Juliekaz

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!

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. 

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?

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

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?

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

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