TN expires before EAD arrival, spouse of TN holder

[itgirl33]

Hi Everyone:

My TN will expire soon, I-485 has been filed, EAD and AP applied along with that too.

My question is

1. Since my spouse is on TN status, will I be eligible to stay in US till my EAD & AP arrives?

2. To be in status (legally in the US) do I have to file a TN renewal by mail?

I do not want to do anything that will risk my I-485. Work is not my priority right now.

Thanks for all your input.

 

[bigboy00]

Hi Everyone:

My TN will expire soon, I-485 has been filed, EAD and AP applied along with that too.

My question is

1. Since my spouse is on TN status, will I be eligible to stay in US till my EAD & AP arrives?

-- Yes, your status will be "pending AOS" (officially when you receive your receipt number for the I-485). You will not be able to work though without an EAD / TN.

2. To be in status (legally in the US) do I have to file a TN renewal by mail?

-- No. see my response to your question 1 above. File TN renewal by mail (without premium processing!) only if you intend to use the 240 day grace period to continue working on the TN.

 

[nelsona]

It is your pending I-485 that keeps you in status, as an "adjustee". Your EAD will be the only thing that allows you to work (unless you get an H or L status).

 

[itgirl33]

-- Yes, your status will be "pending AOS" (officially when you receive your receipt number for the I-485). You will not be able to work though without an EAD / TN.

So, in between my TN expiry date and receiving my reciept number for I-485 am I legally eligible to stay in the US. I know I can't work, but being a TN holder's spouse can I legally stay in the US?

I read on the government website that spouses and children of TN holders who are Canadian citizens do not need a visa. Is that true? I do not want to be an illegal alien here.....

Please advice, thanks for all your input

 

[bigboy00]

So, in between my TN expiry date and receiving my reciept number for I-485 am I legally eligible to stay in the US. I know I can't work, but being a TN holder's spouse can I legally stay in the US?

-- In your case, you can stay in the country not because you are spouse of a TN holder, but because you have applied for the AOS before your status expired. Yes, I belive you can stay legally between the time of your TN expiry and getting the receipt of your AOS application.

I read on the government website that spouses and children of TN holders who are Canadian citizens do not need a visa. Is that true? I do not want to be an illegal alien here.....

-- This is correct, but does not apply in your case. Because even if you do not need a visa, you do need some status. Your existing status has expired (or will expire soon) and your "pending case" gives you the new status. Without the "AOS pending" status, you would be considered illegal after the expiry of your TN status.

 

[nelsona]

I belive you can stay legally between the time of your TN expiry and getting the receipt of your AOS application.

she can, because the filing is the key, not the receipt.

 

[itgirl33]

Thanks a lot for all your input. Gave me peace of mind