What is the Process of Changing Status from a TN Visa to a Marriage-Based Green Card?

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If you reside in Mexico or Canada and want to
work in the U.S., you can apply for a TN Visa. It
allows Mexican Canadian citizens who have
received a job offer to work in the U.S. and want
to professionally engage in business activities
on a temporary basis. It gives expedited
admission to business persons from each country
to live work legally in the U.S. However, some
individuals marry a U.S. citizen or a Green Card
Holder while working on TN Visa in the U.S. We
will walk you through the process of converting
your TN Visa status to a Marriage-Based Green
Card.
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90-Day Rule
Suppose you marry a U.S. citizen or a Green Card
Holder apply for a Marriage-Based Green Card
within the first 90 days of entering the United
States. In that case, the U.S. Government may
assume that you have deliberately misrepresented
your reasons for entering the U.S. When you
enter the U.S. on TN Visa, you intend to leave
before visa expiration. Your purpose is not to
migrate to the U.S. permanently. You are here to
work temporarily under TN Visa terms. However,
if you intend to permanently migrate to the U.S.
and apply for a Green Card within 90 days, your
Green Card Application may be rejected, and your
TN Visa will be revoked. You will be asked to go
back to your country. To avoid this situation,
there is a 90-Day Rule used by Immigration
Officers of USCIS to ascertain the intention of a
Green Card applicant by matching it with their
original reasons for traveling to the U.S.
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Though you will be able to convince USCIS
Officers, it can be challenging. It is highly
recommended to apply for a Green Card, including
Marriage-Based Green Card, after 90 days of
entering the U.S. The USCIS office may presume
that your intentions or situation changed after
entering the country and that you are not
purposefully misrepresenting your intentions of
coming to the U.S. To Determine the 90-Day Rule,
we recommend checking your I-94 Travel Record
(Form of Arrival/Departure Record) to locate the
date of your most recent entry to the U.S. and
add 90 days to it. E.g., suppose your entry date
is 1st January 2023 90 days later will be 1st
April 2023.
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If you are living working in the U.S. and marry
a U.S. citizen or a Green Card Holder, you can
apply for a Marriage-Based Green Card through
Adjustment of Status (AOS) and Consular
Processing. Adjustment of Status is an
extensively used process by applicants in the
U.S. In this option, your application is handled
by USCIS, allowing you to finish the process from
within the U.S. You can apply for a work permit
to lawfully work in the U.S. if your TN Visa
expires before receiving Marriage-Based Green
Card. Consular Processing is used by applicants
applying from outside the U.S. (their home
country). In this option, the application is
handled by your home country's local U.S. Embassy
or Consulate office, where you must appear for a
medical examination interview at the
consular/embassy office.
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There are three primary paths for changing your
status from TN Visa to a Marriage-Based Green
Card, which is as follows
Path 1 Marries A U.S. Citizen And Uses AOS

• In this scenario, when you are marrying a U.S.
  citizen and using AOS for a Marriage-Based Green
  Card, the procedure is similar to that followed
  by other spouses living in the U.S. married to
  a U.S. citizen. You your spouse must file the
  following forms simultaneously
• Green Card Application Form (Form I-485) to be
  filled signed by you (TN Visa Holder)
• Family Sponsorship Form (Form I-130) to be
  completed signed by the U.S. citizen spouse

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After filling out submitting your AOS
application, you can live work in the U.S. till
your TN Visa expires. You can apply for a work
permit "advance parole" travel document after
Visa expiration to work legally in the U.S. and
travel outside the country till you receive your
Marriage-Based Green Card.
Path 2 Marries A U.S. Citizen And Uses Consular
Processing
It is a path widely used by applicants residing
overseas can apply for a Marriage-Based Green
Card from within the U.S. or their home country.
However, the applicant must return to their home
country for medical examination and interview at
their local U.S. Embassy or Consulate Office.
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• In this scenario, you don't have to worry about
  the 90-Day Rule, and it is the safest way to
  change your status from TN Visa to a
  Marriage-Based Green Card. Here, you will rule
  out the possibility of deliberately obtaining a
  Green Card by misrepresenting your intentions.
• Unlike AOS path applicants, Consular Processing
  can't stay in the U.S. or get employment
  authorization if their TN Visa expires before
  receiving their Green Card. The process is
  similar to that followed by U.S. Citizen's
  spouses living abroad
• Family Sponsorship Form (Form I-130) to be
  completed signed by the U.S. citizen spouse
• After Form I-130 approval, the visa application
  is transferred to the National Visa Center (NVC).
  You must pay the required fees, file Form DS-260
  online, and file your supporting documents to the
  NVC.

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• Your Green Card Application is passed on to your
  home country's U.S. Embassy or Local Consulate
  Office. You will receive the time date for your
  Consular Office Interview.
• You must undergo a Medical Examination conducted
  by a certified physician before the interview.
• The entire process takes months to a few years to
  be completed processed, and you will need to
  leave the country after the TN Visa expiration to
  return to your home country for a Consular
  Interview.
• There are chances of an application getting
  approved spontaneously during the interview. And
  you might receive a request for evidence to
  submit additional documents or call for a
  follow-up interview. You must stay in your home
  country until you receive the final approval.

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Path 3 Marries A Green Card Holder
If you're married to a Green Card Holder, you can
apply for a Marriage-Based Green Card through AOS
or Consular Processing. In both processes, you
must file Family Sponsorship Form (Form I-130).
And once USCIS approves it, you will receive a
Visa Number indicating your Green Card
availability. Note Visa Numbers are available
immediately to U.S. Citizen's spouses than Green
Card Holders. If you receive your Visa Number
after the TN Visa Expiration date, you'll be
required to return to your home country
complete the remaining process via Consular
Processing. If you receive your Visa Number
before the TN Visa Expiration date, you may
complete the Green Card application process via
AOS by staying in the U.S.
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If you apply via AOS, the procedure is similar to
that of other spouses living in the U.S., and you
must file Form I-485. Though the process is
lengthy, you can stay work in the U.S. by
applying for a work permit to ensure you are able
to work after your TN Visa expires. If you apply
via Consular Processing, the process is similar
to that followed by U.S. Citizen's spouses living
abroad, which we mentioned in Path 2.
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Conclusion
After reading this, you will have firm
clarification about the 90-Day Rule and the three
paths for changing your status from TN Visa to a
Marriage-Based Green Card. You can follow any of
the mentioned routes according to your
convenience, eligibility and TN Visa expiration
date. However, if you have questions, feel free
to contact us. At Salinas Law Firm, we have
highly qualified experienced TN Visa
Immigration Lawyers, proficient in handling
challenging to complex cases to help clients
change their status to a Marriage-Based Green
Card. Our Immigration Visa Attorneys stay
connected with you throughout the process, from
fulfilling eligibility criteria and gathering
documentation to the interview process. We aim to
simplify the procedure to help you obtain your
Marriage-Based Green Card. For a consultation
with our Visa Attorney, contact us at
713.518.1711.
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6060 Richmond Ave. 240, Houston, TX, USA - 77057
http//www.salinas-law.com/
713.518.1711