It is frequently necessary to navigate a complicated web of immigration laws and regulations in order to live the American dream.
Many people who enter the nation on a TN (Trade NAFTA) visa may look into several options for getting a Green Card since they want to make a permanent life there. Marriage to a citizen or permanent resident of the United States is one way to do this.
This blog post will go into detail about how to marry and convert a TN visa into a Green Card, outlining the stages, potential difficulties, and important factors.
What is the TN Visa and Its Limitations?
Understanding the TN visa is essential before exploring the process of getting married and getting a TN visa converted to a Green Card.
Citizens of Canada and Mexico can temporarily work in the United States in a number of professional fields under the non-immigrant TN visa category.
Although the TN visa has several advantages, such as facilitating cross-border employment, it is crucial to remember that it is a non-immigrant visa and does not offer a direct route to citizenship or permanent residency.
What is Green Card?
An immigration document known as a “Green Card,” or “United States Permanent Resident Card,” gives foreign nationals the ability to live and work legally in the United States.
It denotes a person’s status as a legitimate permanent resident, enabling them to enjoy many of the rights and benefits of U.S. citizens, including the ability to work in any legal capacity, travel freely within the nation and abroad, and eventually apply for citizenship after satisfying certain eligibility requirements.
What are the Benefits of Green Card?
- Foreign nationals who possess a Green Card have the ability to live and work permanently in the US.
- Holders are not subject to the restrictions placed on non-immigrant visa holders and are free to engage in any legal employment or profession in the United States.
- Holders of a Green Card are not required to get any further visas or authorizations in order to enter or exit the country.
- Family reunion is made possible by the ability of holders of green cards to sponsor members of their own families for green cards.
- Eligibility for certain government programs, such as Social Security, Medicare, and others, as well as social benefits.
- Access to education and more affordable tuition at American high schools, universities, and institutions.
- Green Card holders can seek for citizenship, earning the right to vote and other benefits, after fulfilling residency and other requirements.
- The capacity to build credit and own property in the United States.
- Legal safeguards and rights under American law that guarantee fair treatment and court access.
- Holders of Green Cards are not subject to the limitations that some holders of non-immigrant visas are. They can launch their own businesses or make investments.
What is the Path to Permanent Residency through Marriage?
1. Meeting the Eligibility Criteria for Marriage-Based Green Card:
Making sure that both parties are eligible is the first step in converting a TN visa into a Green Card through marriage.
The spouse who is a U.S. citizen or permanent resident must provide proof of their legal standing, and the TN visa holder must provide proof of their legitimate presence in the country.
The marriage must also be legitimate and bona fide, which means it must be founded on true love and devotion rather than just a ruse to obtain immigration benefits.
2. Choosing the Appropriate Green Card Category:
After eligibility has been confirmed, it’s crucial to choose the right Green Card category for the application. Immediate Relative and Family Preference are the two categories into which marriage-based Green Cards often fall.
Immediate Relative Green Cards are an appealing choice because they are available to spouses of U.S. citizens and have no numerical restrictions.
Favorite Family Food Spouses of permanent residents may apply for Green Cards, however there are annual numerical quotas that may lengthen the application process.
The Adjustment of Status Process:
1. Filing Form I-485, Application to Register Permanent Residence or Adjust Status:
The TN visa holder must submit Form I-485 to start the process of getting married and getting a Green Card.
This form is used to submit an application for adjustment of status, which enables the user to change from a non-immigrant to a legal permanent resident.
This form must be submitted with all necessary supporting documentation, including marriage licenses, identification documents, and medical records.
2. Biometrics Appointment and Interview:
Following the submission of Form I-485, the applicant will be given a biometrics appointment to take fingerprints, pictures, and signatures for background checks.
An interview for a Green Card based on marriage will then be organized. This interview is a critical stage in the procedure since it gives immigration officials a chance to confirm the validity of the marriage and evaluate the applicant’s eligibility.
Overcoming Challenges and Considerations:
1. Proving the Bona Fides of the Marriage:
Establishing the validity of the marriage is one of the biggest obstacles to turning a TN visa into a Green Card through marriage.
Immigration authorities are on the lookout for bogus unions formed just to benefit immigration.
Applicants must be ready to offer a wide range of supporting documentation that proves the validity of their connection, such as shared financial records, pictures, affidavits from friends and relatives, and more.
2. Dealing with Potential Delays and Uncertainties:
Immigration procedures are infamous for their erratic schedules and probable delays.
Applicants should be aware that the processing times for marriage-based Green Cards might vary greatly and be ready for potential obstacles.
Some of the uncertainty can be reduced by keeping track of the application’s development and keeping the lines of communication open with immigration authorities.
The Bottom Line:
Marriage is the only legal method to change a TN visa to Green Card, which may be a difficult and time-consuming process for people looking to live permanently in the United States.
Individuals can successfully take this road by satisfying the eligibility requirements, picking the right Green Card category, navigating the change of status procedure, and overcoming potential obstacles.
However, it’s crucial to approach the procedure with thorough planning, close attention to detail, and the persistence to push through any challenges that may arise.
Ultimately, those who select this route might realize their dream of obtaining permanent residency in the United States with perseverance and the appropriate counsel.
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