From TN... to marriage... to Green Card

[Frenchy 0]

I've entered the US on a TN visa. Now my boyfriend (who is a US citizen) and I would like to get married.

1. If we do get married, can I change my status to obtain a Green Card?
2. Will I have to leave the country before my TN expires and risk being denied re-entry?
3. Do I risk losing my TN status and also losing the right to work in the US?
4. Can I simply remain in the US, file all necessary documentation and wait for decision?

Does anybody on this forum have experience with this situation?

Thanks!

[YuAndDan 153]

1. Depends on intent, if you intended to immigrate before entering on the NON-Immigrant visa, you should fine for a K-1 or if married file for CR-1 or K-3 visa.

If you did not intend on marriage before entry then follow this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

2. Refer to number Number 1 above, AP needed to be applied for if you do adjust status using the above guide.

3. Un-Known, if you do adjust status apply for EAD too for work permit.

4. Yes, but again keep in mind what your intent was when you entered the USA, if it was to immigrate then file for a proper visa and enter the country correctly.

[Kez/JWolf 6]

Follow the guides here at VJ just remember that you will not be able to leave the US and return until you have either the AP (I-131) or greencard.....

http://www.visajourney.com/forums/index.ph...page=i130guide2

It is also a good idea to have a chat with an immigration lawyer to go over the full details of your case to make sure there is nothing that will cause you problems later on down the road...

Kez

[rightd 0]

Does anybody on this forum have experience with this situation?

Yes... This is the same transition that we have made.

1) Generally, yes. As others have noted, it would depend if your case had any complicating factors.

2) Not necessarily. If you file for AoS before your TN expires you may remain here while it is pending. Be sure to heed the cautions posted about working and traveling, however. You must file for your I-765 and I-131.

3) Once you have demonstrated an intent to immigrate, you will not be able to renew your TN. You would be able to work, however, while your AoS application is pending provided that you file your I-765.

4) So long as you file the proper forms and follow the proper procedures, yes.

Good Luck!

- RightD