Canadian TN Hopeful, will be marrying USC

[CesarM]

Hello,

I am applying for jobs in WA to get closer to my fiance. We will be getting married August 2, 2008. My questions are as follows:

1. After I enter into the US on a TN, how soon can I apply for my GC?
2. Should I wait so as not to induce suspision?
3. What forms do I need to fill out to get my GC?
4. How long will the GC process take?
5. Can I leave the country to visit Canada while on TN?
6. Can I leave the country to visit Canada while waiting for my GC?

Thanks for all your help!

 

[Canadian John]

Hello,

I am applying for jobs in WA to get closer to my fiance. We will be getting married August 2, 2008. My questions are as follows:

1. After I enter into the US on a TN, how soon can I apply for my GC?
2. Should I wait so as not to induce suspision?
3. What forms do I need to fill out to get my GC?
4. How long will the GC process take?
5. Can I leave the country to visit Canada while on TN?
6. Can I leave the country to visit Canada while waiting for my GC?

Thanks for all your help!

1. You can apply the minute you enter the U.S for AOS (Adjustment of Status to Permanent Resident). However, this is not advisable.

2. Absolutely. TN is a non dual-intent status and every entry you make as a TN holder you must have temporary intent. Usually there is a 90 day rule where you apply for a GC through AOS 90 days after your most recent entry to the U.S as a TN status holder. Anything before 90 days may raise red flags and create questions of immigration intent.

3. Many threads on that here (check the 2nd or 3rd pages).

4. That depends on several factors. But most marriage based GC cases seem to take on average 4 - 6 months. However some board users here have experienced wait times of 2 years (FBI name check is your most likely cause for delays, as well as insufficient evidence as required by certain forms).

5. TN status is a multiple entry status so yes you can visit Canada and re-enter the US as many times as you want to as long as your TN is still valid (i.e. you still work for your TN sponsoring employer). However, if you have filed I-485 (Application for Permanent Residency) it is ill advised to leave the US until your GC process is complete or until you have your Advanced Parole document in hand (Read below #6)

6. You can as long as you have not filed the I-485 yet (the form that adjusts your status to that of a Permanent Resident). Basically, if you have filed I-485 DO NOT leave the US until you have your GC in your hands or unless you have your Advanced Parole document in your hand (Adnvanced parole allows you to leave and re-enter the U.S. while your Adjustment of Status is processing).

If you did Consular processing (a totaly different process) you should be able to go to Canada and re-enter the U.S.

 

[CesarM]

More TN questions

So when I get to the border, what documents do I need to have?

And since I plan to marry my fiance on paper and then apply for my greencard after the 90 period, how do I show that I have "temporary intent?"

What steps do I need to take to make the cross through the border smooth? I know that I have to have a detailed list og everything that I am bringing and lable everysingle bow, but what else?

Thanks

 

[simsd]

Here's the deal.

You're not going with temporary intent. You're going with permanent intent. Therefore you are mixing apples and oranges.

So now look at the next scenario. Forget for a moment that you want to get married etc.

You are strictly going to the US to work. And that's all.

Now while you are there you meet your fiancee. Now you decide you would like to get married.

Then you need to take the appropriate measures. DON"T GET MARRIED and then try to do everything like everyone else does. You would be well advised to pay a lawyer for a one hour consultation in order to time this correctly.

We see posts on this forum all the time from people who seem to think if they get married, all will be okay - not so.

I also believe (and you will have to check on this) the 90 day wating period os for those on a K vise, which you will not be on.

I don't know what you mean by label every single bow?

Have you received the letter of offer from the emloyer?

 

[warlord]

1. After I enter into the US on a TN, how soon can I apply for my GC?
You should wait a few months before you get married, you can then apply for AOS after you are married.

2. Should I wait so as not to induce suspision?
Yes, wait a few months, I've heard 6 months doesn't seem to raise suspicion, but that all depends on the individual that reviews it, each is different. I was on a TN for 7 years for example before getting married. Others do it in their first year.

3. What forms do I need to fill out to get my GC?
Look on the INS website, they have a full list of the many documents you'll need.

4. How long will the GC process take?
Depends on the individual. You will learn everything is different for everyone. Some get their GC quickly (6 months after my AOS application for me), others over a year. All depends on individual case by case.

5. Can I leave the country to visit Canada while on TN?
You can come and go as you please if you are on the TN. After you are married however, you cannot leave until your AP comes through.

6. Can I leave the country to visit Canada while waiting for my GC?
See #5...

And yes as mentioned by all means do not get married first while you are still in Canada as then you'll need to do the K visa and that takes time to work...

 

[nelsona]

1. The rule of thumb is between 45 and 90 days. Remember that this includes each entry on TN not merely the first application.

When you are on TN (or equally, as a tourist), and marry a USC, you MUST marry within US, honeymoon within US, and stay put in US until you get both EAD and AP.