TN Visa

[joedarcy 0]

I have a question about getting a TN visa before getting married. My interview is coming up soon and I was thinking about getting a TN visa before getting married, does anybody have any experience with this? Should I apply for the TN before the interview or before getting married?

[KarenCee 3]

Um....I don't think you can do that. I might be wrong, but for some reason I don't think getting a K1 AND a TN visa is going to be possible.

[thermophile 0]

do you have a Nafta approved job offer from a US company? That's all the TN visa application is-the job offer. I thought about moving to Canada, getting a TN while waiting for my Canadian PR but didn't finish school before I got my PR so never really looked for a job. When I posted the same question going the other way the only responses that I got had to do with the fact that a TN is non-immigrant and whether or not they would grant me a non-immigrant visa when my intent to immigrate was shown by my PR application. Not too much help, but if you don't have the TN job yet this is all theoritical.

[Fuzzness 2]

Not that I know much about what goes on, but I would have to assume that they would know you are applying for a K1 and deny the TN

[girl 37 7]

From my understanding, you can't apply for a TN visa if you intend to immigrate. The K-1 application shows that intent.

[Mephys 2]

No you can't because a TN visa is a temporary Visa only for non-immigrant. You could have before you filed for the K-1 but then you would have had to file for the K-1 anyways in the future. Doing the K-1 is in my opinion a huge step ahead. For few months without working youll go automaticly to the GC.

I thought about the TN before doing the K-1 and seeked professional advices from a lawyer's office. YOu cannot adjust status under a TN unless you can prove that you met the person in the US while on the TN.

Mephys

[Saddle Bronc 124]

No you can't because a TN visa is a temporary Visa only for non-immigrant. You could have before you filed for the K-1 but then you would have had to file for the K-1 anyways in the future. Doing the K-1 is in my opinion a huge step ahead. For few months without working youll go automaticly to the GC.

I thought about the TN before doing the K-1 and seeked professional advices from a lawyer's office. YOu cannot adjust status under a TN unless you can prove that you met the person in the US while on the TN.

Mephys

On the highlighted portion, partly wrong. As worded, there is another way to adjust status though not a very good one nowadays, if you would fall under EB-3), labour-certification. Admittedly, employment-based GC is outside the glister of VJ.

Also, I don't remember any "how did you meet?" question in AOS ore even on I-130 (which I just looked at now), though I do remember it for I-129F (K-1).

However, it is true that the beneficiary of a K-1 application would be ill-advised to submit TN-1, as the record would be on USCIS' system--and would be refused at POE/PFI (highly unlikely that the beneficiary is ALREADY living in US, where a mail-in app may work).

As I actually did consular (EB-3 rather than EB-2, due to a chop#### attorney filing my LC--which caused me nearly TWO YEARS worth of delay and aggravation) GC from TN-1.