Adjustment of status from TN visa

[doraemon 0]

I am a Canadian citizen Married to USC. Since green card processing times are really long at the moment, I am thinking of using a TN visa to move to the US with my spouse. Is it possible? Eventually I would like to apply for a green card but I am wondering if this type of visa combination can cause problems.

Thanks 

[powerpuff 6,697]

With the exception of K and L visas, coming to the US on a nonimmigrant visa with the intent to stay and adjust status is immigration fraud. So, the answer is no, it is not possible. 

[Boiler 45,467]

What you could do is use the TN to bridge the time it takes to interview in Canada.

 

That would be VJ ToS compliant.

[manyfudge 291]

Yes.

 

As @Boiler notes, arrive on TN visa.  File i130 picking consular processing.

[doraemon 0]

54 minutes ago, Boiler said:

What you could do is use the TN to bridge the time it takes to interview in Canada.

 

That would be VJ ToS compliant.

So you are saying:

- start consular processing in Canada

- get a TN visa and move to US

- go back to Canada for the interview

Would there be any problem at the border if they realize that you have a pending green card application? I think they will want to know where you are staying... Is "I'm staying with my (American) spouse" an acceptable answer?

[Cathi 5,746]

18 hours ago, crisbia said:

 

- get a TN visa and move to US

 

Again, you cannot move to the U'S using a non-immigrant visa.

[Boiler 45,467]

20 hours ago, crisbia said:

So you are saying:

- start consular processing in Canada

- get a TN visa and move to US

- go back to Canada for the interview

Would there be any problem at the border if they realize that you have a pending green card application? I think they will want to know where you are staying... Is "I'm staying with my (American) spouse" an acceptable answer?

There may be a problem with you having a US Spouse, or you may sail straight through. Having filed a Consulate case you at least say that you have long term desire to become a resident but are doing it the proper way.

[doraemon 0]

Thank you all. We want to do things properly and we are just exploring options. Given that the TN visa is so special, I am also worried about using it without even thinking/considering the green card. I bet if you are married to a US citizen, you automatically end up in some easy-to-flag category when trying to use a non-immigrant visa.
It just seems ridiculous to me that the processing times for spouses are this long (they have been this bad since the beginning of COVID... and getting worse, I know). We've been married almost 6 years and have a child - also US citizen - together.  It makes no sense to me that one has to either split a family or plan a move years ahead. No flexibility whatsoever. Anyway, sorry for the rant and thanks again.