Ramifications to TN-1 visa due to Green Card application?

[kc344 0]

Hey friends,

- Can a person on a TN-1 visa, who is living/working in the US when he marries a US citizen (in the US), continue to work during the transition time it takes his I-765 (EAD) to be approved?

[kc344 0]

Friends-

I want to report that I have now confirmed that it is possible to do the above if your situation is straight forward. As others have stated, please make sure your TN is valid for at least 6 months before applying for AOS so you can be reasonably sure that your EAD comes through w/time to spare.

KC

[Erin and Muraari 0]

Just be aware that unlike the H1-B the TN is not "dual intent" as a TN specifically requires "temporary stay intent". So if you cross the border and try to come back with a 485 pending you could potentially be denied entry leading to a LOT of trouble. So working wont be an issue but travel might very well be. I didnt have this problem, but when I was on a TN and I was crossing the border near Vancouver back with my girlfriend (US citizen) at the time, the CBP officer deliberately asked us a few times if we were married and told us this about the TN. Anyway more FYI than anything. Good luck.

Muraari

Friends-

I want to report that I have now confirmed that it is possible to do the above if your situation is straight forward. As others have stated, please make sure your TN is valid for at least 6 months before applying for AOS so you can be reasonably sure that your EAD comes through w/time to spare.

KC

[kc344 0]

Yes, you are right about the need to be cautious about cross border travel.  Even after I get my AP, my lawyer advises me to not travel out of the country unless absolutely necessary until my AOS is approved because border guards have wide latitude to accept/deny the AP.

KC

Edited September 1, 2007 by kc344

[Erin and Muraari 0]

Very true. It really depends on the knowledge and experience of the CBP officials at the particular border crossing/airport pre clearance authority you intend to use. I have some information about most of the major ones, so if you plan to travel and need information please feel free to ask. Regardless, every time I travel back and forth from Canada right now I worry a bit even though the H1-B I am on allows me to travel without an AP. The fact of the matter is, you never know: you might get a CBP guy in a particularly bad mood. But so far in the last 2 years I have to say I have always had better experiences with US Customs (polite, friendly, and efficient) rather than Canada Customs.

Muraari

Yes, you are right about the need to be cautious about cross border travel.  Even after I get my AP, my lawyer advises me to not travel out of the country unless absolutely necessary until my AOS is approved because border guards have wide latitude to accept/deny the AP.

KC