Renewing a TN while applying for a DV GC

[grise]

I recently won the dv lottery. I am French and my boyfriend has a double citizenship, French and Canadian. He has been working for three years in the US, using TN status.

When I received the notification letter, we quickly decided to get married so that he gets a GC too. We are about to send pack the nl package. However, my boyfriend's TN status ends on January 1st 2009, most likely before we will get the interview GC.

Will he still be able to apply for TN status in January or will they consider he has an immigration intent since he applied for a greencard with me ?

A solution would be to renew the TN right now, pretexting a change in job title for example and send the package right after... that would buy us a full year and plenty of time to get denied / approved.

In this case, how long after we send the package are we marked as requestion a GC ? If we send the NL package now and he applies for a TN in two weeks, is that OK?

Anyone with a similar experience ?

 

[nelsona]

He can send in his I-129 now, since it is less than 4 months until renewal. He would not need any 'pretext[ to do this.

But, generally, since you will most likely be going thru the Consular Process, he will not be considered to have immigrant intent until the interview (since this will be held outside US and he will not be 'adjusting' to GC from wihin US) thus he should not have a problem renewing or entering on TN.

There is another poster on this board who also went DV while on TN and had no difficulties.

 

[TNDV2008]

I recently won the dv lottery. ?

Congratulations!!!....I won DV in 2007 for the 2008-DV selection while on TN...which DV year are you? 2009?

When I received the notification letter, we quickly decided to get married so that he gets a GC too...

WHOA!!! expect to get grilled for what may seem to be a "marriage of convenience" i.e. date of marriage is right after 1st NL. You may need to show proof that the relationship existed way before the winning, and the wedding ceremony was not some quickie agreement

Will he still be able to apply for TN status in January or will they consider he has an immigration intent since he applied for a greencard with me ?

I confirmed that USCIS systems are not connected to the State.gov (consular HQ), therefore renewing TN is not an issue. BUT, with these days of systems intergration, things can change as time goes, so he may want to consider TN mail-in renewal

A solution would be to renew the TN right now, pretexting a change in job title for example and send the package right after... that would buy us a full year and plenty of time to get denied / approved.

No need to do anything job-wise...But the BIG QUESTION IS: what is YOUR current status in US?

In this case, how long after we send the package are we marked as requestion a GC ? If we send the NL package now and he applies for a TN in two weeks, is that OK?

There is no exact "# of days" before you get called, but there is a historical reference found on State.gov site Visa Bulletins where you can locate each months of prior years within the DV section. Your case # will determine when in the calender year you get selected

Also browse this section of the forum...you will find other europeans who have gone thru the DV process DV lottery Room


Good luck!!

 

[nelsona]

I confirmed that USCIS systems are not connected to the State.gov (consular HQ), therefore renewing TN is not an issue. BUT, with these days of systems intergration, things can change as time goes, so he may want to consider TN mail-in renewal

The CBP can ask however.

As I said, consular processing (and this applies to EB and FB as well as DV) obviates the need to prove you don't have immig intent, as you MUST by definition, leave the country to get your interview. Thus any entry prior to this cannot be considered to have immig intent.

 

[grise]

Ok, if I understand correctly he doesn't even need to strategically renew now, he may as well renew in january since we'll have the CP most likely later than that. Right ?

WHOA!!! expect to get grilled for what may seem to be a "marriage of convenience" i.e. date of marriage is right after 1st NL. You may need to show proof that the relationship existed way before the winning, and the wedding ceremony was not some quickie agreement

Yes, we are quite aware of that. We've been living together for three years and can prove it (e.g. bank statements sent to the same address for each of us). The marriage was a quick Las Vegas thing though, with a full prenup.

 

[TNDV2008]

Ok, if I understand correctly he doesn't even need to strategically renew now, he may as well renew in january since we'll have the CP most likely later than that. Right ?

Q#1: What is your current status in US? (may or may not influence AOS or CP path of action)

Q#2: What is your Case #? (no need to post entire #, just 2009EU0002XXX is fine assuming the four digits are in two thousand range)

 

[grise]

I am currently in F-1. Case number is 2009EU00019***
Most likely we're going with CP

I already posted a few threads in the DV forum.

 

[nelsona]

Regardless of your current status, I would highly recommend going CP, for the reasons of keeping hubby's TN viable. With DV you usually don't have the luxury of carefully timing your submissions, so could see his TN jeopadized