Current TN-1, Filed 1-130, planning moving states next 6 months and would be driving through Canada

[Creamsoda1983 7]

I did try to briefly search but I dont think this is too common an occurrence so im just going to ask.

 

I currently work on a TN Visa good untill 2019 (im Canadian), in Alaska. Recently got married to US citizen and filed 1-30 with consular processing last week. Though could have gone the adjustment of status route, there is some inherent risk in that due to the intent with my TN non-immigrant visa etc, so we figured it was best to go the consular way. I can still work in the USA while my 1-130 is processing. So of course our timing is just not super amazing, but we are planning on moving out of state in about 6-7 months. I doubt I will have interviewed by then. Consulted with a lawyer and she said I should be able to visit the US on a visitor visa when we move and waiting for my interview, but now that I think about it, im really not so sure about that. I went to my local immigration office, the officer there told me it is really just up to the patrol officer at the time. Basically I dont want to end up getting refused at the border while we are in the middle of moving from Alaska, driving the Alcan through Canada with a moving trailer and attempting to re-enter the USA.

 

I would have quit my TN visa job and could be potentially refused entry, then would have to just go to my parents in Canada and wait untill the interview with no job, no husband, no dogs and none of my stuff. Its not ideal. I deally I would still have no job, but would be staying with husband awaiting interview. 

 

I have read that it is possible to visit the USA as a tourist but they may require proof that your stay is temporary. And of course it would be, I would never risk getting denied the 1-130 so would absolutely return to Canada if needed, and I would- when either the length of a tourist visa is up, or I go back to interview, but I really have nothing to prove to the CBP thats the case.

I have been living and working in US on TN status for 8 years. I currently live with husband and "rent". I dont have any property/ lease in Canada, no job in Canada. The only "tie" to Canada is my Canadian bank accounts which are virtually empty and my entire blood family does live there. All my banking is in the US.

Would even attempting this be wise or is there probably no chance. Putting my husband in the position to then have to drive the rest of the way himself and unpack himself while I turn around would be bad. 

 

The safest option is for me to stay in AK untill my interview date. I could keep my current job, take 2 weeks of vacation to pack up and drive with him to to our new home, then fly back to Alaska to continue working. If we haven't sold his house here yet, I could still live here, sleep on an air mattress and bike to work and just work almost every day and make some mad cash $$$, its not far. Sleep, eat, work repeat. Or I could stay with my friend and live out of a suitcase to continue to work if it does sell. 

 

Anyway, would love to hear some thoughts on the matter!

[NikLR 13,232]

If you want to change to AOS you can. You should have done this route.  If you do not have a valid TN visa but yet are moving to the USA or another part of it (even if you HAD one) then the CBP would be correct in denying you entry.  You would then be stuck in Canada, yes.

 But staying for 6 months+ without a valid TN status then you risk an overstay and you are still without your stuff, dogs, spouse... (or you are but at 180+days you have a 3 year bar and need a waiver causing MORE money and time.)

The entire process for consular filing is about 14 months right now. 

However, if you change to AOS it would take about 4 months to get your advance parole (if you still have a valid TN you can continue to work until the EAD arrives) then you can move to another state without issues.

Edited November 11, 2017 by NikLR

[Creamsoda1983 7]

Thanks for your reply. Yes now that I'm thinking about it, I think we should have done the adjustment of status route. The lawyer consult initially talked about doing it that way, but then she said we could run into problems because I am currently in the US on a non immigrant visa, so while being here on that and then adjusting status, they are conflicting intents so to speak.

• U.S. immigration officials may allege an applicant committed fraud and deny an AOS application if they believe the applicant had a "preconceived intent" to enter the U.S. under a temporary visa classification (like the B1/B2 visa, F-1 visa, or TN visa) and then remain permanently in the United States by filing an AOS application. See, e.g. In re X (AAO Sept. 7, 2007). 
• U.S. immigration officials may presume an individual misrepresented his/her intent if the individual engaged in conduct contrary to his/her temporary visa e.g. by marrying a U.S. citizen or by filing for AOS within 90 days of entering the U.S. 9 FAM 302.9-4(B)(3).

Basically thats the issue they could see. And we definitely did not do any thing like that, my most recent TN visa was granted 2016, and we just got married in Oct 2017. So I think we would be fine AOS. But I am so worried about doing everything the right way you know? But then I also don't want to be stuck here for 4 months just so I can still work under my current TN. I would never just quit my job and then risk an overstay either. Risking any of that is not worth it over a few months.

 

Since we literally just submitted the 1-130, haven't even got a NOA1 yet, but they have received it, how would I go about AOS? On the 1-130 we checked the box for consular processing so how would we change that.

 

 

[NikLR 13,232]

As soon as you get the NOA1 send the AOS documentation with a copy and a letter stating you are changing to adjustment of status.  They will join up your I-130, I-485, I-131, I-765, and I-864.  

[NikLR 13,232]

People adjust from TN visas all the time.  You didnt enter with intent to aos.  You entered with intent to work and were granted entry.  After that they cannot deny you for intent.  You didnt lie.  You are fine!

[Creamsoda1983 7]

This site has been so helpful, so here goes another question.

 

Filed 1-130 beginning of november, was going to do consular processing, but changed my mind and will do AOS. I have always been admitted legally over the last 8years with a TN visa. The reason decided to switch to AOS was so I could get an EAD and travel permit as we will be moving to a new state in the spring and will have to drive through Alaska/ Canada, then back into the USA and I will then find a new job in a few months. (I'm a nurse, so that won't be hard). If we stuck with consular processing, I likely might have not been allowed to re-enter the US even as a tourist when we move in the spring because of my intent to immigrate obviously and I would be stuck in Canada for months, worst case scenario while waiting for interview. Or I would be stuck here in Alaska continuing to work while he moves to the new state and I could fly back and forth every few weeks if need be as my TN visa is still good. But I REALLY don't want to do either of those options. So was hoping AOS will be faster, and I would get travel and work permit.

 

Ok so my main concern right now is how willl they look at my husbands affidavit of support if we don't interview until after we move or really close when he may have already quit or is looking at quitting. We are building a house in a new state over the winter, and will sell his house here when we move. The thing is we are both planning on taking at least a few months off work. We both just really want time to reboot, live a little less stressful.  3-4 months or so. He is not transferring, he will quit his job when we move.

 

Ok so if we interview and this is in the middle of our time off when we move...aka both unemployed would they just automatically deny it, or will this raise a lot of red flags? We both make a good salary around 120k each, him a bit more. He has a good bit of money in the bank thats easily accessible, stocks, when his house is sold he will have a lot more the bank. We also both have 401K's etc with a good amount. Sorry I'm vague just don't want to give numbers. But obviously if he wasn't currently employed thats going to look bad. But he could easily live of his saving for a long time > 1year before depleting it too much. But do they just look at if he has a current job or do they look at the whole picture. If we have all the evidence of his accounts when we go to interview if it does come up would that be enough? His career is easily transferable so there will be no problem getting a new job. Might not be quite what he's making now but he will quickly get back there and he will make well above the poverty line, I don't have any doubt about it. But I'm sure USCIS will. 

 

I swear none of the timing on this process is ideal and the more I think about it the more worried I get, but I feel we have a pretty strong case. I mean we can't just put our lives on hold.  

 

If anyone has any insight  to this I would greatly appreciate it! Have not submitted 1-485 yet, but plan in the next week or so. And does anyone have an idea of what the timelines are, is it state dependent?

 

Thanks!

[NikLR 13,232]

 The I-864 needs to have current income at or above the poverty guidelines regardless of location.  (As on the I-864p)  or assets that are well documented at 3x the difference (or a joint sponsor.)  If hes not employed, doesnt have the assets, or a joint sponsor they will deny your aos.  

 

Ead and ap is minimum 4 months right now and aos is about a year.  

[Creamsoda1983 7]

Thank you

 

So it looks like he will probably have to keep job, delay moving possibly, or get a new job where we move too. But that being said, He would have assets >$100,000 which is more than 3x, so even if he didn't have a job would that be ok or would he still need a job, even if it was any job to show that he is currently employed. 

 

Thanks

[Ontarkie 14,560]

~~Related threads merged. Please do not make new threads for related questions. It's easier to get the right answers when all information is together.~~

~~Also moved to AOS from Work, Student and Tourist Visas, from IR1/CR1 - As the OP is going to follow the AOS route.~~

Edited November 30, 2017 by Ontarkie