1. TN Visa to Adjustment of Status (I-485)
This is the quickest route to obtaining your Green card by marriage. If your situation enables you to file for the Adjustment of Status to obtain your Green card, this will be most ideal based on time, no employment interruption and not having to leave the U.S.
Adjustment of Status Highlights:
- Time to obtain Green card: 4-6 months.
- Time to obtain your Employment Authorization Document (EAD): within 90 days.
- After obtaining EAD, you no longer require a TN Visa.
- With an EAD you can work at any job (no NAFTA Occupation requirement).
- Marriage interview will be in the U.S. Do not need to leave the country.
- Can leave the U.S. by applying for a special travel authorization.
- Let sufficient time pass between your TN Visa entry and Green card application.
2. K3 Visa for TN Visa Holders
If your foreign spouse is a Canadian or Mexican working in the U.S. on a TN Visa, then you do not need to consider a K3 Visa for them, simply start the Adjustment of Status process.
If your foreign spouse is not currently in the U.S., then the K3 spouse Visa is viable option you may want to consider.
3. CR1 Visa for TN Visa Holders
This can be an option for TN Visa holders for various reasons. If your situation requires this option ensure your TN Visa has sufficient time before it expires so you can continue work until you obtain your Green card.
4. CR1 Visa for Canadians living in Canada
This is a longer process, but is a great option if your foreign spouse is not in a rush to enter the U.S. and willing to live in Canada while the CR1 spouse visa is being processed. The benefit to the CR1/IR1 Visa is they will obtain their Green card immediately upon entering the U.S. Current applications through the Vancouver/Montreal U.S. Embassy are taking about 11 to 12 months. If your situation requires this option ensure your TN Visa has sufficient time before it expires so you can continue work until you obtain your Green card.
5. CR1 Visa for Mexicans living in Mexico
This is similar to above and is a great option for Mexican spouses if they in a rush to enter the U.S. and willing to live in Mexico while the CR1 spouse visa is being processed. The benefit to the CR1/IR1 Visa is they will obtain their Green card immediately upon entering the U.S. Current applications through Mexico City Consulate are taking about 11 to 12 months.
CR1 Visa Highlights:
- Time to obtain Green card: 11-12 months
- Green card received immediately upon entering the U.S.
- Marriage interview will take place in Canada (or Mexico).
- May be able to leave and re-enter the U.S. while application is pending
