TN Visa while waiting for K-1 Fiance Visa (merged)

[mhaines 0]

Hi all,

Does anyone know what the chances of having a TN visa approved while waiting for the K-1 to be processed are?

I am wondering if anyone can help me. I am Canadian and my American fiance and I have just sent in our K-1 1-129 F documents package (March 2, 2015). I will be graduating from my masters in Library Studies in April and am eligible for the TN Visa under the NAFTA agreement. I would love to be able to move to the States, and work before November, which is likely how long I will need to wait to have the K-1 approved, marry in the US and adjust my status so that I can begin looking for work legally in the US.

I understand that the non-immigrant intent of the TN is crucial, but I have found mixed answers on the topic. As far as I understand it, the pending K-1 is not a deal breaker for the TN?

Your thoughts/advice are much appreciated!

Thanks!

[mhaines 0]

Can I apply for a TN Visa while waiting for my K-1 Fiance application to go through?

I am from Canada, and will be graduating from a Masters program in April, making me eligible for the TN. However, my partner and I have just submitted out K-1 I-129 F document package.

Any advice much appreciated! !

[Ambitious_adee 8]

Can I apply for a TN Visa while waiting for my K-1 Fiance application to go through?

I am from Canada, and will be graduating from a Masters program in April, making me eligible for the TN. However, my partner and I have just submitted out K-1 I-129 F document package.

Any advice much appreciated! !

Hey I was in the same boat. I was already on TN visa (but at the tail end of my visa) when the question of applying for 1-129 arose. I would apply for TN first... wait 60 days... then apply for I -130. It is harder getting a TN visa while your K1 petition is being processed. I however decided to finish my TN come back to Canada and then apply for I -129. It took exactly 6 months. for me from the time i applied to the point I had my visa in my hand. you can call uscis help line.. they are very helpful in such situations. Atleast they were to me.

Edit: If you have already applied for I -129 then I would wait till I get K1 and come here and have a work permit. you are def looking at least 9 months from now to be able to work. Just my opinion. Any one else should chime in

Edited March 5, 2016 by Ambitious_adee

[mhaines 0]

Hi Ambitious,

Thanks for this. I guess I will wait and see. 6 months would be fine as we are hoping to be in the US by September. Any longer and I will begin to worry about being out of work for too long. Ideally, I could leave the TN out of the picture and move forward with the K-1 in a reasonable amount of time...Seems like the least complicated option.

If I did end up applying for the TN, I would definitely return to Canada and re-enter to marry at a later date.

[Ambitious_adee 8]

i wish you the best

[mhaines 0]

Thank you!

I see you are also a Canadian who went to California. Thats our plan

[JFH 12,190]

November? Your K-1 is extremely likely to be processed much quicker than that. I haven't looked at statistics for Canada but the UK folks doing K-1s at the moment are going from sending the I-129F to visa in hand in around 100 days. Would imagine Canada is on a similar timescale.