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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10895
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Currently hold a TN visa to work in the US. I recently

Customer Question

Hello, I am Canadian and currently hold a TN visa to work in the US. I recently became married (to an American) and would like to apply for a green card. I have seen online the various forms that I would need to apply, and request adjustment of status (since I already live/work in the US currently). These include I-130, I-485, I-864, G-325A. My question is...can I file all of these at once? Or is there a certain order they should be filed, and not submit the other form(s) until they are asked for, by the processing offices? Also, is a medical examination always required for green card requests through marriage (if I already live in the US and completed medicals for my current visas), or only for those entering the US for the first time? And lastly, once I begin green card processing and start filing forms, am I able to continue working under my TN status without any changes needing to be made? Thank you in advance for your help!
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Expert James replied 10 months ago.

Hello! Thank you for using Just Answer. My name is***** will be assisting you. Please view this as a casual conversation. We will chat back and forth until I have all of the necessary information I need to give you a thorough answer.

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Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

ANSWER: Yes, you should file them all at once, together in the same envelope, to the same Chicago Lockbox address.

If you were married to someone who is NOT a US citizen, then you would not submit them together. But because you are married to a US citizen, you are an immediate relative and thus eligible for adjustment of status immediately. Therefore you can submit the I-130 and I-485 concurrently, with supporting documents.

Here is an excellent resource for what you would need to submit: http://www.visajourney.com/content/i130guide2

A medical (I-693) is always required. Moreover, they expire after 1 year anyway, so if the medical you did previously is more than 1 year old, it is expired. But that is irrelevant - the I-693 is always required.

Yes, you can continue with your TN employment throughout the process.

I know this can be confusing. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

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Customer: replied 10 months ago.
Thanks, ***** ***** you know the approximate processing time for my situation - a Canad***** *****ving in the US, already on TN, married to a US citizien? I know that as an immediate relative that priority dates don't apply, and I am granted a visa immediately...but what about total processing time for receiving my actual green card? Also, once I submit the forms for filing, am I able to travel in/out of the US during processing? My father is very sick and lives overseas, so while I want to submit my paperwork as quickly as possible, I also don't want to be "stuck" in the US during the few months of waiting time, and not be able to go visit him if he gets worse. If traveling is now allowed, are there exceptions for situations like this?
Expert:  Expert James replied 10 months ago.

Hello again,

Sorry for the delay. I stepped away to work with a client in my private practice. Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

QUESTION: Thanks, ***** ***** you know the approximate processing time for my situation - a Canad***** *****ving in the US, already on TN, married to a US citizien?

ANSWER: It currently is taking about 9 months to complete the entire process.

QUESTION: Also, once I submit the forms for filing, am I able to travel in/out of the US during processing?

ANSWER: No. If you leave the US while the I-485 is processing, and you do not have Advance PArole, your I-485 will be deemed abandoned.

You need to apply and be approved for Advance Parole. You should wait until you receive the Travel Document before leaving the US. It takes about 3 months to receive the document.

I know this can be confusing. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 10 months ago.
for the Advance Parole request, I need to have a specific departure/return date set, and my travel plans already known far in advance...in order to request and then wait the approx. 3 months processing time for that...correct? Are there any options for an "as needed" travel permission? Like I said, if I have to leave because my father's illness turns worse, I obviously don't want to surrender my entire GC processing, forms, and fees! But I also don't want to miss out on being with my father. Am I just out of luck in this case, and hope that the two situations don't overlap? Thank you for your help so far!
Expert:  Expert James replied 10 months ago.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

ANSWER: No, not correct. If you do not know your travel plans, you do not have to provide that information.

I know this can be confusing. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 10 months ago.

Hi again,

I received a message that you reviewed my response and you require additional assistance. However I cannot see your correspondence above.

Please post it again, so I can continue to help you and we can close this question.

Thank you!

Expert:  Expert James replied 10 months ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

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