So confused!

C

canrn

New Member
I am a Canadian citizen, RN here on a TN visa which is due to expire at the end of this month. I became pregnant a month after I got my TN and now have a newborn...My now husband and I got married in Feb this year...I was under the impression that I could renew my TN (and have a flight booked to visit my family in Canada for the end of the month). Originally we weren't sure if we would stay here in Ca, or move back home to Canada. My husband is a US citizen.
I recently heard that I cannot enter the country with a TN any longer since we got married and I have an american born daughter.
Several questions have I....

1. If we do choose to live here permanently in Ca, how do I keep working? On what visa. I understand that the green card fees are hefty...is there a visa that i would qualify for until I start the green card process?

2. At border when i make my entry after visiting my family in Canada, what do I ask for/tell immigration officials? Will they only let me in as a visitor as I have not started any paperwork on my green card?

3. If we did choose to live in Canada but wanted to keep working here to save up for the move then could I gain a TN visa since I wouldn't have the intention on staying permanently?

so many questions I'm sorry! Just want to work and save up to pay for the green card fees and I fear that now I may not have time on my side...Can I apply for the i-765 without submitting my i-485? or is the ead only approved based on a submitted application for i-485?

Thank you to anyone who can help!
 
Your american-born child is not a problem; it doesn't tie you to US... your American husband however does!!

First off, are you currently fulfilling your TN? Are you working or on mat leave or FMLA?

If you are working, when does your TN expire?
 
I am just starting 6 wks of fmla...I never even thought if that would be an issue?!!...I had been fufilling it prior to taking the mat leave...
 
There are a lot of thing you haven't thought about.

You better get some legal advice soon or you're going to find yourself living north of the border and your husband staying south.
 
that was kind of a harsh response...all you had to say was you didn't know and it would be a good idea to speak to someone who knew what they talking about...

I went on this forum for help... not to be given sarcastic advice.
 
I'm being nice relative to some of the stuff that flies around here. I guarantee you everyone's thinking the same thing I am.

Get some legal advice.
 
Simsd might have been blunt, but he was correct. There have been posts on TN forums from Canadians who have been denied entry to the US solely because they are married to Americans. This doesn't happen to every married TN holder, though; some border guards are stricter than others. It certainly is possible to go from TN to green card on the basis of marriage - I did just that. If the timing is not right, however, things can get tricky. That's why you were asked about how long you have left on your current TN. If you have several months left, that's good. If you have a few weeks left, that's not so good. I also suggest you see an immigration lawyer stat.
 
I hope you're traveling alone and not with your husband and child. As soon as you come back the red flags are all going to come up once you are at the border.

The border officer will ask "So you're Canadian and you child is American"? "Is your husband American?". Yes? "Then I can't give you a TN as you will have intent to stay".

Did you just get married on the spur of the moment? From your post it appears that is what you did. Did you get and legal advice as to how to go about all of this. Under no circumstances would I leave the country until all of this is sorted out or you may have a real mess on your hands. Since you have done nothing about your TN in terms of renewing, you could do it by mail while your here or go down to San Ysidro border ALONE - no husband and no child and renew it there.

Under no circumstances should you travel together if you want to continue working. DON'T LEAVE UNLESS IT ABSOLUTELY NECESSARY!.
 
You will need to file for AOS and get the EAD. Since you're married I can't see any other status for you to work on. Now if you both lived in Canada then I'm not sure how that all works, though.

If you visit Canada then you definatly now risk being denied entry. You need to file for AOS and wait for your AP documents to travel. They won't let you in as a visitor without strong ties that you are living in Canada considering your husband is still in the US.

Best bet is to stay put and file for AOS as soon as you can. Get your EAD/AP and then you can work and travel without worry...
 
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