TN visa and K1/AOS together.. possible ?

[melusine 5]

Hello,

I have possibilities to get a TN visa because of the kind of work i am doing and work in US with that....

BUT.....

Imagine... i'm in the US with a TN..... the K1 application come to an end.... then what ?

I cross the border with the k1 and cannot work until AOS ? Or i keep the ability to work under my TN during this time ?

Other question.... I am under AOS in the US waiting for the authorisation to work... (so no right to leave the country)

If i get a job, i might as a canadian be able to get a TN Visa wich would mean to cross the border to activate it.... (wich screw the K1 thing)

Anyone already lived one or the other situation ?

[Meridien 0]

I did a little research into this myself. From what I could find out, the TN visa is strictly a non-immigrant visa, meaning that it is only a temporary work visa and you are expected to return to Canada when the visa expires. The fact that you have applied for a K-1 visa means that you have the intention to immigrate to the US permanently, which disqualifies you from the TN. Unfortunately it iooks like you will have to wait for your EAD.

If anyone else on the forum knows more about this than me, please speak up!

[Reba 2]

If you were currently in the US on a TN and then were waiting on the K1 stuff then once you go back for your interview and cross back to the US with your K1, the TN becomes null and void and you can't go back to work until you have your EAD. Which will take a few months.

If you are already in the US on a K1, there is no other option for a work permit other than to get marred and apply to adjust and apply for the EAD. You would not be eligible then for a TN.

If you are still waiting on the K1, and you have opportunity and an employer willing to sponsor you for a TN, then you can likely get the TN, but then what do you do with yourself once its expired? You'd be in the same predicament, unless you get married the day after you arrive on the TN, and adjust status. But that is against the non dual-intent purpose of the TN and an application for adjustment may or may not be denied. And AFAIK, once you have applied to adjust, if your TN expires before you get your EAD, you will not be eligible to work. But you may want to check with the actual law on that. Check with the folks at www.tnvisaexpert.com they might know.

[Flames9_RN 358]

http://www.canuckabroad.com/forums/canadia...he-usa-vf4.html I do believe that sort of questionhas been asked on this forum before, and try asking it there, friendly bunch!!

[warlord 73]

Yes you can't apply for both a K-1 and a TN status at the same time as reasons mentioned. If you were in the US already on a TN status, then that would be completely different (like in my case). But sine you have already gone through the K-1 visa route, your TN would be denied...

[melusine 5]

awesome ! thanks to all !

[melusine 5]

Still... thinking about it...

With the kind of job i m doing i can get contracts for a few weeks or months here and there (not necessarily in my sweet city/state).

So i don't see why i should put my career between brackets for that and waiting when i could actually work, learn and improve (technologies in my domain goes freakin fast)..

What i might consider is to delay the interviw if i get the job there to be sure there will no be any delay or weird situations with a work i might have.

[Flames9_RN 358]

Neiks asked to delayed her interview, and it took her 6 months to get another!! Some have much faired much better mind you, but there are no gaurentees!! Just throwing that out there