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TN Seeking Permanent Status?

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  • TN Seeking Permanent Status?

    I am a Canadian Citizen and have been in the US since 1993, first on a student visa for 5 years and currently on a TN for the past 5 years. I am planning on getting married to a US citizen in November. Is there any way I can continue working and change my status to landed immigrant or some other type of status.

  • #2
    I am a Canadian Citizen and have been in the US since 1993, first on a student visa for 5 years and currently on a TN for the past 5 years. I am planning on getting married to a US citizen in November. Is there any way I can continue working and change my status to landed immigrant or some other type of status.


    • #3
      I do not know how you change to a landed immigrant, but you will be able to adjust status in november, right after you marry. It will take 90 days for them to process your work papers, but then you will be able to carry on. Are you currently out of status?


      • #4
        My TN expires July 20. I will renew it then at the border, should I apply for a specific marriage visa then for the november wedding? Will I be able to continue working throughout this process?


        • #5
          When you renew it at the border, if you can, then that is all that you need to do. In november after you are married, your spouse will file a petition for you to become a permenant resident. I am not really sure what a TN is, but you should be able to keep working while you are adjusting status. However, I would speka with an immigration attorney, before the wedding, just to make sure, but as long as you are in status you should be able to keep working. As for the forms your spouse will fill out check with other people on the board and the uscis website. What is a TN anyways?


          • #6

            -= nav =-


            • #7
              A TN Visa was set up under the Free Trade Agreement, it's between Canada, the US, and Mexico,(I think), it's an I-190. It's renewed yearly by an employer. Will I be able to leave the country while my petition for permenant residencey is being reviewed, ie. Honeymoon, vacation back to Canada? How long does this usually take? Under my TN visa, I must work in the specific field which I qualify under (Interior Designer), when I become a permenant resident, can I work anywhere, can I make a career field change?


              • #8
                Yes you can make a career change after you become a PR. However, you will have to apply for work authorization when you submit your AOS package, so make sure you do. Once you have teh EAD you can become employeed anywhere, or keep the same job you had under your TN visa. However, about advance parole, I am not sure so someone else on the board will have to help me out. Once you have and AOS pending you need advance parole in order to leave and return to the US without jeopardizing your status. However, if you get married and honeymoon right away, you should be able to travel and return using your TN visa. It is only after you have filed stating your intetions to become a US resident that you file for advance parole. However, I always suggest talking to a lawyer to find out your options.


                • #9
                  Quick answers (my long answer got wiped out..)

                  1) Yes Mexico is a TN country along with Canada
                  2) Yes, you will be able to work after you submit your AOS, EAD (the work 'permit'), and Multiple admission advanced parole. The AOS takes years but the other two depend on where you are (district office / regional center)
                  3) Watch out for intent!!! If the BCIS finds out that you are married (or intend to get married) you may lose your TN and be denied re-entry... So file your AOS as soon as you are married! (The Tn is a temporary non-immigrant visa issued by the dep't of labour).
                  4) Can't you move your wedding up to before your TN expires? When you go back to get your TN 'renewed' you may hit an a.n.a.l. border guard who unilaterally determnines that a job you have had for 5yrs is not a temporary job and deny your TN. You will then be on the 'wrong' side of the border and have to apply for a fiance visa (k?) - that can take a LONG time and you will be apart from your future spouse...
                  5) Once you have the EAD - you can work doing whatever you want and for whomever you desire. Your status is no longer controlled by your employer!

                  So be careful if you cross he border after you are married and before your change in status (AOS) is filed! The 'magic' document is called 'advanced parole' - request a multiple admission advanced parole - they are good for unlimited border crossings for 1yr...

                  Good luck and be prepared! I used to be on a TN (1997 - switched to a H1 - 1999) then filed AOS (1999) - that was YEARS ago and I am still 'in the process...'



                  • #10

                    This board is acting up and although I answered, the post remained buried...



                    • #11

                      I re-read over your posts and want to stress one thing:


                      They will deny the TN and you will be s.c.r.e.w.e.d!!!

                      It is a simple process and a short consultation with a lawyer along with a plethora of info on the INS website will tell you all you need to know!

                      You get married, file an AOS, and EAD, and advanced parole... Then you wait (you will be able to work/travel with the EAD and Adv. Parole.)

                      BTW - Where are you planning to renew your TN?

                      Good Luck!



                      • #12
                        the TN expires in July, If it would be better to get married now that will be fine, I'm just looking for the best options for staying employed and/or being able to change employment if necessary.


                        • #13

                          The only reason I suggest that is, as you probably know, the issuance of a TN is at the discretion of the INS officer at the border crossing.

                          If he thinks your job is actually not temporary or that you are intending to stay long term in the U.S. he can (and probably will) deny your TN meaning you won't be able to return to the US. Your only recourse would be to appeal and that process alone can take months (or years). In the interim, not only would you be prevented from crossing back into the US on the TN, you would most likely be prevented from coming back even as a visitor. So there is a lot riding on the judgement of that INS border officer.

                          The flip side is if you get married shortly before your TN expires and file the AOS, they may feel that you got married just to avoid having to leave the US... So it is kind of a catch-22... But that would not even come up until your first interview a year or so down the road...

                          If you ask me, I would whisk your sweetie off to Vegas and get yourself married. There are a lot of real good 'all-in-one' package deals out there and it is not so bad... But just be sure that you are getting married because you are in love - not because you want to stay and live here. The marriage based immigration process is VERY slow and can (and will) take YEARS to complete. If your marriage fails in that time, then you will be in the same situation as many of us here on the board... Stuck in limbo with an uncertain future just because our marriages did not work out as we thought they would. Expect your marriage based immigration process to take somewhere around 5+ years to complete - a long time to live with someone if it is a 'sham' marriage...

                          Whatever you decide - good luck...



                          • #14
                            I just though of something ARQU, it really does take about 5 years to complete. My husband and I just got his 10yr GC and our 5th wedding anniversary is coming up...when you look back on it it doesn't seem that long, but you are right it is. So yes, please make sure you love this person and can stay with them forever, because there are a lot of nasty cases on the board and you would never want to go through that. Also, Vegas is great to get married, you should come.


                            • #15
                              Yes it does indeed take at least 5 yrs - and it is the 'fastest path' to a GC!

                              I actually did go to Vegas and get married - it was great (the wedding - not the marriage). For under $2k, we flew from NJ to Vegas, had a luxury suite (3 rooms) in the Luxor for 2 nights, a rental car for 3 days, a limo to/from the "Little White Chapel', and a very classy wedding... It was a lot of fun and really cheap (plus I made some good money on Blackjack - so it actually didn't cost me anything)

                              Hind-sight being 20-20, I should have taken up the 'maid-of-honours' offer for me to spend the night before the wedding with her at her house there in Vegas (yes - she really made that offer)...

                              As I have posted before, here is my timeline...

                              TN - 1997
                              H1B - 1999
                              Married - July 1999
                              AOS - Aug 1999
                              1st Interview - Oct 2000
                              I-751 - Oct 2002
                              Marriage Terminated - July 2003
                              Still waiting for my I-751 to be processed...

                              5 years and counting... Is it any wonder why there are so many of us dealing with failed marriages while I-751's are gathering dust in the basement of some federal building? Especially when you consider that the average US marriage only lasts 5yrs...

                              BTW - I am one of those 'nasty cases' - but I was in love, she just went all strange on me after we were married... It's a long story and been told here many times before - so I won't bore you with the details (unless you want to hear them again).

                              Vegas is just a bit hot for someone who was born and raised 300 miles north of the US border - I can barely stand the heat up here in NJ!

                              Take Care...



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