TN holder getting married

Geemoney what you are saying is totally make sense, but my question to you is: I do have a friend who was a student and she went through the same thing ( change of status ) and now she is a USC.
I have other friends who were on TN and now they are USC.

what do you think? those are my friends not something I heard of...

are you going to be done with this threat when you become a USC or no?

Thanks
 
Well, General...

I wasnt trying to be confrontational or threatening.
I am not disputing what you or your friends did or may do, I am merely pointing out that the advice given to me (3 months ago) was that once you pass the interview you are not in the free and clear that these files can be reviewed in the future. (They dont just disapear into some black hole once you get your stamp.)

If it is ok to marry on a TN then why would it be a problem to tell the immigration officer? Lying is lying and ignorance of the law is never an excuse. TN's do not allow for immigration intent.

But hey, I have my I-551 stamp and I dont have to look over my shoulder worrying if they will ever review my case. All I was saying was consult a knowledgeable attorney for the reason mentioned, not to get in a debate about who has done what. Dont bury your head in the sand and assume everthing is going to be ok. Cover your bases whenever possible. This is your life/livelyhood and the future mother of your children, why leave anything to chance?

I didnt take a chance and I have the peace of mind knowing that I did everything right.
I was just giving free valueable information that I came across during my TN to GC process and contact with my immigration attorney. Because I been there married and done that. Maybe my lawyer was blowing smoke up my butt, who knows -it didnt cost me any extra for the piece of mind.

But with any free information available on this site merely look to the disclaimer at the top of this board "We take no responsibility for accuracy of information provided. Please use at your own risk."

So in the end ..... do what ya want.

(in a non confrontational or threatening way) Peace out!
 
I’m going to make this short and “direct” as much as possible.
I asked you when will someone have a clear mind after committed whatever you have said misrepresentation… etc. After getting the GC or after being USC?? or you will have this threat all your life? You did not answer

I said: you totally made sense with your comments about the case, but all other questions for you were about the way of saying things and suggesting things and putting these funny faces….

All I’m trying to tell you and according to your analysis technically Nobody can get married being on TN visa or other visas with single intent.

So what is the point hiring a lawyer?? I don’t know… it is cut clear you just can’t get married this way ……..and your answer was it is not illegal to marry a USC.. well thank you, I didn’t know that before!!

You said: I didn’t take a chance and I have the peace of mind knowing that I did everything right.
I thought you have said: I had already married and committed the misreprentation

You said:
Maybe my lawyer was blowing smoke up my butt, who knows -it didn’t cost me any extra for the piece of mind.
I thought you said you filed for some strange form that I never heard of…a waiver I-601
So Is it something that your lawyer told you or something did happen??

you are saying: But with any free information available on this site merely look to the disclaimer at the top of this board "We take no responsibility for accuracy of information provided. Please use at your own risk."

I though I was talking with you about your real case, why you referring to the site disclaimer?? so you are trying to help us "me" and when we ask you questions you refer to the site disclaimer???

You said “The are other options available such as applying for a fiancé visa while on the TN.“

Are you telling me being on TN and get engaged and somehow announce that to the immigration will smoothing up things for the dual intent? And we won’t have a problem after that?? “I’m being sarcastic”

Sorry, but you were just not being clear, you were trying your best to be confusing, if you have a story to share then tell us exactly what happened without confusion, if not then I think you are wasting my time.

Thanks.
 
TN's do not allow for immigrant intent....Translation: If you have immigrant intent, or if the officer can show that he beleives you have immigrant intent at the time when you are attempting to enter in TN status, then he can deny you TN status.

What happens after you entered using TN status, is a little different....

As one court put it, “there is a great difference between wanting to stay and intending to stay and proof of a desire to stay is not proof of an intent to stay.”
Choy v. Barber, 279 F.2d 642, 645-46 (9th Cir. 1960)

After you get your TN, and THEN you suddenly get the desire to have immigrant intent by marrying a USC and filing an I-130/I-485, you are no longer eligible for a new TN. This action in-and-of-itself does not cancel or void your curent TN as long as you are still in the US at this point. It does however make you inadmissable in TN status. Inamissable does not mean you should get deported. It simply means you cannot enter the US in TN status, this includes your current TN status.

To rectify this problem, the only thing you need is an Advance Parole the next time you enter the US. With an Advance Parole you would not be entering in TN status, and therefor you would NOT be inadmissable.... You would be admissible in "AOS Pending" status.

Many people have gone through AOS starting in TN status through marriage, DV, and employment sponsorships. It hasn't "haunted" any of them AFAIK. I've never heard of anyone other than Geemoney's lawyer requesting that a waiver be filed. I suppose it can't hurt, but I'm also challenging its worth.

Geemoney, did your lawyer state what types of problems you could encounter if you didn't file the waiver? I ask, since I have not heard of any issues that a waiver like this could prevent.
 
cdnchris said:
Another thing is that you could extend your TN through mail if you're nervous about the POE. You're still allowed to work up to 240 days past the expiration of your old TN while your new one is pending. It's a little more, but might set your mind at ease.
Click to expand...

You get UP TO 240 days as long as the application is pending.

The problem arises if some files AOS while I-129/TN is pending and even more problematic if someone files AOS after the expiring of the I-94.

A pending I-129/TN is NOT a valid status for AOS. TN status is validated only if I-129/TN is approved. Filling AOS can kill any pending I-129/TN.

Proceed with caution.
 
Generally like me here, had the TN, got married, got GC etc and now have my Naturalization comming up in a month. The big thing is, yes, a TN is not a immigration intent document, however, the main this is once you get married, things get waived. So even if they knew you were on a TN like mine, they couldn't care less. You will apply for your AOS and once you get your EAD and AP docs, then the TN and all thoughts of it are forever forgotten by the INS.

This issue is of course travelling with the TN document out of the country before getting your AP and being married that can cause a problem and be denied comming back into the US.

As you stated, you're holding off until you get the AP docs, so boom all your issues are solved. I'd just apply for a new TN (up to 6 months before your current one expires) just for a safety net. And until your EAD comes in. Since you'll still be able to work on the TN until that document comes through. If not you could risk having your TN expire before getting your EAD and then you wouldn't be legally able to work until you do get it.

Like I said, I got married with I think 4 months left on my TN, and nothing is ever thought of about my old TN. Even my Naturalization interview comming up will have nothing about the TN or even care that I was ever on one...
 
DBEL said:
The problem arises if some files AOS while I-129/TN is pending and even more problematic if someone files AOS after the expiring of the I-94. A pending I-129/TN is NOT a valid status for AOS. TN status is validated only if I-129/TN is approved. Filling AOS can kill any pending I-129/TN.
Click to expand...

If one is married to a US citizen, one does not need to be in legal status in order to file an I-485. So long as one was legally inspected, the I-94 could be expired for a decade without any consequences to the AOS approval.
 
warlord said:
Like I said, I got married with I think 4 months left on my TN, and nothing is ever thought of about my old TN. Even my Naturalization interview comming up will have nothing about the TN or even care that I was ever on one...
Click to expand...

warlord, do you mean you have gotten your marriage certificate and left 4 months for you TN to expire and you applied right away for your EAD and AP?
or you got married and you waited for the marriage certificate and continue the whole process of status change within 4 months?

Thanks
 
GeneralG said:
warlord, do you mean you have gotten your marriage certificate and left 4 months for you TN to expire and you applied right away for your EAD and AP?
or you got married and you waited for the marriage certificate and continue the whole process of status change within 4 months?

Thanks
Click to expand...

What I did was my TN was to expire in Nov. In Jun or July I applied by mail for a new one (to be active after Nov as you use to be able to apply 6 months I think before the current one expired). With that, sent off, we got married at the end of July. Sent off all the AOS right away (I think first week of Aug) and then the EAD came in at the start of Sept and the AP mid-sept. With that, my current TN was useless, and the one I mailed in for to start after the current one expired was also useless.

I just did that to give me an extra bit of security that if I hadn't gotten the EAD by the time my current TN expired, I could still theoretically work on the next one. The main thing is I did this BEFORE I got married. Once you submit the AOS docs, then you cannot apply for a new TN. Either way, I didn't have to wait long for the EAD and I didn't need to fall back on the security of the TN at all...
 
warlord said:
With that, sent off, we got married at the end of July. Sent off all the AOS right away (I think first week of Aug) ...
Click to expand...

Besides the AOS forms that you have sent right away, don't you need to send a copy from the original marriage certificate that you received by mail?
because I heard that this will take sometime also, but with you it seems that you got it "the marriage certificate" in a week!

Thanks
 
It took about a week I think, it was pretty quick. It all depends on where you are I guess. The main thing that sped things up was we filled out as much of the AOS forms before the wedding so that after we got married we could easily send it off. If I remember it was a little frustrating and time consuming filling out all the forms...
 
warlord said:
What I did was my TN was to expire in Nov. In Jun or July I applied by mail for a new one (to be active after Nov as you use to be able to apply 6 months I think before the current one expired).
Click to expand...

Hi warlord,
I had my 6th TN all new ones from border, never applied for renewal so far.
how long does it take to get something by mail for your TN renewal and then it will be safe to apply for Status change?

Thanks
 
Well it's the same as applying for it at the border, but you mail it in instead. There is no such thing as a 'renewal', it's alway an application for a new TN for the next year. I can't remember exactly how long it took as this was a few years ago and I don't know if it's the same nowdays or not with the time frame. For my case anyways, I sent the application form for the new TN in June and I think I got a notice saying they had recieved it about 2 weeks later and it was going to be checked. I think I then did the AOS and when I got my EAD I just abandoned the TN (the one I was currently on and the one for the next year).

Like I said it was a few years ago, so I can't quite recall if the next TN officially did get approved or not by the time I filed for the AOS and when I got my EAD, but I think that's the way it was...
 
so according to this, now the question is it legally right to file for TN through a mail and file for AOS without waiting for a approval or an update for the mailed TN?

Thanks
 
GeneralG said:
so according to this, now the question is it legally right to file for TN through a mail and file for AOS without waiting for a approval or an update for the mailed TN?
Click to expand...

My 4th TN still had 4 months left on it when I filed my 5th and last TN application by mail at the Nebraska Service Center (March 2002), and about a month later (April 2002) I filed my I-485, EAD and AP applications. I didn't wait for the TN to be approved.

My EAD showed up in a month, the AP showed up in 1.5 months, (both in May 2002) and the TN showed up in almost 3 months (June 2002). They were all approved. I continued to use my TN at work, since I didn't need to travel, and I never switched jobs. When the TN was about to expire I filed a new I-9 with my employer and used my EAD for work (June 2003). My I-485 was approved eventually as well (Nov 2004).
 
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GeneralG said:
so according to this, now the question is it legally right to file for TN through a mail and file for AOS without waiting for a approval or an update for the mailed TN?

Thanks
Click to expand...

If you file for a new TN, they don't know you're getting married. Then file the AOS. You just can't file for AOS (intent) and then file for a TN (non-intent). So you'd have to have the TN already in their hands before doing the AOS. If they notice you have a TN already in and then a AOS a few months later, they either still process the TN which is what happend to me and curiousGeorge above, or they may just remove it and just process the AOS.

Either way, just make sure you do the TN before the AOS and there won't be a problem I don't think. Of course curiousGeorge and I did this a few years ago, so not sure if things have changed at all. When we did it, there was no issues...
 
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