TN Visa holder wants to marry USC but she's unemployed

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simplicityNew Member
Topic author
Posts: 2
Joined: 31 Jul 2010

TN Visa holder wants to marry USC but she's unemployed

Post Sat Jul 31, 2010 1:35 am

My boyfriend is Canadian and he's been here in the States on TN's for years now. He works for a big tech company and he's on still got 2 years left on a 3 year TN Visa. We've been living together for nearly 2 years and we're talking about possibly getting married but it is rather sticky because I'm unemployed and don't have the assets to qualify as a sponsor on the I-130 (and I don't have any immediate family to act as co-sponsor) and we don't want him to lose his eligibility to work here in the US. However, he's got quite a lot of money in liquid assets -- so would he need an I-130 sponsor at all?

Any suggestions? Any way to skip the I-130? Should we got the K-3 route? I-485 Adjustment of Status + I-765 Employment authorization application?

Thanks for your time.
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flames9CanuckAbroad VIP
Posts: 602
Topics: 1
Joined: 8 Mar 2007
Location: Managua Nicaragua

Re: TN Visa holder wants to marry USC but she's unemployed

Post Sat Jul 31, 2010 3:55 am

I can't give you a very good answer, as I came in on a CR-1 (marriage visa) but what I can tell ya that the k3 is gone the way of the dodo bird! Its pretty much useless! At 1 time it used to be fast process, but thats no longer true! It runs the same tiem frame as the CR-1 which is a far superior visa! less $$$ and one can work right away. One can not work right away with the k3, 1 has to apply for an ead, and that can take another 3 months or so.

I'm sure your best option will be to Adjust of status (AOS) since he has the legal ability to be in the USA already. I'm not certain, but with any route, one is going to have to meet the minimim $$$ guidlines for that year, and if not, one has to get a sponsor. Not sure if the Cdn can use his $$$$$$.

I'm sure others will chirp in. Visajourney.com is a great free relationship visa! Iknow we have had a few in the CANADA forum go form a work visa to AOS's, but I didn't pay that much attention. If you goto visajourney.com and post this question in the CANADA forum (scroll down the page on VJ) you might get some good replies. As well there is a AOS forum!! VJ can be slow on the weekends. Best of luck
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agnelsonCanuckAbroad VIP
Posts: 3264
Topics: 1
Joined: 26 Aug 2009

Re: TN Visa holder wants to marry USC but she's unemployed

Post Sat Jul 31, 2010 11:19 am

You need to keep your job, and the only way to do that is to file AOS (I-485) as part of I-130,I-176,i-131.
Do not leave US, nor try to renew TN after you marry.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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simplicityNew Member
Topic author
Posts: 2
Joined: 31 Jul 2010

Re: TN Visa holder wants to marry USC but she's unemployed

Post Mon Aug 09, 2010 4:14 pm

I've cross-posted this to VisaJourney.com. I tried to post the link but the system won't let me, so if I get an answer that is useful I'll post it here in case someone else has a similar question.
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flames9CanuckAbroad VIP
Posts: 602
Topics: 1
Joined: 8 Mar 2007
Location: Managua Nicaragua

Re: TN Visa holder wants to marry USC but she's unemployed

Post Tue Aug 10, 2010 7:13 am

If ya PM Warlord on VJ, he did that! As Agnelson stated, you will AOS, and if she doesnt make enough $$$$, she will have to get someone to "co-sign" its not the correct term, but my brain is empty-- there is a form think its the I-134--affadavit of support form--more or less states that you wont become a public charge, that personhas to show they have enough $$$$. As I said my brain is fuzzy, and we didnt have to get someone else to sign it!
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