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Filed: Timeline
Posted

My girlfriend currently lives in Canada, and it has been our goal for her to find a job in the US in order to obtain a TN Visa. The information I've read is confusing and doesn't sound promising, so here is my question:

1- She wants to get a job here ASAP, and then we want to get married ASAP. If she finds a job here and gets a TN Visa, how would she still be able to travel back to Canada (in case of family emergencies, visiting family, etc.) and not screw up any of this in the process? Our ideal plan is for her to find a job within the next 2-3 months and then get married next summer (an official ceremony for family.) I don't mind getting married "legally" here in the meantime in order to speed up the process.

2- Is there a better process we should be considering?

Thank you.

Posted

If I am not mistaken, TN visa is not a dual intent visa - so you cannot use a TN visa for your girlfriend to come to the US and marry you with the intention of her remaining permanently in the US and applying for a greencard. I'm not sure if this is your intention, and you don't mention anything about her becoming a permanent resident or getting a GC in your post, but if you plan to live in the US I assume this is your ultimate goal.

If you want her to come to live in the US permanently, you can either get married now and file for the CR-1 spousal visa to bring her over and get her a greencard, or the K-1 fiance visa, if you prefer to not get married quite yet. If she is not currently planning to apply for a greencard and permanent residency in the US, then she can look for a job that qualifies for TN-visa. She doesn't have to volunteer the information of her having an American boyfriend or, when you get married, a husband, but if asked she has to tell the truth. There's always a chance she would be denied the visa and/or entry to the US under the TN, if it was suspected she was planning to use the visa to immigrate.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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