TN visa or I-129F

[Jojo92122 1,924]

14 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? 

What NikLR outlined for you will not work.  A visa is for entering the US, so why would a TN visa holder already in the US need to go to Canada for a visa interview?  To avoid AOS, maybe?  Playing games will not work.

Do this the right way, either with a K-1 or a CR-1.  Trying to work the system to save a few months of separation may not end well for you.

 

If the lawyer tells you that he can enter on the TN and have a change of heart to AOS, you should run.  Some lawyers will do this to get your business (money) and don't care if you are committing visa fraud.

Edited May 21, 2018 by Jojo92122

[AbiGS 0]

6 minutes ago, Jojo92122 said:

What NikLR outlined for you will not work.  A visa is for entering the US, so why would a TN visa holder already in the US need to go to Canada for a visa interview?  To avoid AOS, maybe?  Playing games will not work.

Do this the right way, either with a K-1 or a CR-1.  Trying to work the system to save a few months of separation may not end well for you.

 

If the lawyer tells you that he can enter on the TN and have a change of heart to AOS, you should run.  Some lawyers will do this to get your business (money) and don't care if you are committing visa fraud.

Oh that's scary! We will stick to what we planned originally (A I-129F). We do not want to play tricks with the government.  Thank you for your sound advice. 

[NikLR 13,231]

39 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? 

No as Geowrian explains, that would require him to interview in Montreal if he decides he wants to become an LPR before entering on a TN visa. 

 

34 minutes ago, geowrian said:

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

 

24 minutes ago, Jojo92122 said:

What NikLR outlined for you will not work.  A visa is for entering the US, so why would a TN visa holder already in the US need to go to Canada for a visa interview?  To avoid AOS, maybe?  Playing games will not work.

Do this the right way, either with a K-1 or a CR-1.  Trying to work the system to save a few months of separation may not end well for you.

 

If the lawyer tells you that he can enter on the TN and have a change of heart to AOS, you should run.  Some lawyers will do this to get your business (money) and don't care if you are committing visa fraud.

Actually it will work.  The Canadian can work and live in the USA on a TN visa.  I said nothing about adjusting status.  In fact I said he doesn't need to become an LPR (aka does not need to adjust status) to live and work in the USA. That's how TN status works, it's a work visa that allows people to live and work in the USA.   In no way is this fraud, skirting the law, etc... Someone with TN status can enter and leave the USA at will.  They can work in the USA.  They just don't hold a green card and possibly one day they may not be able to renew their TN status.  

 

People obtain TN status for 10 years or more.  It is perfectly legal to eventually decide down the road that they should adjust status such as if they decide to change career fields, etc, and no longer want to leave the USA.  

[TNJ17 1,329]

Do a K1 and once he’s in the US and you apply for AOS, if the job offer is still up maybe you can get an expedite on the EAD. You can’t do a TN and marry then adjust status. That’s visa fraud and will get you in trouble. 

[janet3 1,170]

3 hours ago, TNJ17 said:

Do a K1 and once he’s in the US and you apply for AOS, if the job offer is still up maybe you can get an expedite on the EAD. You can’t do a TN and marry then adjust status. That’s visa fraud and will get you in trouble. 

This is not good advice. Putting a career on hold to apply for a K1 is LUDACRIS....especially when the beneficiary can live in the US with his/her loved one....this couple has the opportunity to have their cake and eat it too.....if my fiance and I had had this opportunity we would have jumped at it....(it is not skirting any immigration laws....it is not fraud in any way).

The OP should follow @NikLR and @geowrian advice.....

[NikLR 13,231]

John Deere honestly is a great company to work for.  My ex's BIL worked for them starting at the bottom.  He was able to buy multi-million dollar homes in the Calgary area every few years (they got bored quickly... lol)  His wife didn't have to work and they have two kids.  He was even transferred to NZ and ended up gaining citizenship there, with paid flights for their family to come visit.  My kid has been to NZ 3 times because of him working for John Deere.  It's not an opportunity I would suggest putting on hold especially if they're willing to do the leg work for the TN visa. 

[JoannaV 174]

8 hours ago, Jojo92122 said:

What NikLR outlined for you will not work.  A visa is for entering the US, so why would a TN visa holder already in the US need to go to Canada for a visa interview?  To avoid AOS, maybe?  Playing games will not work.

I don't know about the TN visa specifically, but people with a B-2 visa or ability to travel via the VWP can certainly travel to and from the US and still apply for a CR-1, they can submit their I-130 petition whilst they are in the US, and then they will have their visa interview in a foreign country, regardless of how many times they have been in the US between the petition and interview. (Like I said, I don't know about the TN visa and so couldn't say if submitting an I-130 petition would affect the validity of a TN visa, but I know "A visa is for entering the US, so why would a TN visa holder already in the US need to go to Canada for a visa interview?" is not a sufficiently convincing argument.)

[Orangesapples 1,954]

21 hours ago, AbiGS said:

Oh that's scary! We will stick to what we planned originally (A I-129F). We do not want to play tricks with the government.  Thank you for your sound advice. 

It's not scary, you can live in the US for many years on a TN visa and one day it may happen that you change your mind and apply for AOS. Many people do it, people get AOS approved from tourist visas all the time. It's the intent at the border that matters but once you've been admitted, you're fine and intent no longer matters for anything