How Can a Canadian Get a Marriage Green Card if He Has a TN Visa?
When the US government grants you TN visa status, it’s with the explicit understanding that you don’t intend to remain in the country permanently and will return to Canada once your assignment ends. If you hold a TN visa and plan to live or work in the US permanently, you may need to apply for a green card. One way to attain a green card is by marrying an American citizen. This article discusses how to switch from a TN visa to a marriage green card.
What Is a Marriage Green Card?
A marriage green card is a permanent resident card obtained by marrying an American citizen or legal permanent resident. This green card allows you to live and work in America permanently and offers an easier path to becoming a US citizen.
How Can You Apply for a Marriage Green card?
There are two ways to obtain a marriage green card: by adjustment of status or consular processing.
Adjustment of Status
The adjustment of the status process allows you to apply for permanent residence while lawfully living in the US. This application process is only available to spouses with an immigrant visa, such as a TN visa, immediately available to them.
Eligibility for Adjustment of Status
You must meet certain requirements to qualify for an adjustment of status. These include:
- You must be legally married to a US citizen or a permanent resident – neither you nor your spouse should be married to someone else simultaneously. Furthermore, the marriage must not be only to facilitate immigration benefits (a fake marriage).
- You must have lived in the US for 90 days before initiating the application process. To avoid confusion regarding your initial reason for coming to the US, it’s best to start your application only after you’ve been there for at least 90 days.
- Your immigrant visa should be immediately available to you.
- You must have lawfully entered the country.
The Application Process
You and your spouse must fill out and sign specific residence forms, as stated below.
- First, your spouse must fill and sign Form I-130, known as the “Petition for Alien Relative” form. The primary purpose of this form is to establish that a valid marriage exists. You must submit this form to the United States Citizenship and Immigration Services (USCIS) and wait for the immigration officials to process your application.
- Once the form is approved, you must fill out Form I-485, which proves that you’re eligible for a green card. How you fill out this form will depend on whether your spouse is a US citizen or a permanent resident of the country.
- If your TN visa expires before the marriage green card is processed, you’ll need to apply for a work authorization permit and a travel document.
Consular Processing
Applying for a marriage green card is simpler and easier through consular processing since there is no 90-day wait to initiate the process. However, you’ll be required to travel back to your home country during the application process.
The Application Process
You and your spouse must fill out and sign specific residence forms, as stated below.
- If your spouse is a US citizen, you must file Form I-130 first and wait for the USCIS to approve it.
- Once Form I-130 is approved, you must pay your application fees and file forms I-864, DS-260 and D-261 with the National Visa Centre.
- Then, you must complete a medical exam and attend a consular interview.
This process can vary depending on if your spouse is a US citizen or a lawful permanent resident.
Are You Looking for a Canadian Immigration Lawyer?
If you need help with your marriage green card application, contact us at Silver Immigration. Our experienced Montreal immigration lawyer has extensive expertise and experience in all matters of immigration and can help you navigate the complexities of the application and answer all your questions.
Call us today at 1-888-799-4769 or complete our contact form to request a free consultation.
