Applying for change to TD Status

Hello,

I entered the US on June 21, 2008 as a visitor with my fiance who at that same time obtained a TN visa. We were married here (in the US) in October and I would now like to change my status to a TD visa.

I would prefer to do this within the US, rather than leaving and applying for one upon return, and have some questions:

1) I believe I need to submit a form I-539 to change from a B2 (there is no stamp in my passport) to a TD, along with the fee and copies of my husbands passport/I-94 and our marriage certificate?

2) Do I need to complete (or have my husbands employer complete) a form I-129?

3) Can I submit my request electronically? What about the supporting documentation?

4) If I submit the required documentation and it does not process before my 180 days in the US as a B2 expire, am I going to be overstaying my visit?

Thank you in advance for your information!

1) Yes.
2) No, it's your application not his, all you need to do is prove the relationship.
3) You have to send it in to the service centre with the supporting documentation.
4) Mmm, well you can stay in the US indefinitely with someone who has lawfully entered as a "co-habiting partner" in B-2 status, so if you entered as that and you've applied for AOS, I think you're okay.

It would be much quicker to go to a POE I have to say, and it's better to be there because you can answer any questions they have. It can be any Class A POE, doesn't necessarily have to be a Canadian border post.

Thank you for your quick reply, Steve!

Regarding Question 4 - When we crossed into the US in June, I did apply for a Cohabiting partner status so that I could stay the one year duration of my fiances TN visa. I had a LOT of supporting documentation with me (proof that I could support myself, etc. etc.), but what I did not have was proof of residence in Canada. It was not entirely a huge surprise, based on not having that proof or residence, that I was declined the request. I think the agents exact words were 'Yeah, that's not going to happen today". ha! But they did let me come in as a visitor. Based on this information, does this change your opinion as to whether I will be overstaying if I submit an I-539 and do not receive approval in time?

I do realize it would be quicker (and probably cheaper!) to go to a POE. Sadly, traveling back to Canada is definitely not in my plans any time soon though. Can you give me more information about Class A POE's? I am in Manhattan - can I just go to La Guardia with my husband and our passports and take care of this there? What are the logistics around this if we don't have a flight booked out - how do we get to the US customs agents? (Sorry that last question may sound a bit odd).

Thanks again!

You have to enter the US to do it, but any Class A POE will do, i.e. a major POE which includes all major airports.

If you're there as B-2 then I'm not sure what the agent thought really matters, B-2 is B-2 and if you apply for AOS then you've applied. There's no separate B-2 category specifically for co-habiting partners. A lawyer may have a different opinion but it seems very odd to allow you in as B-2 only as a visitor when you have stated your intention to stay. Clearly you do have a residential tie to Canada - the person you are living with, hence his TN-1 status. If he's a non-immigrant and USCIS have issued him his status based on that, then by definition so are you.

I suppose it depends on what he put into the computer at the POE and what the agent reviewing your I-539 thinks when they read his comments. Which is another reason to go to a POE then you can explain if they have questions.

I doubt you'd have a problem frankly, but it's an excuse to go on vacation!