TN visa expiring during EAD/AP approval...

[mnham 0]

Hi all,

Just found this forum and it's been incredibly helpful as my wife and I are putting our AOS package together.

I'm Canadian and have been working in the US for the past 5 yrs on a TN visa. Just got married to a USC late May and are looking to file for AOS. We should have our package ready to go by the end of week (July 15th). However, I have a good friend getting married back in Canada on Sep 24th, and we'd like to attend. From the various posts i've read, it appears the EAD/AP approval takes approx 80 days. If we send the package by July 15th, that leaves approx 68 days or so until we have to travel for the wedding...this is really cutting it close.

Therefore, I'm thinking its better to hold off on filing for AOS until we return from said wedding. However, my TN expires Dec 13th. So if we file immediately upon our return (Sep 25th), this leaves approx 80 days until my visa expires. Would this be a better route to go? In the event the EAD approval drags out past Dec 13th, will i still be legally able to work?

I really don't want to miss the wedding as he's one of my best friends, but it could get really complicated if i'm not able to work...

Any help would greatly be appreciated.

Thanks,

Micheal

[Manzan76 6]

If you want to attend the wedding, I think you should file immediately upon return in Sept. My EAD from TN took 78 days, so you should be fine. You would not be allowed to work after your TN expires if you don't have EAD.

Is renewing the TN for one more year an option during your trip to Canada? Otherwise you could use vacation if your TN expires while waiting for the EAD.

Good luck!

[stevenjuniper 0]

I would suggest going to the wedding and then applying for AOS/EAD/AP once you're back in the States.

I have 88 days and waiting on my EAD/AP from AOS. I submitted an expedite request based on a job offer 11 days ago and haven't heard anything. Not much of an expedite really.

If you can miss the wedding then I would suggest applying now and if you happen to be one of the lucky ones who get approved quickly, then go.

[Mollie09 1,543]

Isn't TN a non-dual intent visa?

You might not be allowed back in in September because you will have immigrant intent.

[Mollie09 1,543]

Actually, let me rephrase that: you cannot enter on a TN with the intention to file AOS, that's visa fraud. TN is non-immigrant only without dual intent, so you cannot use your TN to enter the US with the intent of adjusting and staying.

File AOS now and wait for AP and risk missing the wedding, or go back to Canada and file for a spousal visa.

[aaron2020 11,651]

A TN is not a dual intent visa.

It's immigration fraud to enter the US on a TN visa with the intent to immigrate. Advising him to do this is a TOS violation.

http://www.hooyou.com/tn/limitations.html

Michael,

You will have to file and hope that your AP comes back in time.

You can not use your TN visa to enter the US with the intent to immigrate.

Best of luck.

Edited July 11, 2016 by aaron2020

[Ksenia_O 696]

I would suggest going to the wedding and then applying for AOS/EAD/AP once you're back in the States.

I have 88 days and waiting on my EAD/AP from AOS. I submitted an expedite request based on a job offer 11 days ago and haven't heard anything. Not much of an expedite really.

If you can miss the wedding then I would suggest applying now and if you happen to be one of the lucky ones who get approved quickly, then go.

If you still have a pending job offer, call them again and put another request to expedite.

It happened to me as well - have never heard anything back when I tried to expedite my EAD first time. After two weeks of wait I called again to put the second request. I got another Referral #, and next morning I received the following letter via e-mail:

"Type of service requested:

-- Expedite

The status of this service request is:

Upon receipt of your request for expeditious handling, your case was reviewed and a determination was made that we need additional information to make a decision regarding your request. Please fax proof of your financial loss, such as proof of a pending job offer, to the following number: 123-456-7890, Attn: XXXXXXXXXX. Please include this notice with your fax. Documents should be submitted with an official letterhead"

My son received the same letter within 5 days, just via regular mail.

I faxed my pending job offer along with a Cover Letter, where I explained why it could be my financial loss.

It took 2 weeks for both, my son and me, to receive our EAD after placing the requests (the second ones) to expedite. It was worth it. At least it doesn't hurt to try again.

Good luck!

Edited July 11, 2016 by Ksenia_O

[aaron2020 11,651]

Filing another expedite request after 11 days is not going to make it any faster.

Edited July 11, 2016 by aaron2020

[Ksenia_O 696]

Talking about another request I meant to start over - first request most likely just didn't work.

[mnham 0]

Thank you all for the helpful responses.

In regards to comments about potential "fraud" and TOS violation, I understand the underlying legality of the issue. But isn't this just a matter of semantics? If i were to return from the wedding in Sep, technically i would STILL be coming in for work purposes NOT with the intent to marry - just like i did every time I entered the US for the past 5yrs. I never intended to fall in love with an American and marry her...such is life.

What differentiates entering the US in Sep as married couple and filing AOS as opposed to entering the US in Apr as an engaged couple, getting married in May, and filing AOS in June? I guess my point is, I'm here in America because of my job. Getting married and filing for AOS is a byproduct of that...it was never the end goal.

[aaron2020 11,651]

Thank you all for the helpful responses.

In regards to comments about potential "fraud" and TOS violation, I understand the underlying legality of the issue. But isn't this just a matter of semantics? If i were to return from the wedding in Sep, technically i would STILL be coming in for work purposes NOT with the intent to marry - just like i did every time I entered the US for the past 5yrs. I never intended to fall in love with an American and marry her...such is life.

What differentiates entering the US in Sep as married couple and filing AOS as opposed to entering the US in Apr as an engaged couple, getting married in May, and filing AOS in June? I guess my point is, I'm here in America because of my job. Getting married and filing for AOS is a byproduct of that...it was never the end goal.

It's not a matter of semantics. You already have the intent to immigrate.

If you think it's semantics, then tell CBP that you intend to marry and file for an adjustment of status once they let you in on the TN visa (since you have already stated that's your intent). You can try to hide this fact if you want. Your life. Your choice.

Is attending your friend's wedding worth the risk?

[Mollie09 1,543]

Thank you all for the helpful responses.

In regards to comments about potential "fraud" and TOS violation, I understand the underlying legality of the issue. But isn't this just a matter of semantics? If i were to return from the wedding in Sep, technically i would STILL be coming in for work purposes NOT with the intent to marry - just like i did every time I entered the US for the past 5yrs. I never intended to fall in love with an American and marry her...such is life.

What differentiates entering the US in Sep as married couple and filing AOS as opposed to entering the US in Apr as an engaged couple, getting married in May, and filing AOS in June? I guess my point is, I'm here in America because of my job. Getting married and filing for AOS is a byproduct of that...it was never the end goal.

Whether or not you'd be coming back to work is meaningless. If you were truly coming in as a TN, you would have no intention to immigrate, as you are coming in as a non-immigrant. Since you are intending to immigrate, you can't use a non-immigrant visa, that's fraud.

Every time you enter the US, your intent is scrutinized at the border. If you stay in the country and AOS, it doesn't matter. If you leave and try to enter again, knowing you no longer have non-immigrant intent but using a non-immigrant visa is fraud.

[lkerky 25]

Thank you all for the helpful responses.

In regards to comments about potential "fraud" and TOS violation, I understand the underlying legality of the issue. But isn't this just a matter of semantics? If i were to return from the wedding in Sep, technically i would STILL be coming in for work purposes NOT with the intent to marry - just like i did every time I entered the US for the past 5yrs. I never intended to fall in love with an American and marry her...such is life.

What differentiates entering the US in Sep as married couple and filing AOS as opposed to entering the US in Apr as an engaged couple, getting married in May, and filing AOS in June? I guess my point is, I'm here in America because of my job. Getting married and filing for AOS is a byproduct of that...it was never the end goal.

It doesn't matter if it wasn't your end goal in the beginning but you have clearly stated it is your end goal now. If working is the goal then will you be leaving when it expires? If the answer is no, it is immigration fraud. Your intent is to immigrate.

Is the wedding worth the risk of being denied entry and having to wait out a spousal visa? This takes about a year.

I never intended to fall in love with an American either..

[mnham 0]

I think the key word here is "intent". It's such a vague term. If you came in on a TN, got married to a USC, and were openly discussing whether or not to relocate as a family back to Canada or remain in the US is that considered "intent"? You were discussing it, thought about it, and let's say you hadn't made up your mind yet. You leave the US on a trip, re-enter on a TN even though you had discussed filing for AOS, is that "fraud"?

To have something so important such as immigration hinging on ambiguous term like "intent" seems ludicrous to me.

[Ryan H 3,810]

***Two posts violating the below quoted provision of the TOS removed along with one post quoting. Additional action will be taken against posters if this provision is violated again.***

By way of example, and not as a limitation, you agree that when using the Service, you will not:

• Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

Edited July 13, 2016 by Ryan H