Help! Canadian with expiring TN Visa trying to marry a US Citizen and receive work authorization in the US

[js66 0]

JS66

You may want to inform your employer that the TN visa can now be renewed for 1, 2 or 3 years and try to talk them into one more. In that time if you and your SO really decide to get married, you could, and do the 130, 485 etc and get the EAD and AP. You would be good to go.

I was TN for a long time too, off an on for 8 years ( with an H1B in the middle) (6 TN's total). Luckily for me my employer agreed to do another H1B that gave me clear dual intent.

As such if your Employer wont do another TN, you can,

Return to Canada and file for K1, or CR1 ( if married)

Quit your job, get married and wait for the AP EAD before leaving US(filing 130, 485 etc)

Unless you can talk your employer into a new TN or better the multi year TN your options are low.

Thanks for the input Metals!

I have talked to my company a few times and at first it sounded like they were willing to help me. Then yesterday I got a call telling me that they won't sponsor me for any visas. Basically if I wanted the position it would have to be in Canada. Once I am legal to work in the US (Which I have to do on my own) they will transfer me to the US payroll. Thus I can keep the position the entire time. I have talked many times at lenght with my fiance and we both agree it will be better for us long term. It will be pretty terrible in the short term, but 6-12 months is really not that long when you plan on being together 50+ years...

The job is a fairly good job.. and being the person I am, I can't be unemployed if I can help it. Work in my area is scarce for my job and my fiance has a good thing going where she is at. I think it's kind of sad that I can just quit my job, wait out the AOS and I can stay here... but when I try and be responsible and provide for my new wife and hopefully children the government seems to make it much more difficult for me.

I'm pretty down about the whole situation.. I hate to leave my future wife behind, but we think it may be better for us when I return.

[trailmix 77]

Getting married will not speed things up.

Again - if you wish to stay working in Canada, and get married, then the best route would be the CR-1 visa. You can visit during the wait, you just have to pass inspection at the POE (strong ties back to the home country).

Since your from Canada, which isn't a high fraud country, you shouldn't have much difficulty.

Depends on how complicated your case is, background, etc... My own case is moving along nicely

Thanks again for your help. If you don't mind me asking what does... moving along nicely mean? Are you looking at 6 months, 8 months or 12?

Looking at processing times on this site I think it says 6 months for the I-130. Is that about correct? As I said I am very new to the process what would come after the I-130? I'm guessing the interview and if that goes well I'm approved? I've read through the guides and I think I may not have a full grasp on the entire process. Not to mention every attorney tells me something different.

As far as strong ties to Canada I'm a little worried about that. I will most likely try and stay with a relative or friend who could use a roommate. I'm not sure if I will have an appt lease to show someone with my name on it, an electric bill for my appt, etc. etc. Any suggestions?

Can't thank you or the other great people on this board enough... you are all so helpful.

It may be 6 months to get the I-130 approved now, however after that you if you are doing a K visa you have to wait to be scheduled for an interview and that can take a few months (2-3) - depends where you interview - if you live in Eastern Canada that would be Montreal, Western would be Vancouver - Vancouver is a little bit faster.

CR1 visa interviews are only held in Montreal. The CR1 will take about 1 year from start to finish - I-130 approval >>> on to the National Visa Center (more paperwork) then sent to the consulate in Montreal for the interview.

As for ties - you could get a letter from your employer saying you are expected back on such and such a date. Take your visa paperwork as well. As far as pre-approval for visits, while you cannot do that, you will be going through U.S. clearance before you board the plane - at least if you get turned back you are still in Canada.

[Reba 2]

K1 wouldn't be an option for you because you may not be authorized to work for a few months after getting it. Once you get to the US on K1, you have to get married, then apply for AOS and EAD. Few Canadian POEs will stamp you for temporary EADs, so IIWY, I'd scratch the idea of the K1, given your situation.

CR1 is likely your best option IMO. Where in Canada will you be living? West or East?