TN marrying USC - best approach

F

fire101

Member
Great site! I have seen similar questions but they seemed dated, so hopefully someone can verify what I have in mind...

Have been redoing TN annually since 2000 (denied once at Mex. POE in 2002, but approved every other time at Buffalo POE and once at Mex. POE) and have opportunity for long term here at the company. I 'redo' my TN at xmas time.

If I redo the TN (with no intentions of anything but leaving at the end of the TN term), then marry in US, then file the paper work to start the process... that part is simple, right?

I have read where people have had no problems doing this, and were able to continue working with no problems. My main concern is being able to work. If I file paper work that isn't approved before the TN expires, will they approve me for one to continue working now that I have shown intent to stay?

Sorry for the length, and thanks in advance for your help!!!

(edit) Note: I have had SSN, CA drivers license, good credit etc. for 5-6 years here
 
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ur TN visa expires at X'mas time, right? so you have 8 months.

if you get married now, and then file 485+765(EAD) soon, you should be fine. becoz EAD takes 60-90 days, worst scenario, if you don't have EAD after 90 days, you can get iEAD(read other posts for timeline and process). That means you will definitely get EAD before your TN expires.
 
I don't know if there are any special rules for those TN visas, but if it is treated like most other non-immigrant visas, and you marry a US citizen and apply for AOS right away, you can also file an EAD application (work permit) at the same time, which should be approved within 90 days.
If not, you can get an Interim EAD after those 90 days have expired. So wouldn't have to apply for another TN.

Only problem might be to explain a non-immigrant intent, later at the interview, since you obviously will enter with the intent to stay, as you said. Especially when you have known your future spouse before you entered this time. But as I said, I don't know very much about this, so stick around and wait for more opinions on this, ok? :)

I would also see if you could find something in the "Other temporary visa" forum, maybe they know more?

Hope I could help a little!
Good luck :)
 
Thank you for your replies... I have some things to think about.

What, in your opinion, are my odds of being successful with the above? Like 80-100%?

Thanks...
 
It is difficult to estimate things like that. There are so many issues to do with the USCIS that it sometimes seems like they are full of surprises. :rolleyes:

But if your marriage is genuine I don't see why there should be any problems. You still have enough time to get married and apply for AOS and EAD before your current TN expires. From what you said so far, I think you will be fine.

About the other thing that I said: I don't know if they will ask about your immigration intentions when you entered. And I don't know whether they would really deny you if you said that you did have intentions to stay.
It would be helpful to find another TN who married a USC, got approved and could share his interview experience.
But a lot of people entered on a non-immigrant visa and got married later. I read their interviews, and when they were asked if they had an intent to stay when they entered, they said no, and that was fine.

You could also make an Infopass appointment with your future spouse to talk to an IO and find out more about the whole process.
They will also give you a big stack of paperwork and information for it!

Also search the USCIS website for more info. www.uscis.gov
 
If you attempt to enter the US with the intention of getting married to a USC just so you could file for AOS, then you will most certainly be turned away at the border, regardless if you're holding a TN.

A TN Status is a temporary work permit for Canadians for work which is temporary in nature (Mexican citizens have to obtain an actual visa, also called a TN visa). Therefore if you enter the US through a TN visa, your intentions will appear to be for work purposes and of a temporary nature.

However if you happen to already be in the US on a TN and afterwards meet your future spouse and get married, all should be fine. Also, if your intention is to relocate temporarily to the US from Canada with your USC spouse for work reasons through a TN Status and later decide that you want to stay, you should also have no problems.

I myself have adjusted status while holding a TN (I have held numerous TNs since the late 1990's). I didn't have an opportunity to get an EAD as I received my green card before my TN had expired.
 
Jesse_t said:
If you attempt to enter the US with the intention of getting married to a USC just so you could file for AOS, then you will most certainly be turned away at the border, regardless if you're holding a TN.
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How would the officer at the POE know you have "intentions" of getting married, unless you offered this information, or if you cross the border with your USC fiance, and she has an engagement ring on? There is no place on any form to call this out, so as long as you don't offer the info, you should be fine.
 
curiousGeorge said:
How would the officer at the POE know you have "intentions" of getting married, unless you offered this information, or if you cross the border with your USC fiance, and she has an engagement ring on? There is no place on any form to call this out, so as long as you don't offer the info, you should be fine.
Click to expand...

Yep, if you cross the border from Canada into the US with your USC fiance accompanying you without a fiance visa, there is a likely chance that you will be turned away. The officer will surely ask what the relation is.
 
Here is my experience. My wife had a GC when we were married in 2003.
I applied for a TN in May, 05 and my wife received her citizenship in July, 05. Applied for GC Aug, 05 (I-485, I-130, I-131 and I-765)
Received AP in Sept, 05
Received EAD in October, 05
Interview in March, 05 and approved without any questions asked concerning my TN status.
Others have gone through the same experience. The thumb rule is to apply for GC when you have at least 4 months left on your TN. Also, you need AP in order to cross border. Do not attempt to cross border after GC application using your TN status.
 
I don't know if TN visas have any special consideration, but if we consider it as any other non-immigrant visa....

Once you file for adjustment of status, your status will be pending AOS and until your EAD is approved, I would think that you are not allowed to work. The minute you file for AOS, your previous nonimmigrant visa status is void because you have shown immigration intent. So in the time between the filing of the papers and the receipt of the EAD, you wouldn't be on TN, but on pending AOS. This latter status doesn't authorize employment unless an EAD is approved.

I might be wrong on this .... but you might have to stop work for 2-3 months. My EAD, for example, took only 51 days to get approved, which is less than 2 months....
 
detroitkam said:
Here is my experience. My wife had a GC when we were married in 2003.
I applied for a TN in May, 05 and my wife received her citizenship in July, 05. Applied for GC Aug, 05 (I-485, I-130, I-131 and I-765)
Received AP in Sept, 05
Received EAD in October, 05
Interview in March, 05 and approved without any questions asked concerning my TN status.
Others have gone through the same experience. The thumb rule is to apply for GC when you have at least 4 months left on your TN. Also, you need AP in order to cross border. Do not attempt to cross border after GC application using your TN status.
Click to expand...

I knew a fellow who's sister sponsored him for a GC while he was still in school in Canada. Several years later, he got an opportunity for a job in the US. He was able to obtain a TN at a POE while his green card application was in process. He actually renewed his TN yearly at a POE for about 4-5 years. No one ever asked him if he had a GC application in process. He finally got his GC after roughly 11-12 years after having filed the paperwork.
 
Pending AOS does not kill the TN status. It is not legal to renew it while pending AOS but you can continue to work just like H1 or any other work permit. I have done that and there are many others. If you still have concerns visit this forum, which exclusive deals with TN to immigration:
http://grasmick.com/board/?topic=topic1

I travelled to Canada during my pending AOS, ofcourse with AP and EAD. They tore off the TN visa from my passport and added a new I-94- No questions asked.
 
I travelled to Canada during my pending AOS, ofcourse with AP and EAD. They tore off the TN visa from my passport and added a new I-94- No questions asked.
Click to expand...

But if the status of pending AOS doesn't kill the TN status, why can't you leave the US and then return using it, like the H1 for example? And why did they tear off the TN visa when you entered using the AP?
 
For your information, your status does not change unless you cross the border. You are still considered to be on TN status as long as you stay in U.S after you file for GC. But, once you cross the border, your status officially changes to Pending AOS and your TN automatically cancels. While in U.S. if your EAD is approved, then your TN cancels. If one leaves the country without AP and EAD, there is no way he/she can come back with a TN status. If one leaves the country with only AP, on his/her return he/she cannot work under TN status. He/she will need an EAD. These are the laws for TN. Again, for more information visit: http://grasmick.com/board/?topic=topic1
 
So let's say hypothetically someone were to visit Canada while on a TN Status and after having filed for AOS. Now let's say that person were cross the border back into the US with his/her TN Status (no EAD), and was inspected by a US customs officer, then would that person be permitted to keep on working while holding the TN?

The reason I'm asking is on all my prior trips to Canada while holding my TN, not once was I asked if I had applied for a Green Card upon return to the US. Obviously most folks will not volunteer such information unless asked.
 
OK, I wrote a response to this issue.... then I realized WTF? I really don't give a rat's ass :)

Whatever....
 
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Jesse_t said:
So let's say hypothetically someone were to visit Canada while on a TN Status and after having filed for AOS. Now let's say that person were cross the border back into the US with his/her TN Status (no EAD), and was inspected by a US customs officer, then would that person be permitted to keep on working while holding the TN?
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If, (and thats a big "if") the officer at the POE does not notice that you have a pending I-485, then he will admit you in TN status, if that is the status you requested to to enter in. The office should not admit you in TN status at this point, since you've shown immigrant intent by applying for an I-485. But its has happened where people have entered in TN status with a pending I-485, only to find out it was a very bad thing.

By doing this, there is a risk that when the I-485 gets adjudicated, the service center (this is the second big "if") may notice that your last entry was in TN status.

This would technically render your I-485 as abandonded, and thus they would deny your I-485 upon adjudication.

If both "ifs" were true, then this would be the case. There have been discussions on this forum with the opinion that the officers would not necessarily deny your case, because they may not be throrough enough to see your last entry in TN status. This is a big risk though.
 
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detroitkam said:
For your information, your status does not change unless you cross the border. You are still considered to be on TN status as long as you stay in U.S after you file for GC. But, once you cross the border, your status officially changes to Pending AOS and your TN automatically cancels. While in U.S. if your EAD is approved, then your TN cancels. If one leaves the country without AP and EAD, there is no way he/she can come back with a TN status. If one leaves the country with only AP, on his/her return he/she cannot work under TN status. He/she will need an EAD. These are the laws for TN. Again, for more information visit: http://grasmick.com/board/?topic=topic1
Click to expand...

Close, but not completely true.

When one appliesfor AOS while in TN status, that TN status stays valid for the purposes of work and residing in the US, until one of the 4 situations occurs:

1) The TN expires.
2) The person uses thier EAD for work.
3) The person enters the US using an Advance Parole.
4) The I-485 gets adjudicated. (denial or approval would defacto void the TN status)

Whichever of these situations occrs first would void your TN. If 1, 2, or 3 occurm then you would be in AOS pending status. If #4 were to occur, you would either have a GC, and you would be in permanent resident status, or in the case of a denial, you would be out of status, until a motion to reopen is approved.

Other clarifications
:
a) Approval of an EAD does not cancel your TN, the cancellation of the TN only occurs in this scenario if you actually use the aproved EAD.

b) If you leave the US without an approved Advance Parole in hand, then technically your I-485 would be considered abandonded.

c) An EAD is not a requirement when leaving the US, nor do you technically need it for reentry. You only need it if have a job waiting for you when you come back to the US, which most TNers do. Just a clarification of the laws here...

d) if you enter the US with a pending I-485, and you claim TN status instead of showing your Advance Parole, then technically you've abandonded your I-485, and you have a good chance of getting the I-485 denied upon adjudication.
 
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