AOS Submittal When TN Visa Expires In 4 Weeks?

[SoCal-Canuck 0]

My wife and I have been married since 11-2008 after 8 years of courtship. I was delayed from applying for my green card by factors outside my control and of course, some procrastination. I have everything I need now but my TN expires in 4 weeks from today. Should I have my company file an I-129 or should I submit my I-130 and AOS? I do not want to risk leaving the country only to be not permitted to return as we are now expecting a baby girl in October.

Thanks for your help,

Warren.

[Krikit 1,164]

Welcome to VJ and congratulations on the upcoming birth. I am moving your thread to the AOS From Other Visas forum, where you will find a lot of knowledgeable people in the same situation.

[warlord 73]

My wife and I have been married since 11-2008 after 8 years of courtship. I was delayed from applying for my green card by factors outside my control and of course, some procrastination. I have everything I need now but my TN expires in 4 weeks from today. Should I have my company file an I-129 or should I submit my I-130 and AOS? I do not want to risk leaving the country only to be not permitted to return as we are now expecting a baby girl in October.

Thanks for your help,

Warren.

Well since you are now married you cannot get another TN without risking serious problems. What you needed to do is get your new TN first, then get married and file for AOS. This way it would give you 1-3 years on a TN to wait around for the EAD to show up. Right now your only course is to file the AOS ASAP and pray that the EAD comes in soon. Don't bet on it comming in though on time. Mine for example came in about a month, but most people are saying now 1-6 months can be expected.

And you are correct, you can no longer leave until you get the AP document or you could very easily risk not being allowed back in.

You may have to notify your work and let them know there is a good chance you will be out of status and may have to be non-working for a time until that EAD comes in.

Some people will suggest applying for a new TN still. The issue is you cannot do that if you filed your AOS period. Secondly if you apply before your AOS you risk still having issues as you are now married to a USC and are no longer considered temporary. So except denial on that part too. And we all know what lying to the INS can do (if you decide to leave out that you are married and play naive etc).

So yeah, unfortunatly your timing was really bad for getting married and realistically there isn't much you can do but just file and hope the EAD comes in fast...

[Phil80 0]

Well since you are now married you cannot get another TN without risking serious problems. What you needed to do is get your new TN first, then get married and file for AOS. This way it would give you 1-3 years on a TN to wait around for the EAD to show up. Right now your only course is to file the AOS ASAP and pray that the EAD comes in soon. Don't bet on it comming in though on time. Mine for example came in about a month, but most people are saying now 1-6 months can be expected.

And you are correct, you can no longer leave until you get the AP document or you could very easily risk not being allowed back in.

You may have to notify your work and let them know there is a good chance you will be out of status and may have to be non-working for a time until that EAD comes in.

Some people will suggest applying for a new TN still. The issue is you cannot do that if you filed your AOS period. Secondly if you apply before your AOS you risk still having issues as you are now married to a USC and are no longer considered temporary. So except denial on that part too. And we all know what lying to the INS can do (if you decide to leave out that you are married and play naive etc).

So yeah, unfortunatly your timing was really bad for getting married and realistically there isn't much you can do but just file and hope the EAD comes in fast...

This is pretty much spot on. Apply ASAP for AOS.

It's easier to go the spouse route for a TN-1 than employment. I actually just submitted (well, in april) all my paper work and I can walk you through what to put for a TN visa. Just PM or email me because trust me it sucks and you don't find much information on these forums wrt TN visas.

Once you apply for AOS your TN-1 status (its a status not a visa, so you don't have a visa number) becomes pending. Your TN-1 status is still valid unless you leave the country, but this has always been the case. My recommendation to you is this:

1) Check to see you have all your paperwork ready (passports, I-94, TN-1 stamp, birth certificates etc)

2) Go to Costco and get 8 passport photos taken. 6 for the package, 2 for emergency

3) Go to city-hall and 3 copies of marriage license

4) Get together Bills/Photos/Joint Bank Account Statements

5) Find a *cheap* doctor in the area to perform your I-693 (this is a pain, go to USCIS website, find every doctor in your area and call them all to get the rates, make sure you ask if it includes vaccinations or not, sometimes the price they quote doesn't include the vaccinations).

Once you get everything together mail the package priority mail with USPS and get digital and mailed signed verification. If you're lucky in about a month you'll get your EAD and you'll be golden.

Seriously though, if you have questions or are confused about how to fill in the paperwork get ahold of me and I'll help you out, these forums aren't always that clear when it comes to TN-1 status and adjustment.

[audreybella 0]

I am also a TN'er. I went through all that fun paperwork and waiting. I have my green card interview on July 9th. I know what you are going through. Pm' me and ill help you out!

[SoCal-Canuck 0]

File I-130 and I-485, then you will maintain your status.

My understanding is that if I file the I-130 & AOS, once my TN visa expires I am ineligible for work in the US until I receive employment authorization documents which could take as little as 30 days or as long as 90 days.

Can someone please verify that this is the case? I'm getting nervous here that I may have to quit my job of 10 years as they cannot have no one employed in my position for an extended period of time.

A lawyer has recommended that my company file an I-129 for extension of stay. Is there any chance that USCIS will know that I am married and deny the I-129 filing?

[metals95 1]

If your work authorization expires (your TN) you cannot work in the USA, until you get new work authorization (TN or EAD).

If your lawyer is giving you advice about what to do, that is your business whether to follow it or not. I do not think that anyone can tell you exactly what the government knows or does not know regarding your marriage.

It's your call what to do, you have professional advice from a lawyer.