Married Prior to TN - AOS still an option?

O

olivagreen

New Member
my husband is in the US on a TN (i am the US citizen). We were both living in Canada prior to the move. The TN was used because it was the fastest way to get down here, and the company wanted him working ASAP. Our intent was always to move back to Canada, but things have been going well and we'd like to stay.

He has actually been on a few TNs and has never had trouble getting it renew'd/changed (he's changed jobs), We've been in the US for three years.

We are a bit worried about the state of TNs with Trump. If TNs are made harder to get, and his company gets acquired (very likely) , he would need to stop working and possibly miss out on any "sale of company" bonuses because he wouldn't be able to be issued a new TN for the new company.

I am wondering if the Adjustment of Status would work for him. Every thread I've read about it the scenario is that the couple is just about to get married or just got married.. but we are already married and have been since before the TN.

It seems like the only other option is to quit is job and start applying for a greencard just through the marriage. Maybe the company will agree to hire him back once he has status to work.
 
Yes, you should have applied for him already, as marriage to a US citizen living in US is considered overwhelming immigrant intent, which would make him ineligible for any future TNs, or even entry on his current one. He has been lucky not to have been discovered in this situation already. he probably escaped detection because he applied for TN while you were living in Canada, and no officer questions his continued right to TN (ie. they don't know you are American).

he need not quit his job (your application doesn't kill the TN, it merely prevents renewal or travel), so, with at least 4-5 months left on his current TN, you should safely be able to submit all the paperwork needed to get him at least his EAD/AP which would put TN in rearview mirror, and no need to worry about Trump. Acquisition of his firm doesn't affect his TN either, as the new firm "inherits" his sponsorship.

So you can thank trump for waking you up to the need to get off TN. If he doesn't, he could be sent back across the border and forced to submit an immigrant visa application from abroad, rather than AOS. so chop-chop.
 
From my own experience:

I was married to an American prior to my TN back in December of 2005, so it was good for one year. I actually wasn't aware of the intent limitations at the time and found out about them much later, which ironically is what drove me to apply for a Green Card (otherwise I probably would have just renewed it). Luckily I never had to leave the country so I didn't run into any problems about being married to an American. At any rate, I applied for my Green Card and EAD about 6 months in (maybe a little more). Got my EAD basically a week before the TN expired. My Green Card was approved the beginning of January.

After putting it off for a very long time I finally applied for citizenship this last September and just had my oath ceremony yesterday. The TN never created an issue through any of the process, and my Green Card had even expired by this point.
 
Yep :) I was under TN and (looking at my timeline) I sent in the I-485, I-130, and I-765 4 months before my TN expired. I got the EAD a week or two before the TN expired and switched to that with my employer. I was concerned about not being able to legally work if the EAD didn't come in time, but at the time (not sure how it works now) I recall you could send in for a TN renewal by mail (not at a POE) and that would buy you another month or two while they processed it, though because of the AOS it would more than likely be denied. Not sure how that works now, though. But basically, once he sends in all the Green Card paperwork he won't be able to renew his TN so he won't be able to leave and will have to sit it out until he gets approved.

Also, if you've been married for a few years already he'll get his 10 year card, not the 2-year one.

I've put my timeline below:

DO:Seattle

11/28/05 - Initially Denied TN (they didn't like the letter)
11/30/05 - Got TN
07/18/06 - I-485/I-130/I-765 Forms Sent
07/19/06 - RD
07/25/06 - ND
07/26/06 - Cheques cashed
08/04/06 - Rcvd. FP/BIO Appt.
08/14/06 - FP/BIO
08/18/06 - RFE for Tax crap
09/11/06 - RFE Rcvd.by USCIS
11/06/06 - EAD Approved!
11/13/06 - EAD Rcvd!
11/20/06 - Rcvd Interview Letter
11/29/06 - TN Expired
01/04/07 - Interview Approved
01/22/07 - Get I-551 stamp
01/24/07 - Welcome letter sent
01/25/07 - Card ordered
01/29/07 - Welcome notice rcvd
02/02/07 - Green Card Rcvd
Sometime in 2016 - UH OH, Green Card about to expire
09/26/16 - N400 Naturalization Application Sent
09/29/16 - Application Received / Cheque cashed
10/08/16 - Biometrics Appt. Letter Sent
10/26/16 - Biometrics Taken
12/27/16 - Interview Notice Sent
01/24/17 - Green Card Expired
01/31/17 - Interview/Approval/Oath Ceremony
 
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