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cachick · Mar 5, 2009, 10:20 AM

I am a Canadian citizen currently in the US. I reside in North Carolina. I attended a 4 year college, was on OPT for a year, and have been on TN Status for the past year. My current TN status expires June 30th, 2009 and my application for extension has been approved until June 30th, 2010. I have a couple different questions:

-I am getting married to an American citizen this October (2009). Can I apply for a green card after we are married, but while I am still on TN Status?

-I would like to start an MBA program spring 2010. I need to take one class before I can enter the program. Am I able to take a college course while on TN Status? Or do I have to wait until after I get married and have a green card?

I appreciate any information you can provide me!

DCcityboy · Mar 5, 2009, 11:56 AM

Congratulations!

You can file for permanent residence after you are married while you are in TN status. Remember to file for an EAD and AP so you can work and travel without renewing your EAD. It will take 3 months for the EAD and AP, so file as soon as you get married.

You can go to school (part-time) as a TN, or if your timeline is correct, you will be an applicant for permanent residence and can attend school as such.

If this was helpful, rate this answer! Thanks and good luck.

cachick · Mar 5, 2009, 12:08 PM

Thank you for your response. I have a couple of questions. What is an EAD and AP? Do I file those along with my application for permanent residence? Once I have a green card, can I not work without any applications or renewals?

I read somewhere that it is better to file an application for permanent residence instead of an adjustment of status so that I can continue to work. Is this true?

DCcityboy · Mar 5, 2009, 12:29 PM

EAD is employment authorization document or work card. AP is advance parole or travel authorization. You should apply for both because the fee is now built into the I-485 filing fee and you then do not need to maintain your TN status. You need work authorization of some sort unless you are a permanent resident or a US citizen.

Application for permanent residence in the US is an adjustment of status.

I think its best for you to consult with and have an attorney assist on your case. Good luck!

DCcityboy · Mar 5, 2009, 12:31 PM

And to clarify, the EAD is what authorizes employment while you are an applicant for permanent residence. After your permanent residence is approved (green card), that is all you need for employment.