TN to H1B & marriage

[IHeartMountains 0]

I have a seemingly unique situation: I want to marry my USC boyfriend, but don't actually want to apply for a green card (I don't need one to work - they'll actually pay for one when I'm eligible, so why pay for it myself now) - and I need to figure out how to do it legally...

1. I'm currently in the US on TN status (I'm a Canadian citizen)

2. I have a great job offer, that will come with an H1B (the type that doesn't require an April 1 submission and is guaranteed - academic job)

3. There's a two month gap between the end of my current TN and the expected start of the new job (ie, expected H1B start)

4. Ideally, I want to get married two weeks before my TN expires

I have three options to fill the two months between TN expiry and new job w/ H1B:

a) renew my TN by mail to continue working part-time June and July (I fully understand that I can't apply for this when married, so would have to apply for it early by mail)

b) negotiate with my new employer to start my position two months early

c) leave the country for two months between TN expiry and new job (low on my list of desirability)

[ or (d) ???something I haven't thought of??? ]

Let me emphasize that I don't need a green card by marriage, and certainly don't want to pay for it - especially as my new employer will do that in a few years. I appreciate that this is a ridiculously luxurious position to be in - but that doesn't mean there aren't some legalities!

So I have some questions!

i) Is there anything stopping me from getting an H1B if I'm married before my new job starts?

ii) Does anyone know of a way to stay in the US on a TN past expiry without getting into trouble? I'm not planning on working, but want to be able to live with my boyfriend/fiancee/husband.

iii) Any problems for my H1B with extending my TN before getting married?

iv) Do I have to re-enter the US to activate my H1B, or can I go through an AOS between TN and H1B?

Any other advice would be much appreciate. Thank you!

(And if this post is in the wrong place, please move it or let me know - I figured it was Employment-related, but wasn't sure...)

[nickbits 43]

You realize that a GC through work can take YEARS while through marriage takes months?

Maybe ask your employer to give you the money to file for the marriage GC? It will cost them less overall.

[Inky 1,111]

Get married on the TN, file for AOS. Get your green card. Take your job already having a green card. Save your new company money AND time. Save yourself time.

[IHeartMountains 0]

Thanks for the ideas - unfortunately there's not necessarily enough time between when I return from an international trip and the start of a new job to apply for a green card and be guaranteed to get the employment authorization in time - so I would have to put in a clause that I might start late pending work authorization, which the new employers will not be happy about.

But I like the idea of asking the new employer to chip in for the marriage green card as it will save them money down the line...

[canadian_wife 1,823]

I highly doubt your new employer will chip in for your green card based on marriage. However you can always ask

I agree, marry now and apply for your AOS. Don't waste your employers money if you qualify based on marriage vs. work. Besides, how happy would they be if they found that out?!?!?

Good luck

[missyouhoney 1]

1.U r a very lucky lady, i mean: job and love at the same time, congratz!

2.Ur company must be very sure about the future if they are planning to have u with them for such a long time.

3.In regards to ur question, i think that people here have given you very good answers.