TN visa to CR1 or AOS with kids?

[Juliekaz 0]

Hello,

 

I have been reading a lot up on TN status (not for dual intent) expires June 2022 and confused going the CR1 vs AOS route following marriage to USC for GC.

I know that the CR1 is considered a "loophole" that does not violate the TN intent, but I cannot apply for it until my boys are with me on June 2021 using my TN status for TD status

My question is:

1. Should I wait to get married until they are with me on TD status and then apply for AOS with EAD and AP for the 3 of us (issue being I would have to get married right away and file I-130 and 485 with EAD and AP request in order to not violate court order that has boys visit with their father in Canada, but entry and immediate marriage has intent issues)

OR/ 

2. here on the TN/TD status and apply for CR1 which I am by lawyer we are able to travel between Canada and USA freely on the TN/TD status until CR1 and CR2 is approved (issue here is my TN status would only have 10 months left and I have read multiple times you cannot travel on TN while CR1 is in progress)

OR/

3. come here on TN/TD status I apply for AOS with EAD and AP following wedding and have the boys go through with CR1 while in US so they can travel to visit their father? (but does this invalidate the TD status if I have changed AOS status)

OR/

4. have the boys come to the USA on F1 status as a student and not use my TN status and then apply for CR1? or then AOS with them

If I had the boys on a F1 student visa then I could go the CR1 route myself with plenty of time left on the TN visa to work in US.

 

I just want to find the best route for my boys without losing their ability to visit their father in Canada or losing their pending GC

[NikLR 13,220]

Where are you currently?  In the USA?  Where are you children? 

~~moved from work visas to what visa do I need.  OP is discussing immigration to USA for self and children~~

[geowrian 22,336]

* Removed duplicate post. Moved this post from Work Visas to IR-1/CR-1 P&P for now. OP appears unclear if pursuing the visa process or AOS. *

 

Where are you right now? Where are they?

It sounds like at least one of you is outside the US at this time. If so, you cannot use a TN or TD visa to enter the US with intent to stay. They would need to apply for a visa abroad.

 

4) You cannot use an F-1 visa as a means to immigrate. It would have to be the visa process (CR-2 for them).

 

If the goal is to be able to travel back and forth to/from Canada, AOS is not a good fit. It would likely be around 6 months or longer right now before being able to do so.

[Juliekaz 0]

thanks for responding

I am currently in US on TN visa and my boys are in Canada. I was told by immigration the best thing to do is bring them in on the TN status and then either file AOS for all of us or go the CR1 route that would allow us to travel. I just worry that by going the CR1 route my TN status would expire. If I go AOS route my kids TN/TD status would expire

 

 

[geowrian 22,336]

7 minutes ago, Juliekaz said:

thanks for responding

I am currently in US on TN visa and my boys are in Canada. I was told by immigration the best thing to do is bring them in on the TN status and then either file AOS for all of us or go the CR1 route that would allow us to travel. I just worry that by going the CR1 route my TN status would expire. If I go AOS route my kids TN/TD status would expire

So here are the legal options...

 

1) You all do consular processing for CR-1 and CR-2 visas. You can enter on TN/TD status during the process.* This seems like the best option to me based on the need to travel abroad soon, but this really depends on your priorities.

 

2) You do AOS. Your children do CR-2 visas abroad. They can still visit or enter on TD status.* You would need AP to leave the US (expect 6+ months at this time).

It appears there may be another issue here because if your status expires in the US then they cannot enter on the dependent status anymore. They could enter as visitors - subject to CBP inspection - but they would need to be careful to avoid looking like they are living in the US as a tourist.

 

*Each entry into the US is subject to CBP inspection. To be blunt, there is a risk of being denied entry due to immigrant intent. Usually it's not too much of an issue with Canadians, but it's not guaranteed either. Stories indicate they may be a little more strict right now given the land border closing to most visitors and other restrictions.

 

The option to bring them on TD status and then do AOS is not a legal option. As noted, it is fraud to enter on that NIV status with intent to stay.

[Juliekaz 0]

Hi,

much appreciated, I agree the issue with me going the AOS route is it put them out of status while waiting on their CR2.

My best route is to go consular processing for all of us, I am just worried my TN status would expire because I have to wait to bring the boys here on TD in June 2021 and my TN expires June 2022. Cutting it close if the CR1/CR2 takes 11-14 months.

 

Should I renew my TN visa earlier?

[Juliekaz 0]

regarding the land crossing -yes they are very strict and the boys would stay in Canada until the border is open again

 

 

[Juliekaz 0]

the other thing I was thinking If I got married now and started the process for our CR1/CR2 now, (which would give me lots of time left on my TN to complete the CR1 process) could I bring the boys in later on the TD? or would they need to be on the TD first to get into the US because intent has been established?

[NikLR 13,220]

Your children cannot enter with TD visas if you intend to AOS for them.  If you intend to do the CR2 for them, you can bring them but each and every entry into the USA will need documentation showing you intend to return to Canada.  Just like you're supposed to have for your TN visa. 

[Juliekaz 0]

thank you so much for your guidance. I am going to do it the right (legal) way and go the  CR1/CR2 for all three of us. 

[NikLR 13,220]

11 hours ago, Juliekaz said:

thank you so much for your guidance. I am going to do it the right (legal) way and go the  CR1/CR2 for all three of us. 

since youre currently in the USA, AOS is a legal option for you.  But since you have children in Canada, I fully support your decision on the CR1 route which has no travel restrictions. 

[Ontarkie 14,014]

Sounds like you are wanting to do the CR1, I will say this is the better move in your situation.

You also are going to need the father's consent to move the boys permanently to the US. Unless you have a court order that states that you can move them keyword here is permanently.

With AOS the last thing you need is for them to be in the US and then try to get this consent or court order (a TN is temporary so consent for that will not work) and have your ex accuse of of taking them without consent. 

[Juliekaz 0]

thanks, yes we are in the process of the court order to bring the boys to the US. I thought about doing the CR2 for the boys and AOS separate for me, but that would leave them without status for a period of time in the US if my AOS gets approved before their CR2 as their TD would then be invalid if I am no longer on a TN.

I appreciate all  the advice and comments, this is tricky to navigate yourself through without a lawyer, but even then I was given advice from him that would have most likely gotten us into trouble.

Its nice to have the support of others going through this process too!

Edited August 11, 2020 by Juliekaz