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

[Saddle Bronc 124]

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?

That is true (as someone who actually HAS done TN-1->GC, though by consular process). TN-1 doing AOS must apply for AP and EAD as well.

Also, it is theoretically feasible (though not recommended) to do Consular Processing (CR-1) at Montreal from TN-1 through marriage (the obvious pitfall is if the TN-1 holder wants to travel outside US prior to CR-1 interview at Montreal).

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

You can do marriage (recommended to be done in US, as doing so outside will be highly problematic) and then file AOS package (with EAD and AP) immediately after. For this route, do not leave US till you have AP in hand.

Although it is possible to do Consular Processing (CR-1) at Montreal, it may cause problems if you wish to travel abroad prior to CR-1 interview (though in that case, it is possible to do a TN-1 renewal via mail).

(You could have PM'ed me with your question, as I actually DID a Consular TN-1->GC--employment-based).

[cdnchris 0]

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

It's not at all recommended You need an AP, but using that without an EAD will kill the TN.

[Peter Miami 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

Peter Miami

[meauxna 15]

(You could have PM'ed me with your question, as I actually DID a Consular TN-1->GC--employment-based).

But it's so useful for all of us to get to read it!

[nemu 0]

Visa is being used to enter the country. In the case of non-immigrant intent visa ( such as F1,J1, etc) the basis for visa is invalid, you can not enter the country - entry in the eyes of people who watch is reapplication for entry, or claiming non-immigrant intent upon entry, which a person with pending AOS obviously does not have.

Ability to use status provided by J1,F1 is still not affected - since nothing had been done to violate the status ( AOS does not violate status).

[Dr_LHA 3]

Thanks nemu, this brings up a point I think a lot of people tend to get mixed up with on here, i.e. the difference between having valid visa and having valid status.

[Saddle Bronc 124]

Thanks nemu, this brings up a point I think a lot of people tend to get mixed up with on here, i.e. the difference between having valid visa and having valid status.

Even USCIS (formerly INS) personnel are confused on this question.

In March 1999, I returned to Atlanta (directly) from a one-week trip to London (Gatwick)--on a mail-renewed TN-1 (for practical purposes, my last one). The officer asked me "where's the visa?".

Note: as this TN-1 expired 1999-11-23, a renewal was filed by my then-employer; unfortunately, the one who had to fill the form was rather tardy (the form went out 1999-11-13, and I received an NOA-1 on 1999-11-21). I still did not have the NOA-2 (which would have contained the renewed TN-1 as a tear-off bottom section) as of 1999-12-5, the day before I flew to Montreal for the Consular interview. In that case, I took the risk of flying with only a copy of the NOA-1 as the interview was a be-all-end-all (if I'd failed, I would not have been able to reenter anyway, except to wind-up affairs in US). Hence my comment of "for practical purposes, my last one".

[Dr_LHA 3]

CherryXS, and you managed to get away with that? NOA1's do have printing on them "THIS IS NOT A TRAVEL DOCUMENT" or somesuch.

Edited September 18, 2006 by dr_lha

[Saddle Bronc 124]

CherryXS, and you managed to get away with that? NOA1's do have printing on them "THIS IS NOT A TRAVEL DOCUMENT" or somesuch.

Remember that I did not process through AOS. The NOA-1 was only evidence of remaining in valid staus (to CO's, in-process-limbo counts) if asked at Montreal Consulate (in my case, the CO cursorily examined the Imm Visa App form, and didn't ask for it).

If you misread it as that I used the NOA-1 to re-enter Atlanta from Gatwick in March 1999, I actually had the valid tear-off bottom portion of NOA-2 at that time.

[Dr_LHA 3]

If you misread it as that I used the NOA-1 to re-enter Atlanta from Gatwick in March 1999, I actually had the valid tear-off bottom portion of NOA-2 at that time.

Ah OK. Sorry, you're right, I misread.

However, what is the tear off bit you're talking about?

Do TNs have a tear off "Visa" part? On an H-1B you get two tear off bits, one is the updated I-94, the other some information for your records. Neither of these are valid as a Visa however. I know because a mate of mine tried using his H-1B approval notice as a Visa and got deported for it.