Marrying an American Citizen

G

Giova

Registered Users (C)
Hi all,

I am gonna try to make my question as simple as possible...

My boyfriend (who is now an american citizen :D) and I are getting married. I am currently on a TN status.

Questions:
1. If I want to submitt my papers for a GC / work permit, what are the steps?
2. How does this affect my TN? Am I out of TN as soon as I submitt them?
3. How long does it take to get the work permit?

THANK YOU!!!
 
Your best bet is to look at a site like visajourney, looking for TNers who married USC's.

First off, now that you are a 'fiancee' you need to be careful crossing the border so as not to let this be known, as even this will be considered sufficient to disallow you entry on TN (and make you wait outside US for a fiancee visa). So be discreet.

Assumimg you want to continually work during this period, the steps are (in as much detail as I'm going to give):
1. You must have at least 5 months left on your TN AND you should not have renewed or crossed the border in TN status for at leat 45 days when you submit your papers. So plan for 6 months left in TN and 6 months staying put in US.
2. Get married in US and honeymoon in US (you can't leave US during any of this period).
3. File I-130/I-485/I-131(AP)/I-765(EAD) all at same time, following the current filing procedures. Your TN remains valid, but can't be used to enter the US. Therefore you need to migrate to EAD to work (which will take 2-3 months) and need the AP to leave US (which could take longer). So plan to be in US for 4 months after your papers are sent. Leaving US without AP will mean your I-485 is cancelled and you will need to resubmit it, if even possible, or wait outside US several months until you get a Green card at the consulate. Leaving US without EAD, will prevent you from working, as you cannot enter on TN anymore, and will need to have the EAD in hand to resume working.

So, your timeline is going to be greatly influenced by how much time you have on your TN. And if your really insist to marry or honeymoon outside US, then I suggest getting civil marriage in US, and then having a ceremonial wedding or honeymoon later, after you have your AP/EAD.

mahzeltov
 
Last edited by a moderator:
Listen to nelsona very carefully. The biggest resounding fact that he is offering is DON"T TRAVEL if possible. We get these posts all the time and people have already made elaborate plans to have a big wedding somewhere else, then travel to another country and then try and come back, only to find out that they have shot themselves in the foot. The deposits have already been made and the guests have already accepted.

City hall marriage and reception at McDonalds and then you can go right back to work.
 
ok, got it! NO TRAVELING!
Thanks again for the explanation and great answers. What would this site do without you NELSONA and SIMSD???!!!
 
Yes definatly have as much time as you can on your TN. For example since I got my GC through this method a number of years ago. What I did was applied for a new TN in June I believe and then we got married at the end of July. This way if anything happend or was taking a long time, I still had almost a year left on the TN.

Once they receive and start processing your TN is when you are in the red zone (no travelling etc like has been mentioned).

EAD/AP varies from person to person from service center to service center. Mine came a in about 3-4 weeks. I've heard others take months and even a few over a year (though that's not the standard). Not sure what it's like now and of course this again will vary from person to person and center to center.

Other then that the forms are the most frustrating things to get together and do. We were luckly and my parents thought it would be easier and paid for a lawyer to do all that. Costs a few thousdand, but it was done right. Some people have delays because the forms aren't always laid out in an easy fashion and a lot of times they won't ask for something, but will require to you just know what to send.

Not sure on average, but my GC came 5 months later from when I submitted my documents. Of course some are a lot longer.

Anyways as was already posted, the big things are a) Lots of time on your TN and b) Never leave until AP comes in...
 
Once they receive and start processing your TN is when you are in the red zone (no travelling etc like has been mentioned).
Click to expand...

I think you meant "start processing your I-485"
 
45 days?

nelsona said:
...you should not have renewed or crossed the border in TN status for at leat 45 days when you submit your papers.
Click to expand...

Is the purpose of the 45 day wait to take attention away from the fact that the TN renewal may have been requested at a time when the would-be immigrant had every intention to remain permanently? If so, I understand waiting 45 days from the renewal, but why wait 45 days from the last time applicant crossed a border in TN status?

Also, what do you think about renewing a TN at a U.S. pre-clearance station that isn't a natural place for processing TNs (in this case, Aruba). Applicant will be there at the right time of year, and processing on that trip would save the expense of a seperate trip abroad (likely to Canada). On the other hand, a lack of expertise in processing TNs at that particular border may lead to more scrutiny or worse, and getting stranded in Aruba would be...inconvenient. TN applicant is a dentist - there's no subjectivity to qualifications.

Thanks for your thoughts!

M
 
Each entry on TN carries the same 'promise' not to immigrate.

As to aruba, you would be safer going to some other island, and simply getting the TN at the regular POE. At a minimum, I might try this if my current TN was not expired (thus allowing entry on it). But I would not venture to get a NEW TN if my old one has expired. I would make sure that my I-129 is approved (premium if necessary).
 
McGill said:
On the other hand, a lack of expertise in processing TNs at that particular border may lead to more scrutiny or worse, and getting stranded in Aruba would be...inconvenient. TN applicant is a dentist - there's no subjectivity to qualifications.

Thanks for your thoughts!

M
Click to expand...


Well you would be applying for your new TN when you landed back into the US and then if possibly denied then yes you'd be sent back to the orign of the flight (Aruba). There had read of one case where someone was denied the new TN at the Mexican border and they had quite an issue trying to get out of there, so it's possible of a denial, though not sure how often that occurs...
 
warlord, Aruba has PFI just like Cdn airports: there is no US POE after this.

Just so we are clear: Other than Canada, PFIs exist (exaclty like the Cdn ones) in Bahamas, Bermuda, Aruba, and Ireland.
 
Last edited by a moderator:
nelsona said:
warlord, Aruba has PFI just like Cdn airports: there is no US POE after this.

Just so we are clear: Other than Canada, PFIs exist (exaclty like the Cdn ones) in Bahamas, Bermuda, Aruba, and Ireland.
Click to expand...

Ahhh ok, I thought it was just Canada that had US immigration at departure rather then on US arrival.

So yeah, you just wouldn't even get on the plane then if it was denied and the TN was out of status...
 
Do not get a lawyer...

Since you are on a TN, I am assuming that you have a degree and therefore are reasonably intelligent. People may say to get a lawyer, but this would be the biggest waste of a few thousand dollars ever! If you can read and write, you can do the paperwork. I just went through this without a lawyer and did not have one snag whatsoever. Again, if you can read and write, you are all set. If it cost $50 then I would say to get one, but it's like 3-4000 dollars. DO NOT DO IT!... Lawyers will give you horror stories because they want you to pay them so you feel safer... there is no need. Just make sure that you answer the questions on the forms and that you hand in everything that they need. Even if you don't submit everything, they will send you a letter saying what you need to send him... Really not that scary. GOOD LUCK and NO NEED FOR Lawyer.... but this is just my opinion, and was what I went through... I applied in April 2008 while on a TN, and got my green card in September 2008.. all without a lawyer.
 
If you get married in America, to an american citizen, you are by law an american citizen by marriage. I am just wondering if its possible to get married in the United States entering the island with the visa.
_______________________________________________________________
Carhartt Clothes budapest property
 
Yeah trust me if this were true I would have been able to get my US citizenship in 2003 rather then 2006. You'd be amazed though how many people think that this is how it works though especially from Canadians.

I had so many friends so confused that I wasn't a US citizen when I got married, they had no concept of AOS, Conditional Green Cards, Permenant Green Cards, Interview, Oath ceremonies etc...
 
You must log in or register to reply here.
Top