can I apply for TN after I-129F filed?

M

mikele

Registered Users (C)
Ok, but there is more to it than that. I've been getting TN visas for 9yrs. This time I made the mistake of telling the border guard(who was female) that I just got engaged and would prob apply to be a permanent resident soon. I thought this would soften her up. I have been on TN's for a long time and didn't want the same questions on my long term intent anymore. Well, this was a bad thing.
I didn't know about the whole dual intent thing. She proceeded to take a sworn statement, put it in the computer and made me sign it. So now they have a record of it. :( Anyway, I had my fiance petition for me on a I-129F. It was submitted a week ago and when I get receipt from the visa processing center, I will again try and apply for a TN. This time telling them I will only stay as in the US until my consulate interview in Canada. Does this make sense?? I just wanted to get people's opinions.
If they say no, can I still get a B2 visa until the interview?
And after this, say I get in on a TN status, what is the next step? What would work best???

thanks!!!
Mike
 
AOS after I get in instead of K1?

One more thing...if I do get in under the TN or B2, can I just file for a AOS after
we get married instead of going to the K1 interview? Would this make it easier?
Or should I still follow thru with the K1? If I do file an AOS, I prob should consult
with an attourney?? I don't want to get booted... :)

thanks
Mike
 
You can apply for AOS with a B2. I think you're making things more complicated though, why not do the K1?

You'll still have to go to an interview K1 or no K1 to prove the marriage is valid.

Your tale should be told far and wide; when applying for a TN, whether it's your first or your 10th, you are always just intending to live in the US for 1 year and nothing more.
 
yes, I agree

everyone should know how important answering that question really is. Ok, the deal is, I need to work asap. I don't know how long my job will be there. The interview for the K1 isn't for another 5 mos or so. I really wanna get back in on a TN so I can work until the interview. OR I could file for AOS while I'm there so there are no disruptions. If I do get the K1 I'll still have to wait a while before I can actually work. I can't believe how much wating there is..............

thanks
Mike
 
Mr Zuccaro or CuriousGeorge or anyone in the know....

does this look like a good game plan? :confused:
 
It depends how bad you need to work. You’ve got a big burden of proof in order to get admitted. The affidavit you signed clearly state that you have expressed intent on immigrating. Your argument that you will go for a consular interview is good but will it be enough? You can find some good attorney in Buffalo NY that will meet you at the Peace Bridge and represent you. It will cost but is it worth it to you? Any additional evidence you can show that you will be returning to Canada is going to work in your favor. If you have a CND house, dependants, driver’s license and a car with Canadian plates that might help.
 
mikele said:
does this look like a good game plan? :confused:
Click to expand...

I am not familiar with the I-129F and how it relates to the whole immigrant intent issue and TN status. Brian Z might be able to help more in this situation.

The I-140, which is filed by a sponsor company is not considered clear immigrant intent according to NSC, since it is technically filed by your company, not you. Family sponsorships (ie I-130) are clear immigrant intent, since its hard to convince an CBP or USCIS officer that "you had no idea that your family sponsored you", therefor someone with a pending I-130 should be very careful to avoid applying for a TN. I-129F? This probably falls into the same category as the I-130. This is my unexperienced opinion on the I-129F.

My opinion is that you're not eligible for a TN at this time. I am not a lawyer.
 
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yes, I'm not denying I have immigrant intent

I think I'm approaching this problem head on. I'm going to tell them I just want to work until my interview. Once I am called for the interview, I will go back to Canada and then return on the K1 visa. I will then marry my fiance and apply for a green card. The TN is only temporary until the interview. I am trying to make something that was wrong, right. The only thing I need to convince them of is that I really am going to the interview...and why wouldn't I. I just payed $1500
for a lawyer to submit the package....
Has this worked for anyone else? I have done some searches and it looks like it has in the past.

thanks for your input!
Mike
 
Unfortunately, in the eyes of the officer, simply telling the truth still does not make you eligible for a TN out of pity. And, now that you already have a pending I-129F, you'll probably be denied B2 status also. If by chance they offer you any advice, it will probably be to the tune of "come back when you have your K1" or "go get an H1b, or an L1 which allows for immigrant intent."
 
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not dual intent

I don't think this has anything to do with pity. I was asking legally if this was a good approach. I really don't think I would go thru all this trouble to hope I got a nice guy. The consular processing proves I'm NOT staying permanently. Although
his personal feeling will have something to do with his decision, I am doing everything legally and am not entering with a dual intent. Anyway, I'll try and then let you know how it goes.
 
Nothing is preventing you from trying. However the border officer has discretionary power. Also, they can ask all questions in the world. I’d be more concerned about the affidavit you signed. What exactly was the content? The consular interview argument was good in as much that it showed you HAD the intent of attending the interview in Canada. I would be more concerned that the affidavit now state you intend on immigrating. Whichever comes last?

The guys at the border know very well that once you’re in, you can file AOS.

This is why I suggest you have additional evidence. If your car has Canadian plates on your car you could argue that you need to return the car to Canada. No US DMV will register a foreign car without clearing customs.

Although the theory says it should work it doesn’t mean it will. I’ve been on TN for many years and I haven’t set foot in Canada for the past two years because of lack of Canadian residential ties. I have a pending I-140 and wouldn’t want to leave the decision up to a single border officer. For those reasons I prefer to mails all my renewals.
 
thanks for your reply

thanks Dbel...wow, must be frustrating feeling like a prisoner. I know the feeling I've never thought twice about coming home. I've been on TN's for 9yrs. I have no ties whatsoever to canada other than family...well, I do own a rental property, but I don't think that counts. I will try and see what happens. I checked and the consular processing in vancouver is at about 57 days, so that's not too bad anyway. I talked with an attourney and he thinks if I lay out that a company in the US really needs me to finish a project(which is true), it will help. I think the fact I signed an affidavit saying I wanted to immigrate only helps my case as far as the K1 goes...its illegal to file the AOS after you've entered under a TN...hopefully the border guard takes this into acct. But yes you're right, its at their discretion. I think wanting to work and support my fiance while I'm waiting is a good thing...although who knows what they'll think....haha
good luck with your I-140
Mike
 
mikele said:
I think the fact I signed an affidavit saying I wanted to immigrate only helps my case as far as the K1 goes...its illegal to file the AOS after you've entered under a TN
Click to expand...

This is incorrect. You are certainly able to file an I-485 while in TN status.
 
mikele said:
...its illegal to file the AOS after you've entered under a TN...
Click to expand...

Incorrect. I filed AOS after entering in TN status. I now have a GC. Its all legal.

You can still file for AOS after having entering in TN status, but you can't renew your TN status after having filed AOS.
 
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I think you need to distinguish between filing AOS while in TN status and filing immediately after you enter in a non-immigrant status.

Again it comes down to a question of intent. USCIS will consider your entry fraudulent if you file AOS immediately (or soon) after you enter. On the other hand if you file AOS after a certain amount of time USCIS you are less likely to have any problems. The million dollar question is how much time. I don’t know.

I too requested CP in Montreal and that’s what we’ll probably do however in parallel I’m preparing all of our AOS/EAD/AP packets. In the event that DOS visa bulletin shows retrogressions or some other unforeseen event we can get medical and submit AOS within a week.
 
I ended up filing AOS almost 8 months after I got my TN. It's funny because at the time when I went to get it I didn't know about the "no dual-intent" thing and actually had the intent to leave after a year or so but my wife (USC) and I discussed it a few months later and we decided we might as well try for it as I think she's much happier being closer to her family. Haven't run into an issue yet, but, of course, still have to wait for the actual interview :)

Other people I know have also gone from TN to GC without an issue whether family based or employment based.
 
dual intent

I guess I didn't clarify....no its not illegal to file an AOS while on a TN BUT you have to wait like DBEL said. The wait for the interview at the consulate is about 57days. And I should wait at least 60 days if I decide to go the AOS route....to make it seem less fraudulent. So what I was saying is it would be illegal to file too soon.
So then I could argue that why wouldn't I just wait for the K1 interview instead of risking getting barred. (I do realize I could work without interuptions while on the TN and filing the AOS..which would be better)
thanks for all your comments...its good seeing what others in similiar situations are doing. I'm going to Port Huron this time. I've heard it is a good POE. I haven't had many good experiences at the Detroit bridge....

thanks!!
 
curiousGeorge said:
I filed for my 5th TN renewal by mail at NSC, and then filed my I-485 the next week.
Click to expand...

I think USCIS makes a distinction between entry and a mail renewal. The intent is an issue raised at admission.
 
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