How to Go from a TN Visa to a Green Card Through Marriage
Suppose you’re a Mexican citizen working in the U.S. on a TN visa and recently married a U.S. citizen. In that case, you may wonder how to transition from TN status to permanent residency (green card). The good news is that this process is possible but involves several steps requiring careful attention. This article will walk you through the essential steps, important documents, and what to expect during the process.
Table of Contents
- What is a TN Visa?
- Eligibility to Apply for a Green Card Through Marriage
- Step-by-Step Guide: From TN Visa to Green Card
- Documents You’ll Need
- Adjusting Your Status: What Happens to Your TN Visa?
- How Long Does the Process Take?
- What if I’m in the U.S. on a TN Visa?
- Final Tips and Next Steps
1. What is a TN Visa?
The TN (Trade NAFTA) visa is a special nonimmigrant visa for Mexican and Canadian citizens. It allows professionals in certain fields to work in the U.S. for specific employers. However, a TN visa is temporary and does not directly lead to a green card. If you want to live in the U.S. permanently, marriage to a U.S. citizen opens the door to this possibility.
2. Eligibility to Apply for a Green Card Through Marriage
To move from a TN visa to a green card, you must meet a few key conditions:
- You are legally married to a U.S. citizen.
- Your marriage is genuine (not solely for immigration purposes).
- You are eligible for “adjustment of status” (changing from nonimmigrant status to permanent residency) while you are in the U.S.
3. Step-by-Step Guide: From TN Visa to Green Card
Here’s a simple guide to transition from a TN visa to a green card through marriage:
Step 1: File Form I-130 (Petition for Alien Relative)
Your U.S. citizen spouse must file this form with U.S. Citizenship and Immigration Services (USCIS) to establish a family relationship.
Step 2: File Form I-485 (Adjustment of Status)
Since you’re already in the U.S. on a TN visa, you can file Form I-485 to adjust your status to permanent resident while waiting for USCIS to process Form I-130. You can also apply for work authorization and advance parole (travel permit) by submitting Form I-765 and Form I-131.
Step 3: Attend Biometrics Appointment
USCIS will schedule a biometrics appointment where they’ll take your fingerprints, photo, and signature for background checks.
Step 4: Attend Marriage-Based Green Card Interview
Both you and your spouse will be required to attend an interview with USCIS to confirm the validity of your marriage. Be prepared to present evidence like photos, joint accounts, or lease agreements to prove your marriage is genuine.
Step 5: Receive Your Green Card
If the interview goes well and your case is approved, you will receive a conditional green card, valid for two years. After two years, you must file to remove the conditions and get a permanent green card.
4. Documents You’ll Need
You’ll need several key documents for this process:
- Valid TN visa and passport
- Form I-130 (Petition for Alien Relative) and I-485 (Adjustment of Status)
- Marriage certificate
- Evidence of genuine marriage (photos, joint leases, etc.)
- Birth certificates (for both you and your spouse)
- Proof of your spouse’s U.S. citizenship (passport, birth certificate, or naturalization certificate)
- Financial documents proving your spouse can support you (Form I-864, Affidavit of Support)
5. Adjusting Your Status: What Happens to Your TN Visa?
Once you file for adjustment of status, you are in a “pending” green card status. While you wait for USCIS to process your application, your TN visa remains valid. However, you should avoid leaving the U.S. until you receive advance parole. If you leave without permission, your application may be denied.
6. How Long Does the Process Take?
The green card process can take anywhere from 8 months to over a year, depending on the processing times at your local USCIS office. You can track the status of your application through the USCIS website.
7. What if I’m in the U.S. on a TN Visa?
If you’re already in the U.S. on a TN visa, you are eligible to file for adjustment of status without leaving the country. This is an advantage because you can continue living and working in the U.S. while your application is processed.
8. Final Tips and Next Steps
- Consult an immigration attorney: Immigration laws can be complex, and small errors in your application can lead to delays or denials. Consulting an immigration lawyer ensures that your forms are filed correctly.
- Be organized: Keep all your documents in one place, and make sure to follow USCIS instructions closely to avoid unnecessary delays
Conclusion
Moving from a TN visa to a Green Card may seem complicated, but with the right strategy, it’s achievable. Whether you choose employer sponsorship, family sponsorship, or self-sponsorship, understanding the steps and maintaining your current status is vital to a successful transition. Consult an immigration attorney to guide you through the process and ensure your application goes smoothly.
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