Expiring TN visa — weighing K-1 vs CR-1 visas

[roxythecat 0]

Hi everyone,

 

I'm a Canadian citizen who has been living in the US for the past seven years, first on a student visa, then on a series of TN visas. During those many years here, I met my partner, and we're now talking about getting married. 

 

Coincidentally, I just lost my job, and the grace period on my TN will expire in just over a month.

My timeline looks like this:
-TN expires Feb 21
-need to be in the US mid-march
-need to be in the US mid-May

-would like to be able to work in the US  again starting September 2020

 

Would it be best to:

A.  Leave the country in the next month, surrender my TN, and return as a visitor (B visa) the same day (I live close to the San Diego/Tijuana border, so doing it in one day is easiest)? Then leave the country in May, and start the K-1 process?

 

B. Leave the country, surrender the TN, come back (at mexico border, same day), get a B visa (visitor), then get married (after 60 days?), and apply for the CR-1?

 

C. Would getting married while on the TN in the next month and then applying for the CR-1 be an option, given that there are several events I'd like to be in the US for during the spring?

 

Or other options? I'm trying to get a handle on any potential conflicts between the different visa categories, and trying to understand what makes the most sense for me given that I'm already living in the US, but about to lose my legal status. 

 

many thanks for any advice or clarification you can give!

[Ryan H 3,834]

***Moved from K1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.***

 

**Moderator hat off**

 

9 minutes ago, roxythecat said:

A.  Leave the country in the next month, surrender my TN, and return as a visitor (B visa) the same day (I live close to the San Diego/Tijuana border, so doing it in one day is easiest)? Then leave the country in May, and start the K-1 process?

 

It's 50/50 that you may be refused re-entry; not really the best plan.

 

12 minutes ago, roxythecat said:

B. Leave the country, surrender the TN, come back (at mexico border, same day), get a B visa (visitor), then get married (after 60 days?), and apply for the CR-1?

 

Non-starter, this is fraudulent.

 

12 minutes ago, roxythecat said:

C. Would getting married while on the TN in the next month and then applying for the CR-1 be an option, given that there are several events I'd like to be in the US for during the spring?

 

This seems to be the best fit for what you want to do; however, you will not be applying for a CR-1, you will be adjusting status.  Others can speak more accurately regarding timeframes for receiving an EAD after filing for AOS.

[Boiler 46,198]

Assuming your partner is a USC marry and adjust would seem simpler.

[roxythecat 0]

Ah, thanks, @Boiler and @Ryan H  ! I'm new to this and AOS somehow did not occur to me as an option!