NAFTA

[MsZ 6]

I'm curious -- can my husband come to the US to work under NAFTA while our visa application is pending? (K-3 or CR-1?)

[Mephys 2]

NAFTA has a specific list of skills that would let him have a TN VIsa. Not everybody is qualified, and he would also need a job offer. You might want to do some search to get the NAFTA list.

[MsZ 6]

NAFTA has a specific list of skills that would let him have a TN VIsa. Not everybody is qualified, and he would also need a job offer. You might want to do some search to get the NAFTA list.

He's fully qualified. We weren't thinking of having him even look for work here until later but this might be the way to go.

Thanks!

[Emancipation 2]

http://www.visajourney.com/forums/index.php?showtopic=77345

Don't know anything about the situation, but this is popping up at the bottom of your thread Might be worth a look see.. esp. about immigrant intent!

[MsZ 6]

Looks like we blew it by getting married before he got a job. Oh well.

It does seem like you could fight and possibly win because the TN is not being used for immigration and going through the legal process of a K-3 or CR-1 *would* be used for immigration. However, if the K-3 or CR-1 were denied and the TN were not renewed you'd have to leave.

Sometimes I think the border guys use hard and fast rules rather than allow nuances. If you are filing all of the appropriate paper, and you qualify, it should be doable. But it is hardly worth the chance of him getting turned away from the country. So far, so good on him visiting the US.

Thanks for that post.

http://www.visajourney.com/forums/index.php?showtopic=77345

Don't know anything about the situation, but this is popping up at the bottom of your thread Might be worth a look see.. esp. about immigrant intent!

[warlord 73]

You won't get a TN status at all as the K visa is immigration intent

(The TN is invalidated by intent such as AOS, any other permament residency visas etc). The only way you could have done it is to not have gotten married until he was already over here on the TN status and then after some time gotten married (at least several months so not to arise any questions from the INS). Then you would have applied for AOS the same as you would now.

Either way he would be denied a TN at this point since the K is in the system already, so the only thing is to wait for his EAD to come after applying for AOS...

Edited October 16, 2007 by warlord