newbie needs help please!

[corcs69 0]

hi to everyone,

i have read some posts here and i have found it very informative.i was wondering if any of you can give me advice on my situation:

I am a Canadian nurse on a TN and i met my USC fiancee last year while on assignment.we are planning on doing a civil ceremony this year.My TN expires this April and it seems like i cant get it renewed if i get married first since it shows intent to stay in US and i dont want to defraud the US govt.anyways, it seems to be that the best thing to do (based on what ive read here) is to get married SOON and apply for a change of status and just hope that my EAD comes in in a timely manner. Now the main problem with that is that i am in california and my fiancee had to move back to virginia this year for school.So Im assumin that not having a common address will send red flags to immigration services? What do i need to do basically, in order to get married,and be able to have the least amount of unemployment while waiting for EAD.Some people suggest that renewing my TN then getting married in a couple of months after...but isnt that more suspicious looking but at the same time it would buy while waiting for EAD.OR do i need to move to virginia...but if i do i cant go there and start looking for a job because then i DEFINETELY would need to get a new TN visa, which i cant if i have intention to get married once i get to virginia.Sorry it seems kinda complicated to me, and am VERY stressed out.can someone pls help out.thanks in advance.

[trailmix 77]

Hi corcs,

Will the fact that you two live in different states throw up a red flag - no one can say for certain but common sense dictates that it would. Person enters the U.S. on a TN visa, which is about to expire, marries a U.S. citizen and they don't live in the same state....hmm. Let me state though that I can see how this would happen, just don't know that they will (but who knows).

Seems to me you have no choice but to get married now and hope the EAD comes through quickly..good luck!

Edited January 14, 2009 by trailmix

[Carlawarla 1]

Hi corcs,

Will the fact that you two live in different states throw up a red flag - no one can say for certain but common sense dictates that it would. Person enters the U.S. on a TN visa, which is about to expire, marries a U.S. citizen and they don't live in the same state....hmm. Let me state though that I can see how this would happen, just don't know that they will (but who knows).

Seems to me you have no choice but to get married now and hope the EAD comes through quickly..good luck!

I agree with what trailmix has stated. I think you're looking at a red flag if you live in different states. I would suggest that you're going to be unemployed when you move to VA anyway until you can find work so marrying and moving now, and applying for adjustment of status would be in your best interest.

Best of luck!

[Krikit 1,165]

I have no advice to give you but I wanted to welcome you to VJ. I, personally, would do whatever makes you feel comfortable. I would just trust that the truth will be evident with whoever reviews my case. Your decision to marry is not illegal, and neither is your situation, so you have nothing to feel guilty about. Have you taken a look at the threads in the AOS Adjusting From TN, etc, section?

[warlord 73]

There is no suspission if you get a new TN. This is the process you should do other wise you maybe stuck without a status, without any documents to allow you to work etc. Get a new TN and then file for AOS.

During the Green Card interview is when you'll have to prove your marriage is legit and you would have to really show them that it is if both of you are in two seperate places. After that, 2 years later is when you would remove the conditions on the Green Card, so by then I assume you'd be living together and easier able to convince them that you were married for the right reasons.

If you do not get a new TN now while you can, you very well can end up in limbo. There is nothing wrong with getting a new TN right now as you are not married...

[corcs69 0]

thanks to all of you for the advice...really appreciate it.im just really stressed out because i want to do everything by the book so i dont get deported or denied entry or something.i think i am going to move to virginia so there are no 'red flags' raised as far as having common address.as far as getting a job there before i move i am fortunate enough to have a 'recession proof' job as being a nurse so im not worried about that....what im worried about is if i do that is that how long can i wait before i can get married after getting my TN so it doesnt look bad. also at any point of the process of AOS application, do they request a timeline of your relationship BEFORE getting married or is it just AFTER....my concern is that if i say i got engaged in aug 2008 and then move to Virginia on a new TN in March, get married in May and then apply shortly after for AOS, they might say "well you got a new TN for a new job in virginia and got married 2 months later, did you lie about your intent when you crossed the border......which is the only reason im willling to move to virginia without a new job and new TN, and wait for EAD.guess im kinda paranoid.

[Carlawarla 1]

thanks to all of you for the advice...really appreciate it.im just really stressed out because i want to do everything by the book so i dont get deported or denied entry or something.i think i am going to move to virginia so there are no 'red flags' raised as far as having common address.as far as getting a job there before i move i am fortunate enough to have a 'recession proof' job as being a nurse so im not worried about that....what im worried about is if i do that is that how long can i wait before i can get married after getting my TN so it doesnt look bad. also at any point of the process of AOS application, do they request a timeline of your relationship BEFORE getting married or is it just AFTER....my concern is that if i say i got engaged in aug 2008 and then move to Virginia on a new TN in March, get married in May and then apply shortly after for AOS, they might say "well you got a new TN for a new job in virginia and got married 2 months later, did you lie about your intent when you crossed the border......which is the only reason im willling to move to virginia without a new job and new TN, and wait for EAD.guess im kinda paranoid.

I know you're trying to do things the right way. After reading Krikit's and warlord's postings now I'm thinking that you should maybe just apply for your new TN visa. Get that first, wrap up your work where you are, then move and marry to VA. You'll be applying for AOS after marriage, when you'll be together. You're already here in the US, you've already crossed the border. You've been working thus far..there is no lie there. You met this person while on your TN before you renewed it. Now he/she has moved and you're going to have to make new decisions on where you're going to live etc. Ensuring that until that time you have access to work, you need to have a new TN. Everything coming at the same time is no reason why you shouldn't renew your TN at this time.

As Krikit pointed out, have you checked out the AOS forum? There is usually someone in a similar situation (TN to marriage based AOS) and you could read the postings from others on VJ.

All the best in whatever you decide!

[corcs69 0]

my thanks goes out to all of you...krikit,warlord,and carlawarla for replying.i have checked out the AOS forum and i actually posted a question there.thanks again and i hope that if i can get some great advice from you guys in the future.cheers.

[Carlawarla 1]

Thanks for the "thanks!"

[trailmix 77]

I think the OP's dilemma is that she has to come back to Canada and cross the border back in to the U.S. to renew that TN visa.