Cdn TN Visa holder now married to US Citizen - now what?

[buzzcola]

I'm a Canadian citizen and have been working in the US under the TN visa for several years now. While working here, I met and married my husband (US citizen) but still kept my TN visas going, and we still live in the US. What are my options as far as getting off the TN while living here in the US (i.e. for a green card)? We never did any "fiancee" visas before we were married because I was always here legally anyway. But, recently I have been told that I am on the "wrong visa" since I am married to a US citizen (not by someone in the know, just another visa holder). Is this true?

Any help would be appreciated, since after reading some of these posts it seems hopeless

Thanks in advance!

[Reba]

Send in forms I-130 sponsor petition, I-485 Adjustment of Status, and I-765 Employment authorization application, and probably need the I-131 for Advanced Parole. Plus all the accompanying docs of course.

For info on marriage based immigration to the US see http://www.visajourney.com and you'll want specifically the Adjustment of Status forum. Read thru the Guides there, they are very detailed and you should be able to get thru the process rather easily.

[Steven]

You no longer have non-immigrant intent if you are married to a US citizen and TN-1 requires that. So it's important to apply for AOS as soon as you can, really.

Bear in mind when you get it you can no longer file taxes as a non-resident (if you are) and you must essentially sever all residential ties to Canada for tax purposes (you can keep a house there, but it can't be your principal residence, and you can have a Canadian bank account, as long as you've told them you're non-resident).

The US is kind of anal about the tax situation as you will see when you read the instructions for I-485.

[Reba]

Oh yeah, once you have the Notice of Action receipt from the I-130 etc.Do Not Leave The Country until you also have the actual Advanced Parole document. Even with a still valid TN they may deny you entry on your return. I'd even go so far as to say don't leave the country period until you have your green card in hand. Depending which part of the country you're living in, green card may be just a few months out, or up to a year. Some regional offices are busier than others.

And make sure you apply for the EAD with the adjustment application, because it is unlikely another TN will be granted once you have the I-130 submitted, so once this one runs out, you'll need employment authorization. They usually take about 90 days from the receipt date to process. Do not delay much longer in getting all of this done, you risk being denied renewal by being married to a USC while you continue on TN status.

Again, see Visa Journey for all the info and example forms and things that you'll need.