Suggested course of action w.r.t visa types?

[Dhawken 0]

Hello all, first post for this newbie!

I've got a bit of a basic question along the lines of "what would be the recommended way to do this?". I've read some of the FAQs and Guides (awesome btw); they are really good in telling me what to do once we know what direction we should be going, but I'm still a bit in the dark as to what we SHOULD be doing.

Our situation is: I'm a Canadian residing in the US on a TN work visa. I have been here on these visas for approaching 5 years. My fiance is a US citizen. We are planning on getting hitched up this summer. I'm thinking the location of our marriage shouldn't matter too much, but is that really the case? (married here or in Canada?) . Because I am allowed to be here and be working on a separate visa, do we qualify for the I-130? Is it worthwhile to file the K1 fiance visa to get any waiting periods started for AOS after we are married? Or should we wait until after the wedding and do the K3 thing?

I'm not sure why I'm so confused - this must happen all the time to folks right?

Thank you very much! And of course, feel free to give me the RTFM if there's something i should be reading!

Daryl

[bebop + rocksteady 0]

Start here: http://www.visajourney.com/forums/index.ph...mp;page=compare

Good luck!

Cass (bebop the great)

[Dhawken 0]

Start here: http://www.visajourney.com/forums/index.ph...mp;page=compare

Good luck!

Cass (bebop the great)

I did check that one out previously - perhaps I'm confused. I'm able to enter and work in the US currently, and have an SSN. It seemed like the pros and cons of all of the options were based on ease/time of getting entry and work allowance. Does the existence of those things already on my current visa have any impact in the approach?

I currently don't see what filing the K1 does for me, unless it is going to start some kind of waiting period earlier? We would have to be married within 90 days of filing, and it mandates coming to the US and being married correct?

So that leaves the DCF, the IR1/CR1, and the K3 seems like. Am I allowed to stay here under my other visa while the applications for these are going on?

Thanks!

[Kathryn41 3,205]

From the sounds of things, since you are already legally in the US on the TN visa, the best approach may be to marry your US fiance in the US and then apply for AOS from within the country. I am not familiar enough with the TN visa to know whether you are allowed to adjust your status from such a visa through marriage or not, so a consultation with a knowledgeable immigration lawyer may be of use (or else someone like Zyggy might also know). The purpose of the K-1 and K-3 visas are to allow you permission to enter the country either as a fiance and marry within 90 days, or as a spouse, and then apply to adjust status once you are legally in the country. Since you are legally here now, neither a K-1 or a K-3 seem to be necessary. Please correct me someone if I am wrong - it would hinge on any restrictions or conditions preventing AOS imposed by the TN visa, I believe, and I don't know if there are any that would affect this course of action.

[Dhawken 0]

Yes, i've read about that approach in a few places now. That may be the way to go. Complicating matters is our preferred marriage time frame (this summer) and my TN renewal in April. It seems that I could be construed as fraudulantly applying for a non-immigrant visa (TN) while engaged with intent to immigrate. The strict reading of the TN rules show that this is definitely not allowed (dual intent not applying to TNs), but also that some POEs don't care about that part when doing the TN renewal at the border. Looking back, i have never been asked any questions remotely related to immigration or status in the US during one of the TN application processes.

Still, the penalty for not following the rules in that case is too severe to contemplate, so I want to have all the ducks in a row. Maybe we should just get hitched up and start the procedure? Will I be able to work?

[misa 2]

I know I have seen at least one Canadian on here (can't remember who) that was on a TN visa for a number of years, married and then... not sure what they filed, but they got a green card. Sorry, that probably wasn't that helpful!

[Reba 2]

Ask the lawyer at the company you're working for who sponsors your TN. They should have that information there or should at least know where to go to help you find it.

Or go to the courthouse now get married and file the adjustment of status. But I'm not sure if that will allow you a work permit once your TN expires, because once you're married and have applied to adjust I don't think you're eligible for the TN anymore.

Check the processing times at your local district office, and with whichever service centre they have I-130s going to these days if its not your district office.

[JenT 0]

Congratulations on your engagement! I would concur with Kathyrn re: her advice to consult an immigration attorney outside your place of work. You may raise some red flags with your employer re: your ability to continue your employment, so I would collect your facts first and then decide what to do. An Imm atty is the best place to start.

Best wishes!

Jen

[misa 2]

BTW, this is the guy who was on a TN visa for a number of years, got married and adjusted status:

http://www.visajourney.com/forums/index.php?showuser=15576 (look at his signature)

And yes, consult an immigration attorney.

Edited January 28, 2007 by misa

[zyggy 9]

BTW, this is the guy who was on a TN visa for a number of years, got married and adjusted status:

http://www.visajourney.com/forums/index.php?showuser=15576 (look at his signature)

And yes, consult an immigration attorney.

A TN status is much like a B status but with work and stay privileges... it is not a dual intent status like a H status.

Once you get married on a TN status, that status is cancelled... you cannot reenter the US with it because immigrant intent provisions apply... Also the provisions with regard to immigrant intent while adjusting your status is the same as it would be for a B visa. That is that you did not have immigrant intent at the time that you applied for the status... (which appears would be the case for you if you are renewing in April)

Once you are married to a USC, you can no longer renew the TN status as you now have immigrant intent...

So you can adjust your status while in the US on a TN status, but once you are married, you have to file for AOS and are subject to the same rules as a adjustment applicant with respect to work and reentry to the US... You technically are not work authorized unitl you get an EAD (but I doubt anyone would call you on that), and you are subject to the same travel restrictions (you need AP to reenter the US)...

Edited February 5, 2007 by zyggy