Getting married with a TN1 visa in the US...

[craigmcg 0]

I've tried to locate relavent posts but was unable to find anything that entirely answered my questions, so I apologize if this is a reiterated topic...

As the title says, I'm currently working under a TN-1 visa in Florida and I recently got engaged to my US Citizen fiance. Once married, we would like to file a spousal petition in order to change my status. I'm concerned that doing so will violate the policies of the TN-1 because I now obviously have intent on becoming a permanent resident.

Does anybody have any advice, input, guidance, etc.?

Thanks a lot.

[YuAndDan 153]

File an I-765 with the I-130, and I-485 when adjusting status, this will get you an EAD.

[Ensamvarg 6]

I'm not familiar with the TN-1 visa but I imagine that as long as you didn't enter the US with intent to immigrate you should be fine.

People adjust from the Visa Waiver program all the time and I can't really see the difference.

[metals95 1]

I was TN for a long time but adjusted from H-1b through my wife.

People seem to have filed I130 and I-485 with all attachments including application for EAD and Advanced parole. Once you file I would not leave the coundtry after, probably not even after your married (before filing). When my wife and I were dating (and I was on TN) we used to get a lot of strange questions about our relationship at the POE, you will understand how stressful that can be if you have applied for TN before.

As soon as you get the EAD, submit it to your HR, thus changing your status from TN to AOS pending. At that point you cannot travel without the advanced parole doc.

Of you get an interview they will take your TN I-94 from you at that time, like they did my H1B. I am not a lawyer so you may want to do more researh on your own.

check out this post

http://www.visajourney.com/forums/index.php?showtopic=109502

[craigmcg 0]

Thanks all for your responses.

metals95, Another option I have is to pursue an H1B through my employer. I understand, however, that these are becoming harder to get in recent years due to the number of applicants. I aslo understand that the submittal date for this visa is at the beginning of April (correct me if I'm wrong). My wedding is set for next August, which leaves me just over 4 months between the H1B visa application and my wedding date. Would this be enough time to get my H1B? And did you have any difficulties after getting yours?

Thanks again.

Edited August 14, 2008 by craigmcg

[Saddle Bronc 124]

craigcmg, the main problem in getting H1-b is that these are subject to a cap. AFAIK, there is no deadline of April--they'll issue new ones (conversion from TN-1 counts) so long as there is availability for current fiscal year. Rather than submit in April, ask your employer if they will submit for one starting October 2008 (FY-2009). If you wait until April and the cap for FY-2009 is filled-up by then, you will be SOL until October 2009 (FY-2010) with regards to getting an H1-b.

What is the expiry date on your current TN-1? Another alternative is to take an (airtrip) vacation to Canada with return in June/July, where you can renew the TN-1 at the PFI (yes, you "sacrifice" the remainder of time on the old TN-1, but it gives you a 10-11 month validity at wedding time)--ignore if your current renewal date is between May and July.

I do remember having to wait unreasonably long due to be able to adjust (employment-based GC--during the wait, I switched the process-method to Consular, which necessitated a trip to Montréal for final interview) from TN-1 due to my birth country being India, and my attorney's having misfiled me as EB-3 instead of EB-2--which played havoc with any marriage plans that I could even make.

[metals95 1]

craigmcg,

The hardest part about getting the H1B in my opinion is getting the employer to agree. Luckily my employer got it for me after 3 TN's. It costs $$ to do it, there are about $3000 in USCIS fees, training fund contributions plus the obigatory lawyer fees.

You may just need to bear it out on TN until your marriage. We were not engaged until after I got the H1B so I never lied to and inspector at the border, but on TN when we crossed together they would ask what our relationship was, and we would always say "friends".

To answer your application timing question for H1B, an employer can file for the visa for any start date in the 2009 fiscal year after October 2008. If some 2008 H1B's are still available you could file now, also there are extra H1B's for people with advanced degrees. If your employer is willing to do this, start the process ASAP.

Good Luck

[Saddle Bronc 124]

Also for craigmcg: if you swap to H1-b, it also makes Consular Processing (@ Montréal) a feasible option (I-130 only, specifying such); although feasible from TN-1, there is much potential for problems (such as for re-entry if you travel outside US prior to the GC interview time).

[Farni 0]

I have a very similar question as craigmcg and I don't know whether it's been answered or whether the answer to my question would be any different...

I am on a TN VISA now (2009-2012). I married my husband October 2008 and recently decided that we will stay in the US and not in Canada. I am working full-time and want to apply for a greencard.

My main concern is that I don't want to stop working throughout the process and will follow whatever route (AOS or direct consular processing) that enables me to maintain my job throughout the application process.

Would direct consular processing result in cancellation of my TN Visa once the application's been processed? (since I have intent to stay evident by filing the application)

Thanks to anyone who can offer some advice!!!

~Farni

[metals95 1]

I have a very similar question as craigmcg and I don't know whether it's been answered or whether the answer to my question would be any different...

I am on a TN VISA now (2009-2012). I married my husband October 2008 and recently decided that we will stay in the US and not in Canada. I am working full-time and want to apply for a greencard.

My main concern is that I don't want to stop working throughout the process and will follow whatever route (AOS or direct consular processing) that enables me to maintain my job throughout the application process.

Would direct consular processing result in cancellation of my TN Visa once the application's been processed? (since I have intent to stay evident by filing the application)

Thanks to anyone who can offer some advice!!!

~Farni

I would think that once you file any paperwork you should consider yourself sequestered (no travel for sure). Also if you go to the consulate and they deny, you have no right to appeal from my understanding. You might want to bite the bullet and pay for AOS. As to whether filing cancels your TN, not sure. Maybe someone else here has experience with DCF from TN.

[Farni 0]

Thank you metals95...

Paying for the AOS is not a problem at all...It's more the question of whether I will not be legal to work once the application is sent until the EAD comes in??

Do you know whether I would have to stop working until that arrives?

Thanks again!