TN visa or I-129F

[AbiGS 0]

Hello! 

 

My fiance is a Canadian living in Canada and we plan to marry this fall. Recently we completed our I-129F paperwork but haven't submitted it yet because my employer (John Deere) is offering to sponsor him on a TN visa. 

My fiance is completing his 4th university required Co-op right now in Vancouver, so he doesn't have his diploma yet. But he has completed all his required classes. Would patrol agents let him come in to the US on a transcript?

Are we better off declining the job offer and going with the Fiance visa? 

If fiance comes in on a TN visa, and we get married and apply for an adjustment of status (AOS) will he be flagged/denied somehow?  I believe that for the TN visa you shouldn't have the intent to stay because you are a temporary immigrant. 

 

Thank you guys. I am speaking to an immigration lawyer tomorrow, and not sure if they know all the ends about this TN visa. 

 

[britishandusa 446]

2 minutes ago, AbiGS said:

Hello! 

 

My fiance is a Canadian living in Canada and we plan to marry this fall. Recently we completed our I-129F paperwork but haven't submitted it yet because my employer (John Deere) is offering to sponsor him on a TN visa. 

My fiance is completing his 4th university required Co-op right now in Vancouver, so he doesn't have his diploma yet. But he has completed all his required classes. Would patrol agents let him come in to the US on a transcript?

Are we better off declining the job offer and going with the Fiance visa? 

If fiance comes in on a TN visa, and we get married and apply for an adjustment of status (AOS) will he be flagged/denied somehow?  I believe that for the TN visa you shouldn't have the intent to stay because you are a temporary immigrant. 

 

Thank you guys. I am speaking to an immigration lawyer tomorrow, and not sure if they know all the ends about this TN visa. 

 

You cannot be married with a pending I-129F. It is meant to be married in the states after the visa is acquired. If you plan to marry this fall, it isn’t going to work. It takes 9 - 12 months for a fiancé visa now. 

[AbiGS 0]

We haven't submitted our i-129F paperwork yet.

[NikLR 13,227]

Just do the TN Visa.  Working for John Deere is lucrative. Stay with them if possible!  K1 means he can't work for 4-6 months after marriage, after entry and filing for AOS.  

 

He doesn't even need to be an LPR if he has TN.  

Edited May 21, 2018 by NikLR

[Jojo92122 1,924]

A TN visa is a non-immigrant visa and is not a dual intent visa.  Using a TN to enter the US with the intent to AOS is visa fraud.  

If file today for the K-1 visa, you will not have it before your fall wedding.  It will take 9-12 months for a K-1 visa.  Where is this wedding taking place?

Edited May 21, 2018 by Jojo92122

[AbiGS 0]

Well, the wedding is up in the air. We are doing a small courthouse wedding. None of us care for a big party. 

[Jojo92122 1,924]

The TN is not the correct visa for you guys if the plan is for him to immigrate to the US.

Look at the K1 or CR-1.  Both have pros and cons.  Both will take around a year or so.

[geowrian 22,337]

You can do the TN visa path. You can marry in the fall. You cannot do an I-129F and marry in the fall (unless by some miracle they enter on the K-1 visa by then...which is not realistic).

You cannot enter on a TN with intent to file for AOS. That is fraud.

You can enter on a TN and marry. Then the USC can file an I-130 for their spouse, letting you apply for a CR-1 (spouse) visa back home. ETA: ~12-14 months.

[AbiGS 0]

43 minutes ago, britishandusa said:

You cannot be married with a pending I-129F. It is meant to be married in the states after the visa is acquired. If you plan to marry this fall, it isn’t going to work. It takes 9 - 12 months for a fiancé visa now. 

We haven't submitted out I-129F paperwork yet. 

31 minutes ago, Jojo92122 said:

A TN visa is a non-immigrant visa and is not a dual intent visa.  Using a TN to enter the US with the intent to AOS is visa fraud.  

If file today for the K-1 visa, you will not have it before your fall wedding.  It will take 9-12 months for a K-1 visa.  Where is this wedding taking place?

•  

Well, the wedding is up in the air. We are doing a small courthouse wedding. None of us care for a big party. 

[AbiGS 0]

5 minutes ago, geowrian said:

You can do the TN visa path. You can marry in the fall. You cannot do an I-129F and marry in the fall (unless by some miracle they enter on the K-1 visa by then...which is not realistic).

You cannot enter on a TN with intent to file for AOS. That is fraud.

You can enter on a TN and marry. Then the USC can file an I-130 for their spouse, letting you apply for a CR-1 (spouse) visa back home. ETA: ~12-14 months.

So entering on a TN and marry and file for CR-1 while in the US is not fraud? 

[geowrian 22,337]

Just now, AbiGS said:

So entering on a TN and marry and file for CR-1 while in the US is not fraud? 

Correct. You would still need to return home to complete the visa processing. The fraud part is coming on a TN with intent to stay on that entry.

[britishandusa 446]

34 minutes ago, AbiGS said:

We haven't submitted out I-129F paperwork yet. 

•  

Well, the wedding is up in the air. We are doing a small courthouse wedding. None of us care for a big party. 

A wedding is a wedding, no matter whether it’s large or small. People get denied even for engagement parties that look like a wedding. There are tons of visajourney stories where people get denied for trying to hide their wedding or have any sort of ceremony that can be questionable. If your heart is truly set for a wedding in the fall, wait until you get married and then apply for CR-1. It’s a longer process by a month or two but it’s cheaper and your fiancé (spouse) will be able to work immediately.

[AbiGS 0]

33 minutes ago, britishandusa said:

A wedding is a wedding, no matter whether it’s large or small. People get denied even for engagement parties that look like a wedding. There are tons of visajourney stories where people get denied for trying to hide their wedding or have any sort of ceremony that can be questionable. If your heart is truly set for a wedding in the fall, wait until you get married and then apply for CR-1. It’s a longer process by a month or two but it’s cheaper and your fiancé (spouse) will be able to work immediately.

I apologize for not making that clear. We do not have a time/season set for the wedding. I was thinking fall if we were proceeding with TN visa. But looks like that is out of the equation. We are not doing any kind of ceremony, casual party before signing marriage certificate. We do not have a date for anything yet. 

[AbiGS 0]

1 hour ago, NikLR said:

Just do the TN Visa.  Working for John Deere is lucrative. Stay with them if possible!  K1 means he can't work for 4-6 months after marriage, after entry and filing for AOS.  

 

He doesn't even need to be an LPR if he has TN.  

Wouldn't that require my fiance enter the US and work for the TN, then leave the country and then apply for AOS while he is outside the US? 

[geowrian 22,337]

4 minutes ago, AbiGS said:

Wouldn't that require my fiance enter the US and work for the TN, then leave the country and then apply for AOS while he is outside the US? 

AOS only exists in the US. One has no status to adjust from after they exit the US. They would apply for a visa.

Edited May 21, 2018 by geowrian