Recently married wife has US/CNDN citizenship - have TN

Hi all So - I've been working in the US since Aug 2005 - got married last May in Canada.wife born US but has lived Canada since 18 (35+ years). My job with major US corp. was 're-orged' and elimina...

Canadian Expatriate and Travellers Forum Index -> Canadians in the USA -> US Visas and Immigration

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mxmgraphica
New Member

Joined: 02 Dec 2007
Posts: 1
Location: miami, florida

Posted: Sun Dec 02, 2007 6:27 am

Hi all

So - I've been working in the US since Aug 2005 - got married last May in Canada.wife born US but has lived Canada since 18 (35+ years). My job with major US corp. was 're-orged' and eliminated. last official day of work was November 30th.
Am planning on filing an I-539 for Change to non-Immigrant status.do I need to exit US, turn around and re-enter as a visitor? Have made no attempts as yet to request green card or perm status.want to make sure we approach this in the propoer manner.

Thank you

Reba
Moderator

Canuck in NC

Joined: 16 Jul 2004
Posts: 1032
Location: North Carolina

Posted: Mon Dec 03, 2007 4:10 am

If your intent is to stay permanently in the US, then the I-539 is not the route to take.

You'd need the I-130 (with your wife as petitioning sponsor) and I-485 plus I-765 to adjust status to receive your green card (permanent residency). The I-539 will only change your status to another non-immigrant status, and I don't think you'd have work authorization with that as you no longer have an employer sponsor.

You won't be able to work for a few months until your EAD is approved, but you won't have to leave the country. If you wish to leave the country to go visit Canada or take vacation, you'll also need to apply for an Advanced Parole document. You can include that with all the other stuff.

I would however speak with a knowledgable and experienced immigration lawyer about your options.

Have a look at www.visajourney.com for information on marriage based immigration.
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Christopher G. Rizzo, Esq
CanuckAbroad VIP

Joined: 17 Oct 2007
Posts: 284
Location: Red Bank, NJ USA

Posted: Mon Dec 03, 2007 6:30 am

Your situation is very complicated. I don't think you have time to file an I-539. You should immediately depart the U.S. I can't advise whether or not you can immediately re-enter as a B-2 nonimmigrant. Email me off the board or call me if you'd like.
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