Engaged to a Canadian -- Will he be able to leave the country if we start the green card process?

[Lianna H 0]

Hi everyone! My partner and I got engaged last weekend. We live in New York City, I am a US citizen and he is a Canadian citizen who's been living in the US for several years on a TN work visa, which is currently in the process of being renewed so he can stay in the country for the next three years. He is interested in exploring other options for work, though, and on his TN visa, he's tied to his current employer. For that reason, we're thinking it may be best to get started on the green card process ASAP. We are planning to get married at the courthouse in June and then plan the actual wedding.

 

Our concern is that we were really hoping to plan our wedding in Canada for the summer of 2024, and we're worried that if/when we start the green card process, he won't be allowed to leave the country until he's approved. This would obviously make it impossible to plan a wedding in Canada given that we won't know when exactly that will happen. That said, since he will still be on the active TN visa while his green card processes, I'm not sure if the 'no leaving the country' rule would apply to him. 

 

Does anyone have any info on this? I'm also curious what the green card timeline for Canadian citizens looks like... is it typically faster than it is for citizens of other countries? Thanks in advance for any/all advice!

Edited May 10, 2023 by Lianna H

[igoyougoduke 1,653]

you cant start any process unless you are married. not sure what process you are planning ?

[Lianna H 0]

1 minute ago, igoyougoduke said:

you cant start any process unless you are married. not sure what process you are planning ?

We're planning to get married at the courthouse next month so that we can start the process.

[YecaCruz 379]

File the I-131, application for travel, and the I-765 authorization to work, in the same packet with the adjust status/green card application. That way you can get authorization to work and advanced parole while you wait for the green card application and there is no extra fee to do this. 

I spent a around a month after my courthouse wedding on adding my spouse's name to as much as I could including utilities bills, bank accounts, credit card authorized signer, apartment lease, vehicle insurance. Anytime I was met with 'resistance' like 'we can't do that" I emphasized that I was doing this for immigration purposes to prove residency blah blah blah and that seemed to do the trick lol. So by the time I sent in the packet(s) I had a nice little pile of various documents that had both of our names on stuff. 

Double and triple-check everything before you send it in AND make a copy or 2 of everything in the packet. Practice filling out the form a few times, as I did, to avoid any mistakes or typos.

 

Good luck and take your time!

Application for Travel Document | USCIS

[mam521 2,057]

The only issue I see is that he is unlikely to be able to switch employers/TN visas until his EAD is approved.  TN is a non-immigrant visa type and with a pending spousal visa in play demonstrating immigrant intent, he is highly unlikely to be granted a new TN for a different employer.  

 

If he's content with where he's at work wise and can deal with being in NY and not traveling back to Canada until his AP is granted, you should be fine.  Just keep in mind the timelines on EAD and AP authorization...they might be tight if you plan a wedding for early summer in Canada.  I'd definitely plan for later summer and keep in mind he may not be able to check out venues, etc in Canada with you until that AP is authorized. 

[powerpuff 6,677]

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[Ontarkie 14,215]

~~Moved to AOS From Work, Student and Tourist Visas, from General Immigration discussion.~~