TN / EAD and travel

[nicholas1413 0]

I am a canadian citizen in the US on a TN visa. In July my girlfriend (US citizen) and I got married. I was going to apply for my Green Card right away, but today I was given the opportunity to travel to India for work (just for a couple weeks)in 2 weeks and the again in November. I know that once I apply for the green card I am not supposed to leave the country.

So my questions are:

1- Can I delay applying for my Green Card until I get back from the trip?

2- Can I leave the country with TN status after marriage?

3- Can I leave the country on a TN visa while I am waiting for my EAD?

4- My TN expires start of January. It seems like there is not enough time after the trip to get my Work Authorization (EAD) before my TN expires. If my TN expires a month or so before I get my EAD, Is it that I can stay in the US, but cannot work?

Ugh! I really want to go on this trip. Is there a way?

I appreciate any help you can offer.

[HeatDeath 430]

TN is a non-immigrant status. Marrying a US citizen and adjusting status is only ok because you did not intend to marry, stay, and adjust status when you last entered the US.

Lets say you choose to wait to AOS until after you return from India, a few weeks from now. When you return to the US and approach the PoE, you will be trying to enter on your non-immigrant TN status. That means you will be implicitly promising not to stay and adjust status. Except you WILL be intending to stay and adjust status. Uh oh.

So in answer to question 1: no, I would not delay your AOS until after you return.

2: You can certainly leave the country on TN status after marriage but before AOS. The problem, as described above, is getting back in without implicitly misrepresenting yourself.

3: Again, you can certainly leave. The problem is getting back in. When you leave the US after applying for your AOS/EAD/AP, your application is considered abandoned unless your AP has already been approved. Your AP needs to be approved before you leave, and you need to have the AP document/card in your hand in order to reenter the US. If your AP document is a separate document from your EAD card, you can certainly leave before your EAD arrives, as long as you have your AP document.

4: That sounds about right to me. The work authorization from your TN will expire when your TN status does, but you will still be able to stay in the US, as an AOS applicant. You would definitely be able to work again once the EAD shows up.

I tend to feel that once you've married a USC, your TN is no longer usable to enter the US.

If you had applied for AOS immediately after your marriage, your EAD/AP card would probably have shown up by now, and there would be no problem. As it is, even if you applied for AOS/EAD/AP tomorrow, there is virtually no way you could get an AP approved in time, not for a business trip anyways [they pretty much only expedite AP if you have a dying relative you need to leave the US to visit].

Unfortunately, I don't think there's any way you can take this immediately coming trip without taking a serious risk of denial of reentry or (even if they let you back in) implicitly misrepresenting yourself (and thereby massively complicating or even endangering your upcoming AOS). However, If you apply for AOS very soon there is a very good chance you will have the AP document/card by November. Once you have your AP, that trip will be fine. But I don't think the trip in two weeks can or should happen. Sorry.

Edited August 25, 2011 by HeatDeath

[nicholas1413 0]

HeatDeath...

Damn, you pretty much confirmed what I feared. Thanks so much for taking the time to answer my questions so thoroughly. I guess the complication would arise when I'm applying for my AOS and there is a funky order between my date of marriage, The stamp of India in my passport and the departure date on my TN.

I guess I'm trying to convince myself that there is something that is going to make this work, but it might just be one more cruel side-effect of non-immigrant status.

Thanks again.