TN married to US citizen

Like they say on the radio, 'long time listener, first time caller'.

I have a few general and some particular questions and below are the facts:
I have a TN that expires on 22June2009
I married a US citizen in August 2008

I'm wondering if it would be wise to apply for a TN extension or go the I-130, 485,765 route. Or should I apply for an extension first and then send AOS applications since I dont seem to have much time to get an EAD before my TN expires?

On the forms:
1)In the I-765 form, does the TN qualify as 'application for employment authorization' (question 11). Should I answer yes or no. (I know this was addressed in one of the threads but I thought I'd ask again. perhaps the person who first asked the question may inform of his choice and its outcome).

2)On the I-864 form, what consititutes 'proof that the intending immigrants current employment will continue from the same source if his or her income is being used' (in the sponsors annual household income).

thanks.

If you're already there do AOS, you entered with non-immigrant intent so it's entirely legitimate to do it that way, using I-485 and all the attendant forms.

Like I said in the other thread, you may as well answer yes to the question on the I-765 form, can't see that it hurts to tell them about it. You can always phone them and ask, and good luck with that because last time I filed on I-765 and phoned to ask a question I was on hold for seven hours (I kid you not).

I'm not sure if there are any hard and fast rules about proving the income comes from the same source, but I'm pretty sure a current W-2 would do it, plus you could do a W-4 for the current year you are applying to prove you are still with the same employer (even though you may not be subject to filing a W-4, doesn't hurt). Can't see how they can disagree with valid tax forms. Failing that a contract of employment that matches a copy of your W-2 for last year I guess.

You should have applied for AOS as soon as you got your marriage certificate.

If you get it in today however, you might have your EAD before your TN expires. I wouldn't advise trying to renew/reapply for TN now that you're married to a US citizen and intending to stay.

The I-864 requires that letters of employment be included with proof of income. There's your proof. W2s prove you have the income, letter of employment proves you have the job.

thank you both for the prompt replies.

-- Wed Mar 11, 2009 4:26 pm --

another quick question:
Do I need to get medical examination done before I send the AOS application.

thanks.

I believe so, yes.