TN Status ---> Marriage Green Card

C

cadnyc100

New Member
Background:
- I currently am on TN Status I got at the Montreal airport. It was my third TN and I was absolutely grilled by CBP on this one. This TN is good until March 2025.
- I am getting married in the fall and plan to apply for a marriage based green card.

Issue:
- I realize there is no direct path from TN to green card.
- The processing time on the green card may exceed beyond the expiry of the TN in March 25 therefore I think it may be best to secure a TN renewal before applying for the marriage based green card.

Questions:
1) I believe if I apply for the marriage based green card in the fall (and it doesn't come thru by March 2025) that will screw up a TN renewal in March 2025 (ie. I will have already applied for perm immigration status and this application in progress means I will be ineligible for a new TN). Is this a correct assumption?

2) I think the safest path is to secure the TN extension first. If I try to do this at the border prior to March 2025 I will likely be turned away by CBP and they will tell me to come back and apply close to the expiry in March 2025. I think the best route is to apply for an I-129 extension 6 months out from March 2025 and once the extension is secured apply for the green card. Is this assumption correct?

Any feedback on the proper sequence of events to handle this would be appreciated!
 
newacct said:
Is your future spouse be a US citizen? or US permanent resident?
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Thank you for the response.

She is a US citizen.

I believe adjustment of status ( I-130 ,I-131, I-485, I-765) is an option too but I think the 90 day rule could be a pain based on upcoming travel. If the AOS is a much better route I would cancel the travel.

Option 1 - AOS submitted in the summer and cancel travel.

Option 2 - Some kind of TN renewal first to buy a 3 year buffer. And then apply for green card when it is most convenient. I feel this is rolling the dice a bit tho on the off chance there is a problem with the TN renewal (low chance but high impact)
 
There is TN to GC path, but most get EAD before getting green card, Besides, you cannot enter US on TN or renew, once you apply for AOS. You will have plenty of buffer, and would not be allowed to apply for TN renewal for at least 8 months by mail, even longer for border TN. so forget renewing TN ever again. Focus on marriage and AOS.

So, you will apply for AOS immediately after marriage, applying for EAD/AP at same time, (stay put in US; no foreign honeymoon, etc until EAD/AP comes thru) and then you have no further dealings with TN, you will work thru EAD. Just so you know, cbp can deny entry to spouse of US citizen living in US whether or not they have applied AOS, so you need tp apply the Monday after you get married. Is there a particular reason you are waiting till fall to marry? You may wish to look at EAD/AP processing times, to decide when to marry.

Then it doesn't matter how long it takes for GC,
 
nelsona said:
There is TN to GC path, but most get EAD before getting green card, Besides, you cannot enter US on TN or renew, once you apply for AOS. You have plenty of buffer, and would not be allowed to apply for TN renewal for at least 8 months. so forget renewing TN ever again.

So, you will apply for AOS immediately after marriage, applying for EAD/AP at same time, (stay put in US; no foreign honeymoon, etc until EAD/AP comes thru) and then you have no further dealings with TN, you will work thru EAD. Just so you know, cbp can deny entry to spouse of US citizen living in US whether or not they have applied AOS, so you need tp apply the Monday after you get married.

Then it doesn't matter how long it takes for GC,
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Thanks Nelson. All of this makes sense but I have a follow up question on the 90 day rule.

scenario:
- visit Canada in mid July
- as soon as I get back to US in August get married and submit AOS/EAD/etc the day after I get married.

Am I correct in assuming this is not allowed because there won't be a 90 days in between my last i-94 entry and the AOS application?
 
Correct. You need to be limiting your travel starting now. Since this isn't really about TN, you should be getting info from a Marriage-based immigration forum. They will be well-versed on the 90 day rule and how to follow or get around it. Just remember that if you travel and CBP get sa whiff that you have a fiancee or spouse or have file AOS, you will be locked out of US until you get another visa, and ,ay lose your job as a result.
 
Don't wait until fall to get married. There's good odds you'll lose work status for several months.

Let's say you marry in September. If your marriage certificate takes 2-3 months to arrive, you would be mailing your I-130/I-485 application in December. Plenty of people get their EAD in 3 months. But plenty of other people wait 7-8-9+ months to get their EAD... it's a crapshoot.

So if your TN expires in March, but your EAD doesn't arrive until July, then you're now forced to be unemployed for the intervening 4 months.

IMO, go ahead and plan your fall wedding.... but definitely get legally married asap so you can get the certificate and start your filings asap. The less fun alternative is to delay the wedding until after you get another 3 year TN, which gives you plenty of time for everything.
 
By the way, if you file I-485 after April 1, 2024, the I-485 price will go up, and it will no longer include the cost for EAD and AP (EAD will be half price for I-485 applicants, AP will be full price).

Also, the "90-day rule" is just a presumption in the Department of State's manual. It does not apply to AOS, which is adjudicated by USCIS (part of the Department of Homeland Security). And even in the Department of State's manual, it does not say that if you wait 90 days after entry, you are okay; if they have evidence that you misrepresented your intent at entry, they can determine you have the ban for misrepresentation, no matter how long you waited before applying for something else.
 
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