TN visa possible on overstay?

[iknowhowtosing 0]

Can I get a TN visa (Canadian) or really can a company apply for a TN visa for me if I stay beyond the 6 months allowed in California? though an I-94 slip was never issued/placed in my passport? I’m trying not to leave and come back as I’m getting married (she’s American living here in Cali) in 3-4 months here; been here 5 months now. I came here to visit a few friends (wasn’t even planning to come to LA; was only visiting family up North but long story I metup with a friend and he talked me into driving down to LA lol). Anyway plan was to head back about 3 months ago but I met her and she’s been the sole purpose of my stay.

I’ve been told that I’m not supposed to look for work while I’m on a B visa, and I haven’t so far. But either way, if I get a job offer or overstay until I get married in 3-4 months I would then need to look for work. So I don’t understand as if I start looking for work now I wouldn’t be able to work until I have a work permit anyway. So how would it benefit anyone if I look now or then; it’ll just throwing me back a few months (and throwing back the taxes I pay here). I don’t know how big of a deal this is tho…

Also, this way I think I’ll be okay to stay here for a year or two (if I get a TN job offer) as we plan to move to Canada in that time frame as I have an apartment there. This way we wouldn’t have to deal with all this paperwork and interviews and can leave it for later if we decide to move back here right??

Thank you beforehand for your help.

[Casprd 167]

If I understand your post correctly you are asking for advice on how to get around (at least temporarily) the spousal immigration system. Just overstaying and getting married won't allow you to work. You would still have to adjust status so you are looking at a lengthy time where you wouldn't be able to legally work. Not to mention coming on a tourist or B visa with the perceived intention of getting married and staying even for just a couple of years is still immigration fraud and opening yourself up to a whole mess of trouble later. Even though you met her on this trip, you have to consider how it will appear from the perspective of the IO.

There is really no good way to short cut the system without risking bans and other down the road problems especially if you are planning on someday later coming back. Everything that happens now will be available for CBE to see later and it will be a problem then. Maybe someone else will know an easier way to do things, but advice is to be extremely careful and always consider how it looks to the IO. They don't have all the inside knowledge that you have so things can appear quite differently to them.

[Harsh_77 718]

They did not put i-94 in your passport, but I am sure they have entered your passport number in their system and when you exit the country same passport number is put in the system as your exit date.

Which can easily calculate how many day you have lived in US, once you over stay your allowable period you cannot transfer to other visa in your case TN as you would be out of status when you file for TN.

Even after you get married it takes anywhere from 5-8 months to get your GC which can let you work legally.

So if you are planning to only live in US for 2-3 years and then return to CA, then I would suggest you return back to CA, then you applying for TN or filing aos based on your marriage does not make sense.

Coz most process would take 5-8 months for completion.

[Dakine10 5,452]

Can I get a TN visa (Canadian) or really can a company apply for a TN visa for me if I stay beyond the 6 months allowed in California? though an I-94 slip was never issued/placed in my passport? I’m trying not to leave and come back as I’m getting married (she’s American living here in Cali) in 3-4 months here; been here 5 months now. I came here to visit a few friends (wasn’t even planning to come to LA; was only visiting family up North but long story I metup with a friend and he talked me into driving down to LA lol). Anyway plan was to head back about 3 months ago but I met her and she’s been the sole purpose of my stay.

I’ve been told that I’m not supposed to look for work while I’m on a B visa, and I haven’t so far. But either way, if I get a job offer or overstay until I get married in 3-4 months I would then need to look for work. So I don’t understand as if I start looking for work now I wouldn’t be able to work until I have a work permit anyway. So how would it benefit anyone if I look now or then; it’ll just throwing me back a few months (and throwing back the taxes I pay here). I don’t know how big of a deal this is tho…

Also, this way I think I’ll be okay to stay here for a year or two (if I get a TN job offer) as we plan to move to Canada in that time frame as I have an apartment there. This way we wouldn’t have to deal with all this paperwork and interviews and can leave it for later if we decide to move back here right??

Thank you beforehand for your help.

If you overstay, you won't be able to apply for a Tn from in the USA. You must be in status to get a Tn approved this way. You would have to apply at the border, but you would also be at risk of not being approved for a Tn at the border because of the overstay, in which case you would be stuck in Canada.

Keep in mind the regular processing time for the I-129 (for Tn) is at least 2 months right now (unless you pay $1200 for premium processing). Your best option would be to apply for a Tn at the border before you overstay. Otherwise it won't work. You are right about not looking for jobs, but it's OK if you happen to find one incidentally.