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Filed: AOS (pnd) Country: Canada
Timeline
Posted

Hi Everyone!

I have been living in the US for almost 6 years on a TN visa. I am getting married to a US citizen in Sept and my current TN visa expires in Aug. I am going to renew this visa and I was planning on applying for a greencard after the wedding. After reading all of the mutiple posts on here about having the intent to stay on a temp visa I'm asking myself is it worth it to get a greencard? Should we just get married before the wedding and let my TN expire?... Then apply for the greencard? I really need to keep my job after we get married and I don't want to be excused of visa fraud! I'm in some desprate need of advice here . Thanks!

Filed: Citizen (pnd) Country: Mexico
Timeline
Posted (edited)

well,

It is not visa fraud if the last time you entered the US, you didn't PLAN to get married (let it be said that planning isn't the same as hoping or desiring to get married to your boy/girlfriend). Therefore, if you need to keep your job, just renew your TN, get married and apply for the GC while IN the US.

I'm recommending to renew your TN because even if you apply for a GC and you apply for a temporary work permit, it will take at least 3 months to arrive; if you continue working w/your expired TN, I'll be considered illegal.

However, I'm not familiarized with the TN process, if you need to leave the country to renew, you would be committing visa fraud while re-entering the US since you are already planning to get married.

If this is the case, the best would be to get married, stop working when your TN expires, apply for a green card and go back to work when you receive your other work permit based on your marriage to a US citizen.

OR leave the country, apply for a fiance's visa, come back, get married and apply for the green card

OR get married in or outside the US, leave the country and apply for re-entry as a foreign spouse of a US citizen and apply for the green card.

It is up to you...

Edited by TävôLuDô

05/01/08 Green Card in mailbox!!

06/05/10 Real GREEN Card RECEIVED!

01/17/13 Sent application for US Citizenship!!!

01/19/13 Arrived to Arizona Lockbox

01/24/13 Notice of Action

01/25/13 Check cashed

01/28/13 NOA received by mail and biometrics letter mailed as per uscis.gov

02/14/13 Biometrics appointment

03/18/13 In-line for inteview

Filed: Other Country: Canada
Timeline
Posted

I was on a TN when I got married but I had 8 months left on it. When you leave the country to renew your TN, it can be hard or it can be very easy it all depends on the customs officer you get. When I went to renew it the last time (in 2008), they grilled me for an hour and let me sweat and almost didn't approve my TN renewal (I wasn't even engaged at the time!). My suggestion is to get married in a civil ceremony ASAP and then file for AOS ASAP and you should be ok. Im not a lawyer so don't quote me on that however GET MARRIED ASAP in a civil ceremony and just get married with your folks/friends in a reception/church ceremony later. (thats what we did)

Filed: Country: Canada
Timeline
Posted

I would not quit my job without talking to an immigration lawyer first about the issues. There are LOTS of people who are married to USC's and on TN. There are also LOTS of people who file for a new TN when their employer filed an I-140 for their job.

Make sure you understand all your options before quitting like suggested above.

Talk to a lawyer.

Filed: AOS (pnd) Country: Canada
Timeline
Posted
I would not quit my job without talking to an immigration lawyer first about the issues. There are LOTS of people who are married to USC's and on TN. There are also LOTS of people who file for a new TN when their employer filed an I-140 for their job.

Make sure you understand all your options before quitting like suggested above.

Talk to a lawyer.

I'm not planning on quitting my job! But we have a wedding planned for Sept. I'm renewing my TN in Aug so I can still work and then I guess I will wait awhile before I apply for the GC? ( Since the dates are so close)

 
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