Besides the numerous other issues faced by a TN visa worker filing an I-485 Adjustment of Status (AOS) green card application based on marriage to a U.S. citizen, is meeting the I-864 Affidavit of Support requirements.

In a recent liaison meeting with AILA, the USCIS Service Center Operations office has stated that about 30% of Request for Evidence (RFEs) in family-based AOS applications are issued for missing I-864, Affidavit of Support and I-693, Medical Examination forms. AILA NY Ch. / USCIS Meeting, Nov. 2011, AILA InfoNet Doc. No. 11122844 (Posted 12/28/11).

A U.S. citizen filing an AOS green card application on behalf of his/her TN visa worker spouse must meet certain income requirements and submit an I-864, Affidavit of Support as part of the AOS application. Not filing, or improperly filing an Affidavit of Support, will result in a delay in the processing of the AOS application as USCIS will issue an RFE to address the Affidavit of Support issue. The issuance of an RFE will also delay the processing of the employment authorization (I-765) and travel authorization (I-131) applications the TN visa worker would have filed as part of the AOS application. USCIS will hold these applications in abeyance until USCIS receives a response to the RFE.

As TN visa workers who file for AOS cannot travel until they receive their advance parole, or continue working after their TN I-94 expires until they receive their employment authorization, such a delay can lead to the temporary inability to travel or continue employment. These potential restrictions underscore the importance of ensuring that all aspects of an AOS application including the Affidavit of Support requirements are properly prepared.