TN Visa

[winnipeger 0]

I have been on a TN Visa for almost 3 years now. I married a US citizen in July 2008. I have left it a little late to start the permanent residency process as my TN expires on March 18, 2009. I'm trying to figure out my options.

Does anyone know if you need Advance Parole if you have a valid TN?

Does the process go quicker from a TN Visa rather than other types for the AOS?

I am thinking about renewing my TN Visa (first to extend my time and then apply for AOS a few months after renewal of TN). I am not sure if they will deny it though as I am now married to a US citizen? We still are not 100% if we will continue to live in the U.S. or will move to Canada to be by my family. I still own my house in Canada so I was thinking this would be proof enough for them that I was "temporary", no intent for immigration.

Any help will be great!! The other problem is that I still have to change my Canadian passport to my married name, I was afraid of doing this on my TN Visa is in my old name.

[Reba 2]

A renewal of TN may well be denied because of your marital status now. If you apply for AOS asap, you may have an EAD within time before your current TN expires (usually takes 90 days from receipt date to get EAD). Yes, you should most definitely apply for AP at the same time as your AOS and EAD. They're all included in the same processing fee anyhow if you submitt them together, so save yourself some heartache and some money. If you submitt them semparately, you have to pay extra.

Get it done as soon as you can. Faster even if possible.

[winnipeger 0]

Thanks Reba.

From what I've read elsewhere, it's confusing whether you need an AP if you have a valid TN.

I just don't want to be without the ability to work if the AED doesn't come in time so that's another reason why I wanted to renew my TN visa. Looking at people's timelimes, some people have renewed their TN after getting married.

Any tips on expediting the AP or AED?

[warlord 73]

Yes once you have gotten married you can no longer apply for a TN status. AP/EAD is the only way you can now work. So everything should have been filed right after the marriage. Best thing would be to have applied and gotten a new TN before you got married and thus giving you a full year (or 3 now with the new 3 yr TNs). This would have allowed you to continue working on the TN status while you waited for the EAD to arrive.

Now if you had just filed for AOS, chances are you will get your EAD before March, usually it doesn't take long (mine took 3 weeks from applying to get my EAD, so it was quick)...

[warlord 73]

Yes once you have gotten married you can no longer apply for a TN status. AP/EAD is the only way you can now work. So everything should have been filed right after the marriage. Best thing would be to have applied and gotten a new TN before you got married and thus giving you a full year (or 3 now with the new 3 yr TNs). This would have allowed you to continue working on the TN status while you waited for the EAD to arrive.

Now if you had just filed for AOS, chances are you will get your EAD before March, usually it doesn't take long (mine took 3 weeks from applying to get my EAD, so it was quick)...

[trailmix 77]

Yes once you have gotten married you can no longer apply for a TN status. AP/EAD is the only way you can now work. So everything should have been filed right after the marriage. Best thing would be to have applied and gotten a new TN before you got married and thus giving you a full year (or 3 now with the new 3 yr TNs). This would have allowed you to continue working on the TN status while you waited for the EAD to arrive.

Now if you had just filed for AOS, chances are you will get your EAD before March, usually it doesn't take long (mine took 3 weeks from applying to get my EAD, so it was quick)...

Is it that cut and dried? My BIL was working on a TN visa for several years (married to my Sister obviously).

During that time my Sister and I documented our U.S. citizenship (ie - we had always been U.S. citizens as well as Canadian citizens).

They went up to Canada (a year and a half ago) - renewed his annual TN visa and then a couple of weeks later filed for his adjustment of status. Six months later he had his green card. BTW it took 5 months for him to get his EAD - not a big deal for them, I just mention this as it does not always take the 90 days they say is the 'norm'.

They did do an infopass with USCIS to see what the hold up was - but they never found out why it took so long.

I should also mention that my Sister was still crossing the border using her Canadian passport at that point.

I'm just wondering if there is an actual law with regard to this or if it is up to the officer at the border crossing to decide if they will renew the TN visa when there may be immigrant intent.

Edited January 5, 2009 by trailmix

[jedinite 0]

1) DO NOT MENTION THAT YOU ARE MARRIED!!!!

I was on a TN-1 Visa and I was questioned during my TN renewal and I made the mistake of telling them that I was married. And it is an instant denial. There is not gray area about it, POE Officers are trained to not allow anyone in that is married and that has not filed the proper immigration forms. They will tell you that you have to make a decision with your spouse, whether that be to immigrate to Canada or the US, you must decide. You will be denied entry at the border and will have to prove that you have strong ties to Canada before you will be admitted back to the country until you file for immigration.

2) Since your TN visa is expiring soon you may be able to get it renew regardless. Just don't mention that you are married. Don't even mention that you're in a relationship if you think they might inquire about your marital status. The reason I was questioned during my TN Visa renewal was because my employer let my status slip past the expiry date and they would not give me a letter of renew for a few months. Your case is different since you know when your status is changing and you can prepare for it early. And there is a way of renewing your TN visa without leaving the country, you have to file through the Nebraska Office, I don't know what the form is but you may want to call and ask them about this. I know it costs more than the $50 for the TN, but not by much. I think it's $180 which is still less than a flight to Canada and back plus the TN fee. But you have to file for this soon as it does take about 90 days to process. You pretty much have to do it right away.

3) Once you have your TN renewed, file for your immigration papers and adjustment of status. I don't know how long adjustment of status takes but it might actually take as much time as it does to renew your TN visa. It will certainly be quicker than you leaving the country and filing your immigration papers. So if you want to be with your spouse I would recommend not planning any trips outside the US for the next 3-6 months. When you do adjustment of status you are expedited as compared to couples that file while their spouses are in different countries.

4) You don't need a lawyer to file for your immigration. I paid $100 for a consulting fee just to get information and after speaking with the lawyer I found this site and really, this site has all you require to file for immigration for 99% of the people out there. I spoke to my wife's best friend who immigrated a few years ago and they paid $5000 for legal fees on top of the approximate $1500 fees for immigration, and all the lawyer did was double check they filled out the forms correctly, he didn't even fill out any of the forms or provide any guidance.

Good luck with everything and make sure you get your TN extension or adjustment of status in soon, you're cutting it close now.

[warlord 73]

Yes people have successfully gotten married in the US, then went to the border or done mail ins for their new TN status. Issue as mentioned is it is a status with non-immigration intent. Marriage breaks that and it will be denied if found out. So the risks can be high if you go that way. Many border guards might even simply not only deny your new TN status but revoke your current one for 'lying or falsefying your actual status' etc. You could claim you didn't know any better, but doubt they will believe it.

So like anything it is possible, but many people have found themselves in a world of trouble as well doing that method.

Plain and simple have time left on your current TN status, get married, apply for the EAD/AP and wait for the EAD to come to work (AP to travel) and that's it.

I had a few months left on my TN status when I got married and that was more then enough to get my EAD in a few weeks and my Green Card a few months later while I was still able to work on my current TN status. I just wasn't leaving the US during that time before getting my AP at all though...

Edited January 5, 2009 by warlord

[trailmix 77]

Yes people have successfully gotten married in the US, then went to the border or done mail ins for their new TN status. Issue as mentioned is it is a status with non-immigration intent. Marriage breaks that and it will be denied if found out. So the risks can be high if you go that way. Many border guards might even simply not only deny your new TN status but revoke your current one for 'lying or falsefying your actual status' etc. You could claim you didn't know any better, but doubt they will believe it.

So like anything it is possible, but many people have found themselves in a world of trouble as well doing that method.

Plain and simple have time left on your current TN status, get married, apply for the EAD/AP and wait for the EAD to come to work (AP to travel) and that's it.

I had a few months left on my TN status when I got married and that was more then enough to get my EAD in a few weeks and my Green Card a few months later while I was still able to work on my current TN status. I just wasn't leaving the US during that time before getting my AP at all though...

Good advice there warlord.

[warlord 73]

We still are not 100% if we will continue to live in the U.S. or will move to Canada to be by my family. I still own my house in Canada so I was thinking this would be proof enough for them that I was "temporary", no intent for immigration.

Missed this part. You should apply now for the AOS if you intend on working in March. Now with this part here, you need to decide if you want to live in Canada permenantly or not. This will save you a huge sum of money since you would need to maintain US residency to keep your Green card if it arrived. So going through AOS, getting a Green Card and then moving to Canada will abandon your Green Card status and you would have to start from scratch all over again if you ever intended to move back to the US.

So make sure you know your plans to limit the hassle and money before you apply. Best bet is to file AOS now, get the EAD/AP, get the Green Card, Apply for removal of the conditions 2 years down the road and then on your 3rd anniversery of your Green Card (PR status) apply for citizenship, get that be dual and live anywhere you want without fear of losing your US residency...

[zyggy 9]

Your TN status is good as long as you remain in the US until its expiry. If you leave the US, it is void, as you are no longer eligible to enter the US on that status due to your immigrant intent.

Do not leave the US on TN as you are no longer eligible for the status. Apply for AOS and an EAD now. Do not leave the US until you receive Advanced Parole.

Stop procrastinating... apply now. If you're not sure, you need to make a decision now. Sorry, that's how it goes.

You can apply for AOS under your married name under your old passport. It's okay, everyone does it and it's fine.

Edited January 6, 2009 by zyggy

[Reba 2]

so sayeth zyggy

[zyggy 9]

so sayeth zyggy

chuckle.. I guess I have to come down from the mountain every once in awhile....

[Saddle Bronc 124]

I have been on a TN Visa for almost 3 years now. I married a US citizen in July 2008. I have left it a little late to start the permanent residency process as my TN expires on March 18, 2009. I'm trying to figure out my options.

Does anyone know if you need Advance Parole if you have a valid TN?

You do if you wish to leave the US and then re-enter.

oes the process go quicker from a TN Visa rather than other types for the AOS?

Probably not.

am thinking about renewing my TN Visa (first to extend my time and then apply for AOS a few months after renewal of TN). I am not sure if they will deny it though as I am now married to a US citizen? We still are not 100% if we will continue to live in the U.S. or will move to Canada to be by my family. I still own my house in Canada so I was thinking this would be proof enough for them that I was "temporary", no intent for immigration.

Problem is that in eyes of USCIS, marriage to a USC by a non-GC, non-USC oft constitutes "intent to immigrate"; you'll have much difficulty convincing officials otherwise.

[warlord 73]

Does the process go quicker from a TN Visa rather than other types for the AOS?

Probably not.

Forgot this one, no the process is the same for anyone applying for AOS regardless of their current status in the US (Work visa, TN status, non-immigrant who happen to fly from Turkmenistan to Vegas for the weekend and got hitched with an elvis impersonator and married in the Elvis wedding chapel etc.) It's all the same time frame...