TN Visa /Getting Married to a US Citizen

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pmgcanadaNew Member
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TN Visa /Getting Married to a US Citizen

Post Sat Jun 25, 2011 12:08 pm

I am in the US with a TN Visa and getting married next week to a US Citizen and will be filing a spousal application for permanent residency.
My questions are:

- Once I am married to a US citizen can I resign from my job before or after filing for permanent status. (I am unhappy and would like to look for a new job)
- My 17 year old daughter has a TD visa but is in Canada for the summer with her dad. Does she need to return to the US before we file for permanent status? This is her last year of high school and we don't want to mess anything up.
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AGNCanuckAbroad VIP
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Joined: 21 Jun 2011

Re: TN Visa /Getting Married to a US Citizen

Post Mon Jun 27, 2011 6:21 am

As soon as you file I-485, you can be considered as in "adjustee" status, and thus do not need a job to stay in US legally. You need, regrdlss of whether you want to keep the job or not, to remin in US troughout this period (from now, before the wedding, until you physidally get your Advance Parloe document).

Your daughter faces 2 issues. First, she needs to return to US under her TD status (ie. you need to jkeep working until then), and then -- if she is even allowed to file I-485 -- she will also have to stay in US until she gets her Advance Parole document. Second, It is very important that she files I-485 before her 18th birthday. Non-bio children of the sponsoring spouse can only apply for AOS (from within US) if under 18.
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