Canadian TN1 getting Married to US Citizen

T

The Jake

Registered Users (C)
Hey all,

This is the best place for TN info and while this is not solely TN related I figured I'd still get the best answers here.

I am a Canadian citizen with TN1 status which is valid until May 27th, 2008.

I will be marrying my fiancee on November 30th, 2007. She is a US citizen.

I've been wondering about the best way to move from TN1 to whatever permanent status.

I am also considering changing jobs after we get married and so I'd like the fastest path to permanent residence or work authorization, etc.

Would it be worthwhile for me to adjust my status to K1 or should I just keep on TN1 and then adjust status to whatever permanent status can be granted for a spouse of a USC?

I am thinking that I probably need to hire a lawyer for this process.

All advice is greatly appreciated.
 
Once you marry the US citizen, apply for AOS. Submit an I-131 (for travel) and an I-765 (for EAD). Once you get your EAD, you may change jobs.
 
I also would like to be able to go home to Canada at Christmas.

If I file the AOS it seems like that would take a few months at best and I would probably be held at the border in Canada since the 131 (advance parole) is taking 3 months to process.

Is this true?

Should I wait until after I get back from Christmas to adjust status or is that even riskier?

Thanks again for all replies.
 
Just make sure you have enough time left on your current TN before you file for AOS so you can continue to work on the TN until the EAD arrives. Not sure how long they're taking nowdays but a few years when I went through this my EAD and AP showed up about a month after I applied, so very quick.

Once AOS is sent, you will have to wait for the AP to come in before travelling. Yes some people have attempted to do it without and it's very risky. So best thing to do is just wait till the AP comes. That even means missing a trip. If it's an emergency you can submit proof and get your AP expediated (or you used to). Though chrismtas wouldn't be considered an emergency.

What you can do since you're getting married in November, is to not submit the AOS at all and the border won't have any records that you have applied to change of status. Yes you would be decieving INS in a way, but people have done it with removing your wedding rings, and even going through the customs seperatly or as 'dating' couples so not to arouse suspicion.

So yes there are options, but they can be risky to trave with them without the AP...
 
Not only is it risky to travel without AP.

Without AP, your I-485 is automatically considered abandonned, along with the EAD, and you would have to reapply for them, futher delaying your plans.

The simple rule is that, if you want to marry and keep working on TN, you must marry in US, honeymoon in US, and stay in US until you get AP and EAD.

Any deviation from this will at the very least risk your TN, and could see you locked out of US for a few months.
 
Thanks everyone, right now I'm leaning toward not filing AOS until after the christmas holiday.

In regard to the K1 visa, is the process of AOS from K1 to permanent resident the same timeline as the TN to perm is? For some reason I was thinking that if I held a K1 it would speed up the process to AOS to permanent. If that's untrue I can totally abandon that idea.

Thanks again to everyone.
 
The Jake said:
For some reason I was thinking that if I held a K1 it would speed up the process to AOS to permanent. If that's untrue I can totally abandon that idea.
Click to expand...

If anything, I believe it's slower since I don't think you can file a COS to K-1 within the US, and you will certainly need a consular interview.
 
first of all, Congratulations and wish you a happy life together. even if your visa was expired, marrying us citizen would still get you the greencard if you did it right. the best is to consult with a lawyer. in my experience AOS through marriages are done pretty fast these days (if you dont have a bad luck and everything works as it should be). :)
 
Thanks sshakeny, I'm a lucky guy and I am trying to limit any strain my not being a USC has on the start of our life together. I know she understands my situation but you know how it is, you always want to go above and beyond for them.
 
Just keep in mind that -- even if you have not filed I-130/I-485 -- the CBP will prevent you from entering on TN if they find out you are married to USC -- and will be p.o'd that you tried to hide it.
 
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