TN - GC with USC

naive24

naive24

New Member
In a bit of pickle here, been on TN since Oct 2022 expiring this month. Lawfully gained most recent entry into US in August 2025. Married my fiancé who is USC on 10/01. Now not sure what to do as TN is expiring in three weeks:

- Have employer apply for TN extension via USCIA with premium processing and buy more time before filing for AOS, I-130, I-131, I765 ? This will allow me to continue work, have more time and apply for GC
OR
- Apply for AOS, I-130, I-131, I765 right away ?

Need to continue to work and maintain lawful presence in US.

Thoughts?
 
TN extension is needed for you to be able to continue working. The best way would have been to get married AFTER your TN is extended.
Your TN will be denied if you apply after filing for I-130.
 
As bigboy pointed out, unlike I-140 which has special treatment for TNers, I-130 family based petitions do not allow TNers to enter or renew TNs.

So you need to
1. Apply for TN extension ASAP. Do not leave the country
2. Wait for approval. Do not leave the country.
3. 60 days after approval, submit I-130 etc (to avoid presumption of fraudulent I-129) Do not leave the country.
4. Only after getting EAD/AP can you then leave country.

Should have come here before ....
 
Copy that. Based on the response, I shall be proceeding with immediate steps:

- have employer file I-129 with premium processing for TN renewal and do not leave the country until approved.
 
.... and don't leave until your AP/EAD is approved. Otherwise you could have to wait outside US for consular processing of spousal visa. Leaving the country on TN, while married to a USC who lives in US, without an AP/EAD can get you locked out
 
TN Expired on October 27 2025. Filed for TN extension [I-129 with PP I-907] with USCIS on Oct 9, package received on Oct 14 2025. Was notified on October 28 by USCIS that application for petition was rejected due to incorrect fee for I-129. Since employer has less than 25 FTEs, fee required to paid is $510 instead of $1015. Employer needs to re-submit the package again with revised fee for $510 and ofcourse, PP fee.

I am now out of status. Should I leave US as dont want to jeopardize future GC application with unlawful presence in US as on i-94 TN status is expired?

All guidance and help will be appreciated.
 
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Ouch.
Since you are now out-of-status, you cannot simply extend your stay with an I-129, as it will not be considered timely filed. . Even if you re-submit 1-129, you will need to leave/re-enter after approval.
I would quickly consult a lawyer, to see if the original I-129 submission date is still valid. If not, since you will have to go to border in any event, I would go NOW - ALONE - with a border petition. Although it is risky, you cannot work at this point, nor can you file an I-485.

That was indeed a costly mistake by your sponsor.
 
I am married to USC, should I have my wife file I-130 and I should file I-485? And also, file AP and EAD with Premium Processing?

Because, if I leave and TN is denied at the border. I am locked out of the country and have to go thru consular for GC application and processing.
 
Now my final questions are:

- Should I renew TN status still with USCIS with PP and get a note to see if the original submission date of I-129 will be still valid ?
OR
- take the required paperwork and go to border to TN in person?
OR
- just apply for I-130, I-485, EAD and AP and wait for EAD to come to work again but still be in US and not go back to Canada?
 
Yes, we know you are married to a USC. All our responses on this thread have taken that into account. That is why you have a problem.

You cannot work right now, as of yesterday, and the I-129 will not get you back in status until you take the approval to the border, And it offers no grace period, since it was not timely filed. Filing I-130/I-485 etc (which you can right now due to your USC-spouse) will not allow you to work until you get EAD, which will be months away. As soon as you do file I-130, there is even greater risk of border denial of entry.

Not sure what you mean by "get[ting] a note" regarding your original I-129. If your petition had been RFE'd then it would still be viable, but a denial is a different case. I believe that the original filing date no longer applies. That would be where a lawyer would be advisable.

Today, no one knows that you are married. So the risk of being denied entry -- although existing -- is far less that after filing I-130.

So the 3 options you outlined:
1. Not really practical, as it doesn't avoid going to the border, Can't work until you get an I-94
2. Possible, with risk. If it works, you are fine to get back to work, and can file I-30 etc after 60 days.
3. Long period out or work.
 
naive24 said:
In a bit of pickle here, been on TN since Oct 2022 expiring this month. Lawfully gained most recent entry into US in August 2025. Married my fiancé who is USC on 10/01. Now not sure what to do as TN is expiring in three weeks:

- Have employer apply for TN extension via USCIA with premium processing and buy more time before filing for AOS, I-130, I-131, I765 ? This will allow me to continue work, have more time and apply for GC
OR
- Apply for AOS, I-130, I-131, I765 right away ?

Need to continue to work and maintain lawful presence in US.

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You can file the I-130, I-485 (AOS), I-765 (work permit), and I-131 (travel) right away. Once the I-485 is filed, you can remain in the U.S. legally even after your TN expires, and the I-765 lets you work while it’s pending. A TN extension is optional and only serves as a backup; it’s not necessary if you file for adjustment of status now.
 
nelsona said:
.... and don't leave until your AP/EAD is approved. Otherwise you could have to wait outside US for consular processing of spousal visa. Leaving the country on TN, while married to a USC who lives in US, without an AP/EAD can get you locked out
Click to expand...
FYI: AP + EAD are no longer automatically provided at the same time in a combo card. Speaking from experience, you ought to get EAD within a few months. But AP might never show up.

So if you only get the EAD, make sure you don't leave the USA!
 
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