Married to US citizen & applying for TN Visa

confusionreigns

Registered Users (C)
I am a Canadian citizen that married in the US to a US citizen in October. I entered as a tourist and my passport was simply stamped with the date of entry. We filed an I-130 application and it was recently returned as one signature was missing. I have an offer of employment (to begin at end of month) and would qualify as a TN professional (masters degree). However, my understanding is that an intent to stay would disqualify me for a TN.

My options seem to be thus:
1) fly to Canada and return and try to obtain a TN visa at POE (Los Angeles)
2) re-file I-130 and wait 4 to 6 months or more before I can think about working here.

If I fly back might I be denied re-entry by virtue of being married? What would I do in that case as I have no where else to go but to be with my husband...

Any advice is most appreciated.
 
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Only an I-485 shows clear immigrant intent. Similarly to an I-140, an I-130 alone does not disqualify you for TN status. But, although you can apply for a TN before you file for your I-485, it is recommended to file the TN application via mail at the Nebraska Servide center and not in person at the POE. The reason is that the officers at the POE may not know the policy which the Nebraska Service Center follows in regards to TN applications. The officer at the border may incorrectly deny you TN status based on your pending I-130, and there would be no use convincing him that he is wrong. You didn't mention if your I-130 was denied due to the missing signature, it just have been a RFE. This may not be the exact answer you were hoping for since filing by mail may take a few months instead of a quick hop to the border, but its the safest route taking your situation into consideration.

If the I-130 was in fact denied (not just RFE, which would mean its still pending) then you have a better chance of getting a TN at the border, but I suggest that you bring the I-130 denial letter to show the TN officer.

As a note for the future, once you apply for your I-485, you've shown clear immigrant intent, and you will no longer be eligible to reapply for TN status since TN deos not allow for dual intent. At that time you'll need to apply for an EAD for permission to work, and also an Advance Parole for permission to travel. While your I-485 is pending, your TN would be valid until one of the following 4 situations causes it to be voided, whichever happens first.
a) Your I-94 expires.
b) You use your EAD to work.
c) You use your AP to travel.
d) Your I-485 gets adjudicated.
 
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Thank you both for your responses.

I'm not sure what an RFE is. We received an I-797C Notice of Action with a receipt number and a space that says, "Notice Type: Rejection Notice".

If I am denied a TN at the border, might they still let me travel back to the US or might I be denied altogether? I was going to book a flight to Canada and back in the same day. Could this be a problem?

Curious George, I have read other postings by you that recommend a car border crossing but I would not have a car in Vancouver unless I rented one (which might be another problem).

Bzuccaro, I don't understand your recommendation here: "You will also have a better chance of renewing your TN if you pursue immigrant visa processing, rather than adjustment of status." If I was successful receiving a TN visa, would I not then continue with the regular I-130, I-485 etc etc??

Any thoughts?
Thanks so much.
 
confusionreigns said:
....."Notice Type: Rejection Notice"......
Ok, your case was denied. RFE stands for Request for Evidence, which is issued when the officer wants more info, but has not yet denied the case.

confusionreigns said:
.....if you pursue immigrant visa processing,.....
confusionreigns,
bzuccaro is recommending consular processing, whcih requires you to travel to the US consulate in Canada for an interview when the time comes to adjudicate your case. Unlike an I-485, consular processing does not conflict with you applying for a TN. You can keep renewing your TN up until your consuilar interview without any concerns.

I recommend land crossings in the cases where people are unsure of thier eligiblity for a TN. At least you don't waste the money for a plane ticket and find out you need more info for the officer and you need to get anohter plane ticket. If you have no car, and you intend to rent a car, then make sure the rental company will let you drive the car into the US. Some rental companies have such restrictions.
 
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Thanks again to both of you - I really appreciate the quick response! Wish me luck, if that is part of it takes! I'll post my results to the board later in case anyone else has a similar situation.
 
Help!!

Well I flew to Vancouver, hoping to fly back the same day. I was denied entry because they claimed that my marriage to US citizen showed intent and therefore I did not qualify for a TN. I was denied any entry to the US and told that I would have to complete my immigration based on the marriage from the Canadian side of the border.
Now I am stuck here without a job, my home, or my husband!!!!
Any comments on my options at this point would be appreciated.
For example, should the company that hired me apply through Nebraska (it was mentioned on earlier thread that Nebraska processed TN visas differently than border guards)?
If I just continue with immigration route, do I re-file the I-130 but with new address information for me? (Cdn. vs. my US address).
Any idea of how long I might be stuck on this side of the border??
Still in shock - thanks for any help.
 
How did they find out you are married to a USC? This is not asked as a standard question at the POE. Did you make the mistake of crossing with your wife?
 
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