TN VISA married with permanet resident

B

brendajmg

New Member
Hi, I am married with a permanent resident. I am still working with my TN visa but this expires in less than 20 days. Is there a way to change my status without leave US? how is the process I need to follow?
Other questions, if the US company wants to renew my TN visa, can I work remotely I mean work from another city or I must to stay in the same city where the US company is?


Thanks in advance.. I would really appreciate your soon response.
 
Are you allowed to apply for Green card, or did you marry after they got GC?

In any event, your spous'e status does not really impact you, if you have not filed for any immigration visa (I-130 for example), so your renewal has no special requirements.
Your firm needs to file i-129 for TN renewal within 20 days. They best see a lawyer for this, since neither of you have time to get upto speed on I-129 ins-and-outs.

Or go to the border.
On your other question, you can work anywhere your employer allows you to.
 
nelsona said:
Are you allowed to apply for Green card, or did you marry after they got GC?

In any event, your spous'e status does not really impact you, if you have not filed for any immigration visa (I-130 for example), so your renewal has no special requirements.
Your firm needs to file i-129 for TN renewal within 20 days. They best see a lawyer for this, since neither of you have time to get upto speed on I-129 ins-and-outs.

Or go to the border.
On your other question, you can work anywhere your employer allows you to.
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Thanks for soon reply nelsona, I really apreciate it.
Well I got married and he is a permanent resident so I think I can apply for a green card. I think my visa wont be renewed so We are filling Form I-130, but what should I do if they don't approve for the time when my visa expires that is in less than 20 days?

Thanks in Advance
 
You are not eligible for "instant" GC if you were married after he got GC, so filing I-130 is not a solution to your problem right now. This is a known problem, so do not carelessly file I-130 and jeopardize future TN's. If you do not file I-130 you cannot have immigrant intent, so TNs are completely permissible.

You would have had to marry BEFORE he was awarded "instant" GC, which does not seem to be your case. Besides, if you I-130, this does not keep you in TN status, so you would lose your job, as you would need to wait several months (it is currently a 2 year wait) for to apply for GC and work document.
So file for I-129 NOW, and then file I-130 after TN approval.
 
nelsona said:
You are not eligible for "instant" GC if you were married after he got GC, so filing I-130 is not a solution to your problem right now. This is a known problem, so do not carelessly file I-130 and jeopardize future TN's. If you do not file I-130 you cannot have immigrant intent, so TNs are completely permissible.

You would have had to marry BEFORE he was awarded "instant" GC, which does not seem to be your case. Besides, if you I-130, this does not keep you in TN status, so you would lose your job, as you would need to wait several months (it is currently a 2 year wait) for to apply for GC and work document.
So file for I-129 NOW, and then file I-130 after TN approval.
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I will work until August 22nd that is when my TN Expire. But what can I do if USCIS get my I-130 / G235A / I-485 and they are still checking and they pass August 22nd?
 
nelsona said:
If you do not file I-130 you cannot have immigrant intent, so TNs are completely permissible.
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Of course you can. You have immigrant intent if you intend to immigrate during this stay. Being married to a permanent resident can increase the suspicion for immigrant intent.

Conversely, having an I-130 filed for you by someone does not necessarily mean you have immigrant intent. Even if you intend to immigrate in the future, that does not mean you intend to immigrate on this trip, which is what counts. But it does make it harder to show you don't have immigrant intent.
 
brendajmg said:
I will work until August 22nd that is when my TN Expire. But what can I do if USCIS get my I-130 / G235A / I-485 and they are still checking and they pass August 22nd?
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Once you file I-485, it's okay for you to go out of status. But as others have mentioned, you do not qualify to file for I-485 (adjustment of status) in the near future. You would have to wait until the I-130 is approved AND the priority date for your category is current, BEFORE you can file for I-485. Plus you have to be in legal status at that time to be able to file I-485. The current wait for the priority date to be current in the F2A category (spouse and minor child of permanent resident) could be as much as 2-3 years. So you have to first worry about how to maintain status until that time.
 
Newacct, there is a presumption that you have immig intent if someone files an I-130 on your behalf. Yes, it can be successfully counteracted with proff that one is not immigrating on this ientry.

However, simply being married to a GC holder who cannot immediately sponsor you for GC does not come with the presumption of immig intent.

Getting back to the issues for our poster, we both agree that I-130 at this time is absolutely pointless, and could result in (a) loss of job, (b) accumulation of unlawful presence after Aug 22, even if she files an I-130, since she CANNOT file an I-485 at the same time.

brenda, you are heading in a very dangerous course if you do not file your I-129 by aug 22, or go to the border and get new TN. You could easily see your self denied entry the next time you leave, and if you decide to stay, you are looking at a 5-year or 10-year bar.

The I-130 at this point does NOTHING for you. You NEED a TN.
 
Waiting another month or 2 to file I-130 at this point is noy going to harm your eventual goal to get GC. You are not going to get GC until 2016 anyways, at the earliest.
But wasting time/resources on I-130 at this point, when you are about to lose your job AND legal status, and are in a completely acceptable position to get a TN renewal, is unwise.

Your situation does highlight the precarious legal status that those married to GC spouses are in. If you cannot maintain TN status (ie you lose your job and cannot quickly find another), what are you going to do to legally stay in US? Go to school? That is about your only option you, and thousands like you on TN, H1, F1, L1 visas but who cannot join their spouses as GC's. The rest are back in their homeland because they can't get in -- and they have all filed I-130!
 
Thanks everybody for the answers.
What if I come back to Mexico and then come back with my tourist visa. Then send the I-130. Can I do this? is this legally?
I am pregnant btw.
 
brendajmg said:
Thanks everybody for the answers.
What if I come back to Mexico and then come back with my tourist visa. Then send the I-130. Can I do this? is this legally?
I am pregnant btw.
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You could, but I don't see how that would help. Filing the I-130 does not give you any ability to stay here. Your duration after entering on a tourist visa is 6 months at most (plus when entering on a tourist visa you have to intend to leave at the end of your stay) so what are you going to do after that?

Renewing your TN status first, as others have mentioned, is the best option.
 
newacct said:
You could, but I don't see how that would help. Filing the I-130 does not give you any ability to stay here. Your duration after entering on a tourist visa is 6 months at most (plus when entering on a tourist visa you have to intend to leave at the end of your stay) so what are you going to do after that?

Renewing your TN status first, as others have mentioned, is the best option.
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What I knew is that once you fill I-130 and they accept (this must to be within 6 months) I cannot leave the country even the permission expire. am I wrong?
 
brendajmg said:
What I knew is that once you fill I-130 and they accept (this must to be within 6 months) I cannot leave the country even the permission expire. am I wrong?
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No, filing I-130 has no effect on your status or your ability to leave. You may be thinking of I-485; after you file I-485, you are authorized to stay here even if your status expires, and in fact must stay here or abandon your I-485. But as said before, it is potentially years after filing the I-130 before you can file the I-485, because of the wait for visa numbers in your category.
 
newacct said:
No, filing I-130 has no effect on your status or your ability to leave. You may be thinking of I-485; after you file I-485, you are authorized to stay here even if your status expires, and in fact must stay here or abandon your I-485. But as said before, it is potentially years after filing the I-130 before you can file the I-485, because of the wait for visa numbers in your category.
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Well the documents we are filling is I-130, I-485, G-325, I-693, I-864 and I-765. Why does it take too much time if I am married with a permanent resident?
 
brendajmg said:
Well the documents we are filling is I-130, I-485, G-325, I-693, I-864 and I-765. Why does it take too much time if I am married with a permanent resident?
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You cannot concurrently file I-130 and I-485 if visa numbers are not current for your category. Your category is F2A (spouse and minor children of permanent resident). Visa numbers are not current for it right now. Maybe you are confused with Immediate Relative category (e.g. spouse of U.S. citizen) where visa numbers are always current.

Because visa numbers are not current, you must first file I-130, and then only when I-130 is approved AND visa numbers are available for your petition date, can you either file I-485 or do Consular Processing. (Unless the F2A category becomes current in the meantime, in which case you can file I-485 at that time.) For this month (August 2014), visa numbers are only available for F2A for petitions filed before May 2012 (if you're born in Mexico, it's even further back -- March 2011).
 
Brenda, you really are not getting this. One of the biggest problems in the US immig system is the issue of those married to GC-holders who, becasue they married after their spouse got their GC, are NOT ELIGIBLE TO FILE FOR GRREN CARD immediately, like those who marry citizens.

They face a difficult task of (a) maintianing some other valid status, while they either wait for visa number to be current, or their spouse to get US citizenship, and (b) not being accused of immig intent (even falsely) which would make them ineligible for TN, B2, f1, or any other temp status other thah H1-B, or L1.

Realize what you are saying: "I'm worried that my situation makes me ineligible for TN, but I'm going to try to enter as a toursist" TNs are allowed to live in US, B2's are NOT. You need to maintain TN status, or start looking for a home outside US!

Otherwise you will soon (in six months) join the miliions of illegals in the US.
 
Hi, I realize this is a really old thread,
but I'm currently discussing marriage with my gf who is a GC holder, and I'm a Canadian on my first TN since mid-May.
Would our marriage(not filing I-130) create any potential issues for re-entering the US on TN in the future (vacation abroad etc.)?
Also, from what I'm seeing here, filing I-130 will definitely make renewing TN harder, and have potential issues with re-entry, is that correct?
She needs at least 4 more years to be naturalized.

What would be suggested in this situation?

Thanks!
 
Until she becomes a US citizen, you are not in any jeopardy, since she can't realistically sponsor you, and would not file an I-130 for that very reason. But once she does naturalize (whether or not she files an I-130 at that point) you will be considered to have undeniable immig intent, and will have to take quick measures to file the necessary paperwork for adjusting your status.
 
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