TN...applying in US vs. Consular Processing in Montreal

[Pikesters 0]

My husband is here from Canada on a TN, which is good through September 2012. We were married in January 2011 and were planning to file this month, from here in the U.S., for his Adjustment of Status. I was under the assumption that it would be fine to do this, but the visa lawyer he has used in the past contacted him last week and when my husband told him that we were married in January, he told him that he needed to apply for the green card through the consulate in Montreal. From everything that I had read, consular processing is the route to go if you're currently residing out of the United States. I asked him to clarify the reason, with the lawyer and he received this response this morning.

You are required to return to Canada to apply for your green card because when you received your current TN visa, you represented that you did not intend to stay in the U.S. permanently. By applying for permanent residency while still in the U.S., you will be violating the terms of your visa. That is technically against the law and could cause CIS to deny your green card and order you to leave the U.S. That can get very expensive and very traumatic. Your other option, which I do not recommend, is that we apply for your green card without you returning to Canada. Most people who do that get away with it. However, some people get hassled by CIS and incur a lot more expense than the cost of travel to Canada. I always advise my clients to do it the correct and legal way. I know it sounds a little ridiculous but many of our immigration laws are ridiculous.

Would someone mind leading us in the proper direction?

[Harpa Timsah 13,258]

You can AOS. If you enter on a non-immigrant visa, and then have a change of circumstances, you can file for AOS. Think a student visa holder who finds the love of their life - they can marry and AOS without going through consular processing. What was said years ago (that the student visa holder would eventually return) changed in the years they lived in the US - namely a USC fell in love with him/her and wants him/her to stay.

In your case, consular processing would be needlessly bureaucratic. Presumably he can renew his TN, and live in the US while you would file for the visa, so why force him to go back and forth to Canada while he is residing in the US?

When was the TN issued (though it doesn't matter much anyway)?

[Flames9_RN 358]

PM Warlord, I believe he went that route! As well play around with the search button as it has been discussed in the past. Good luck

[Pikesters 0]

You can AOS. If you enter on a non-immigrant visa, and then have a change of circumstances, you can file for AOS. Think a student visa holder who finds the love of their life - they can marry and AOS without going through consular processing. What was said years ago (that the student visa holder would eventually return) changed in the years they lived in the US - namely a USC fell in love with him/her and wants him/her to stay.

In your case, consular processing would be needlessly bureaucratic. Presumably he can renew his TN, and live in the US while you would file for the visa, so why force him to go back and forth to Canada while he is residing in the US?

When was the TN issued (though it doesn't matter much anyway)?

The TN was renewed in 2010 and issued for two years. He has resided in the U.S. for 11 years now.

[Harpa Timsah 13,258]

The TN was renewed in 2010 and issued for two years. He has resided in the U.S. for 11 years now.

Yeah, the lawyer's advice is just silliness. Your husband has been here long term for work-purposes. I see you found the AOS -other forum; you'll find more advice there. Good luck.