On A TN VISA and want to get married...

[caligirlnow 0]

Hi all,

so I am here on a TN visa, but have met a wonderful man and we want to get married. So what the heck do I do? I dont want to mess up my TN cause I absolutely LOVE my job...but love him too???

My TN expires in april 2008? And I am planning to renew it

Any suggestions? I want to do things properly but cant/dont want to leave the US

HELP!!

hugs

Canuck in Cali

[meauxna 15]

A TN is not a dual-intent status. You can adjust your status while in the US, but you will have to follow the rules for your TN until you get separate EAD based on your marriage-based application. You should not plan on leaving the US just yet; be sure you understand the potential consequences if you do.

A consultation with an immigration attorney fammiliar with your type of visa/status is *always* a good idea when the beneficiary has an immigration history (you do).

[caligirlnow 0]

A TN is not a dual-intent status. You can adjust your status while in the US, but you will have to follow the rules for your TN until you get separate EAD based on your marriage-based application. You should not plan on leaving the US just yet; be sure you understand the potential consequences if you do.

A consultation with an immigration attorney fammiliar with your type of visa/status is *always* a good idea when the beneficiary has an immigration history (you do).

Thank you!!! I will contact an attorney, the attorney that did my visa paperwork was very efficient and not too expensive, thanks for the advice.

By the way are you greek? I am also Greek!

Gia Sou!

[meauxna 15]

A TN is not a dual-intent status. You can adjust your status while in the US, but you will have to follow the rules for your TN until you get separate EAD based on your marriage-based application. You should not plan on leaving the US just yet; be sure you understand the potential consequences if you do.

A consultation with an immigration attorney fammiliar with your type of visa/status is *always* a good idea when the beneficiary has an immigration history (you do).

Thank you!!! I will contact an attorney, the attorney that did my visa paperwork was very efficient and not too expensive, thanks for the advice.

By the way are you greek? I am also Greek!

Gia Sou!

No, not Greek, but we were living there when we immigrated my husband to the US. I miss it a lot some days (like the cloudy ones...)

The Greek-Canadians are always the nicest.

Best wishes for a fast and easy AOS.. check the Guides and FAQ stuff here related to Adjustment of Status if you want some background info before your lawyer meeting.

Yia!

[Not Available 0]

The Greek-Canadians are always the nicest.

Why thank you

I agree, read the FAQ'd and guides, then seek the help of an attourney

[meauxna 15]

The Greek-Canadians are always the nicest.

Why thank you

I agree, read the FAQ'd and guides, then seek the help of an attourney

I thought you were gorgeous for some reason!

Now I know for sure!

[CanadianEd 0]

Hi all,

so I am here on a TN visa, but have met a wonderful man and we want to get married. So what the heck do I do? I dont want to mess up my TN cause I absolutely LOVE my job...but love him too???

My TN expires in april 2008? And I am planning to renew it

Any suggestions? I want to do things properly but cant/dont want to leave the US

HELP!!

hugs

Canuck in Cali

I'm here on a TN-1 Visa also. I used an attny to assist with paperwork and consult with throughout the process. He didn't think it was much of a problem to be go from TN-1 to Permanent Resident. Just needed to be aware of the dual intent issues. and file for EAD BEFORE the TN-1 expired. If the TN-1 expired BEFORE you get your EAD, you will need to get off the payroll of your employer. Otherwise, you will be in violation. After you get your EAD, you are not limited to the rules of the TN-1 anymore.

I hope that helps. But talk to your lawyer before you trust anything I say.

Question: TN-1 is limited to 1yr terms. How is it that your TN-1 expires in April 2008?

Ed.

[Not Available 0]

The Greek-Canadians are always the nicest.

Why thank you

I agree, read the FAQ'd and guides, then seek the help of an attourney

I thought you were gorgeous for some reason!

Now I know for sure!

Thanks

[cdnchris 0]

Hi all,

so I am here on a TN visa, but have met a wonderful man and we want to get married. So what the heck do I do? I dont want to mess up my TN cause I absolutely LOVE my job...but love him too???

My TN expires in april 2008? And I am planning to renew it

Any suggestions? I want to do things properly but cant/dont want to leave the US

HELP!!

hugs

Canuck in Cali

G'day! Just so you know I'm currently adjusting status while on a TN. Do you mean your TN expires in Apr 2007? A TN is only good for a year.

Some people will say you can't adjust from a TN but nowhere does it say this and many have successfully done so through family based applications (employment based ones are tougher) I didn't do it through a lawyer, but I guess I would still recommend it if you're unsure.

A few suggestions (through my experience, though, and probably shouldn't be taken as fact):

You should probably extend your TN before you get married. I'm not sure how important this is (I still got a TN even though I am married to an American) but they can deny your TN if you are married to an American because they might see that as intent. You can mail in an extension or go to a POE (like you're applying for a whole new one.)

You will probably hear from some people (even lawyers) that your TN is worthless once you apply for AOS. This is NOT true. Your TN is good until the expiry date. After the TN expires you will enter the Pending AOS status and will not be able to work (unless you get an EAD)

Unfortunately, once you apply for AOS you CANNOT renew your TN since you have shown intent to immigrate. There is a 99.9999999999% chance they will deny any extensions on your TN once you've sent in AOS (I don't say 100% because I know 1 person who was able to renew it through dumb luck)

Since you cannot work after your TN expires it is strongly suggested you also apply for an EAD (I-765) with your I-485 for work authorization. This takes about 3 months to get. If you need to travel it's suggested you also apply for an Advance Parole (I-131) document (though see my notes below about using either one before your TN expires.) This can also take 3 months.

You SHOULD send in your AOS forms between 4-6 months BEFORE your TN expires. This should give you enough time to get your EAD (and account for any possible issues like a Request For Evidence) so you can still work (or heck, you might even get your green card.) It's also suggested you wait AT LEAST 90 days after you extend your TN (again, I don't know how important this is, but it has been suggested you do this anytime you adjust status from any type of non-immigrant status. I ended up applying 8 months later, but that's because we originally didn't plan to stay, but changed our minds later and decided to try.)

DO NOT UNDER ANY CIRCUMSTANCES LEAVE THE COUNTRY! You cannot reenter on your TN (even if it's a multiple) after you've sent in for AOS. The POE WILL DENY YOU ENTRY ON THE TN because of your pending AOS (and your AOS will be considered abandoned).

When you receive your EAD you can then switch to it for employment if you wish. An EAD is better than a TN because you can use it for any job and can even take on multiple jobs. Once you use it, though YOU WILL NULLIFY your TN, which isn't really a big deal.

You have to be more careful with an Advance Parole document. An Advance Parole (AP) will (or at least, should) allow you reentry into the country if you leave while your AOS is pending. You should wait until you have your EAD as well, though. To my understanding (and you may want to double-check this) if you use an AP to reenter the country this WILL NULLIFY your TN as well (since you've now entered as a "parolee" or whatever the term is), and you will be unable to work unless you have an EAD. So if you have to travel, I would wait until you have both an AP and an EAD. Just in case, I've just decided not to travel until I get a GC.

[meauxna 15]

Awesome post cdnchris. You said what I would've, if I'd had the personal experience you have.

[cdnchris 0]

Thanks! It's pretty stressful (just because you want to work) but it can be done and thought I would share, because I know I was freaking out when I was just starting.

Another thing I should have mentioned, if you do go to a lawyer MAKE SURE they have a good background and understanding of NAFTA and the TN. Some laywers are scared of the TN status and may recommend things that aren't at all neccessary. Some might say you have to switch to an H1 (even through family based) This isn't the case. A TN can adjust status the same as other non-immigrants, they just have to be more careful with their timing

[CanadianEd 0]

Thanks! It's pretty stressful (just because you want to work) but it can be done and thought I would share, because I know I was freaking out when I was just starting.

Another thing I should have mentioned, if you do go to a lawyer MAKE SURE they have a good background and understanding of NAFTA and the TN. Some laywers are scared of the TN status and may recommend things that aren't at all neccessary. Some might say you have to switch to an H1 (even through family based) This isn't the case. A TN can adjust status the same as other non-immigrants, they just have to be more careful with their timing

...and, switching to an H1 is more money for them.

Ed.

[Dr_LHA 3]

So cdnchris, can you explain why filing for AOS doesn't invalidate the TN visa, given that its not dual-intent?

[cdnchris 0]

So cdnchris, can you explain why filing for AOS doesn't invalidate the TN visa, given that its not dual-intent?

I'll just repeat what attorneys explained to me (and still recommend others research as well.)

It's been explained to me that some non-immigrant statuses actually co-exist with a pending AOS until they expire. To my understanding F1s go through the same thing. Their F1 is still good if they apply for AOS as long as it hasn't expired and they follow the rules of their visa. The TN does the same thing. It co-exists with your pending AOS as long as you do nothing to invalidate it.

I was fully prepared to be out for the count for 3 or more months, but the attorneys, fellow co-workers who have had the same experience (and even did it/are doing it through employment based AOS), my employer, information from other posters on other forums, and the God-of-Immigration-Attorneys-Who-Specialize-in-TN/NAFTA-Cases (Grasmick) all assure one can work on a TN because it's still valid, even with your AOS application sent in, until it expires or you switch to an EAD or break one of the TN "rules" (try for employment at another place, get fired, laid off, quit, work for free, etc.)

[Dr_LHA 3]

Thanks Chris, that's useful information. It makes sense that TN/F-1 visas don't die as soon as you apply for AOS, or at least your authorisation to work/go to school doesn't expire.

I'm assuming however that you can't travel on the TN visa while AOS is processing?