Canadian with a current TN Visa to Marry American boyfriend while both residing in US

[CAgirl25]

Hello,

First off its might help if I tell you a bit about my situation....I am a Canadian Citizen and am currently residing in the USA with my boyfriend of 4 years. I have been living in the USA for approx 7 years first on a F1 student Visa, and then changed to a TN Visa, which I have held for 2 years now.
I am desperate for answers on just 2 questions, and would very much appreciate anyones guidance

#1- If we get married here in the USA, will our marriage terminate my current TN status resulting in a loss of my ability to be employed?
#2 - I do travel home to Canada to see my family, usually in the summer and around Christmas... If we get married in February and I take the steps to apply for residency, when can I go back to Canada? or am I stuck for awhile?

Thank you so much

 

[alpinewhite2000]

Hello,

First off its might help if I tell you a bit about my situation....I am a Canadian Citizen and am currently residing in the USA with my boyfriend of 4 years. I have been living in the USA for approx 7 years first on a F1 student Visa, and then changed to a TN Visa, which I have held for 2 years now.
I am desperate for answers on just 2 questions, and would very much appreciate anyones guidance

#1- If we get married here in the USA, will our marriage terminate my current TN status resulting in a loss of my ability to be employed?
#2 - I do travel home to Canada to see my family, usually in the summer and around Christmas... If we get married in February and I take the steps to apply for residency, when can I go back to Canada? or am I stuck for awhile?

Thank you so much

#1- If you get married in the US (or in Canada for that matter), the marriage itself does not affect your TN status. The by-product of your circumstance however is that you're marriage to an American- if/and when discovered by USCIS- implies that your life is in the US vs. Canada and therefore jeopardizes your eligibility for continued TN status which is designed as a relatively temporary non-intent work Visa.

#2- Can one apply directly for residency while working in US on TN? Anyone have any thoughts on this?

 

[nelsona]

Alpenwhite, best to avoid giving any answer if you are just going to give misinformation, and then ask a question. Read more, type less.

CAgirl,

To migrate form TN to GC thrium arriage requires careful timing, and requires that you absolutely stay in US from the wedding day until you get EAD and AP as part of the marriage process,

So, quickly, the steps are:
1. Make sure you have at least 3 months on your TN
1. get married in US, and honeymoon there. No wedding in Canada, no trip to the islands, etc.
2. IMMEDIATELY, file I-130, I-485, I-131, and I-765 (and any supporting docs) to beging the GC process (there are many websites that describe this.
3. Continue working and stying in US on TN until your I-764 (EAD) is issued, and then inform your employer that you are at that moment switching work authorization to EAD from TN. You then also become an "adjustee" rather than a TNer for status purposes.
4. Wait for I-131 (AP) to be issued to you. Only then can you travel outside US and be re-admitted.
Only at this time are you free to travel and work anywhere.
5. Eventually you will get a conditional GC. Bu the key is your EAD and AP first.

 

[CAgirl25]

Thank you

Thank you everyone for all your advice and information. I guess now my question is that how long roughly am I required to stay in the USA until I can travel home?? I have seen that you can obtain travel/parole docs and was hoping for some info or advice pertaining to these.
Thank you all again.

 

[nelsona]

By "everyone", I'm assuming you meant me, because you couldn't possibly have reaped anything useful from alpenwhite's post.

How long? I already answered that question: "Make sure you have at least 3 months on your TN".

From wedding date until you recieve AP, if you file GC package the following monday, should be completed in 3 months.

You can't get the parole docs without the full I-130/I-485/I-131 submission. That is what the submission gets you.

There are dozens of marria-based immig site (Visajourney.com is probably the best), just keep in mind that you need to get not only a travel documant, but also maintain your work authorization (TN to EAD to GC). The only way to do this is how I outlined above.