Pursuing TN while I-129F petition pending

[cjblack 0]

Greetings, and thanks in advance for your advice.

I (USC) sent off our I-129F package in April and based on current processing times expect it to be approved in September. In May, my fiancee (Canadian) graduated from university with an industrial design degree and is now looking for a job in the US that may sponsor her on a TN visa.

If she finds a company to hire her on a TN visa before NOA2, will the I-129F petition cause problems with the TN? Or vice versa? Not quite sure whether to encourage her to find a job asap, or to advise her to just wait until we get the K1 at this point.

[joeyjoey 1]

Greetings, and thanks in advance for your advice.

I (USC) sent off our I-129F package in April and based on current processing times expect it to be approved in September. In May, my fiancee (Canadian) graduated from university with an industrial design degree and is now looking for a job in the US that may sponsor her on a TN visa.

If she finds a company to hire her on a TN visa before NOA2, will the I-129F petition cause problems with the TN? Or vice versa? Not quite sure whether to encourage her to find a job asap, or to advise her to just wait until we get the K1 at this point.

Anytime you have multiple Visa applications happening at the same time, you are stoking the fire for issues at USCIS. Since a K-1 is already in progress, the discovery that another Visa is also underway could make USCIS think that she is doing anything to get into the US for work and that maybe marriage is not her priority. Of course, all that depends on the person reviewing your case(s) who wll sit in judgement. They could just as easily see it in a positive light as well.

Since September is only 2 months away, an approved K-1 would result in absolutely no need for her to have a TN Visa anyway. Since we never know who we get at USCIS to adjudicate our case, I would let the K-1 run its course. No need to add risks or delays (or rejection) to the K-1 process.

[cjblack 0]

Since September is only 2 months away, an approved K-1 would result in absolutely no need for her to have a TN Visa anyway. Since we never know who we get at USCIS to adjudicate our case, I would let the K-1 run its course. No need to add risks or delays (or rejection) to the K-1 process.

Thanks, I guess the thing is.. September is when the petition would hopefully get approved. It may not be until November or December when we get our interview and (fingers crossed) visa. Then another 30-60 days for EAD. That would put us into February 2010. Alternatively, if she gets a job offer in the US, she can basically get the TN visa immediately (after which I BELIEVE we can get married and file for AOS - please correct me if I'm wrong).

Seems like a bit of a grey area, would appreciate any guidance at all. We definitely would prefer to have her living and working in the USA now if we can (obviously).

[Jauque 1]

The issue with that is that entering the US with intention to marry and AOS is immigration fraud. The chances of her getting an approved TN with a K-1 pending is minimal at best. In 5 years is it really going to matter that it took 3 more months over the TN for her to get to the US and be able to work there?

Perhaps she should look into getting a temporary job in Canada something to keep her time occupied while you wait this process out. I would think the potential to sully her immigration record would be worth waiting the 3 months.