From TN to Green Card through marriage?

It depends on what preference category you are in. (EB1-5) Since the visa bulletin is oversubscribed for EB-3, your looking at at least a three year wait.

Christopher, what is EB1-5?

Thanks Reba, your reply was most professional, are you sure you're not a lawyer?

It seems like the 2 of you have different opinions, but both possess a reliable source knowledge.

It's an argument really over what the law says and how your average CBP guy who is not a lawyer interprets it. CBP say all kinds of things that turn out to not be strictly legally the case, but at the end of the day, that's why there are courts.

Not having done the marriage thing what I do know is that you can have an I-130 (or I-140) filed, and choose consular processing (i.e. a foreign address) and then still enter in the meantime in another category. It has to be that way, because for example, fourth preference family reunification petitions are currently taking 8.5 years to come up for approval, and it's unrealistic to refuse any entry for that long just because they have a petition pending.

But having said that, probably not a wise move to tell the guy at the border "oh, by the way, I've filed a petition for a visa number so I can become a permanent resident" when you go there on vacation in the meantime, as it sets off alarm bells in his head.

"EB" is employment-based immigration, i.e. an I-140 is filed. There are different categories, EB-1, EB-2, EB-3 etc. EB-3 is further sub-divided into skilled and unskilled. The subdivision relates to the amount of visa numbers under the basic employment-based immigration quota. However, rarely (if ever) are all the numbers allowed for EB-1 and EB-2 assigned (because it's next to impossible to qualify for EB-1 and EB-2 is very hard) so they are assigned under EB-3. Most Canadians fall under EB-3 skilled worker and there is a nearly three-year wait for approval in that category. Unskilled is much longer.

Most of them require DOL certification on ETA-750, i.e. the employer can't find a US citizen or permanent resident locally to do the job. That is the real hurdle, unless you happen to be an Olympic medal winner or have a Nobel prize and they exempt you from it.

For marriage based petitions there is no quota number, as there is for other family petitions, but once a petition is submitted for a marriage based visa, the beneficiary will be more scrutinized at border entries. Several people have been denied entry at the border because of lack of ties to home country during the process, and have been told do not enter again until you get your visa.

This of course is not the "letter of the law", however it is how many US CBPs interpret it, and as they have the final say on whether or not you'll be admitted. They can pretty much deny you for no reason at all if they feel like it.

Its just my humble opinion of course, and no I'm not a lawyer, but from reading others experiences on various message forums such as this, filing from within the US for adjustment is probably the safest bet, and in some areas of the US, will not take as long as "consular filing" as Christopher calls it.

I'm thoroughly confused now. I'm in the same situation as the OP.

Assuming I choose the AOS route, what forms do I need for my AOS, EAB and AP?

What about the petition route?

To adjust status from any visa to permanent resident, your then spouse will need to complete an I-130 petition, and you will need to do an I-485 (adjustment application), I-765 (EAD), and I-131 (AP).

Check out http://www.visajourney.com for marriage based immigration info. There's a few there I think who've adjusted from work visas.

And all of these can be filed at the same time, correct?

Yep, all at the same time, plus accompanying documents. The current fee is $1010 for the AOS. I'm not sure what the fee is for the I-130, if there is one.

All the forms are available for download on the USCIS website.