TN to GC--how long to process travel and employment authorization docs

T

tedeverson

Registered Users (C)
I'm currently on a TN that expires in April. I got married and plan to apply for a GC but I'm not sure if I have enough time to apply and receive my AP and EAD prior to my current TN expiring. How long to process these typically? And I presume that it's a problem if my TN expires before they're processed?

Thanks.
 
Well, you are in a spot of trouble, aren't you?

Once you apply for GC, you can't get a new TN, so you better reconsider applying for GC right now. EAD and AP will take about 3 months. Did you not consider the TN when timing your marriage?

You first need to renew your TN. I would do this by mail. premium processing, since it would be very risky to try to get one at the border. If they found out your were married to a USC living in US, they would definitely refuse you entry until you got a K visa, so job would be done.

Once you submit it, then you can start the GC process...
 
nelsona said:
Well, you are in a spot of trouble, aren't you?

Once you apply for GC, you can't get a new TN, so you better reconsider applying for GC right now. EAD and AP will take about 3 months. Did you not consider the TN when timing your marriage?

You first need to renew your TN. I would do this by mail. premium processing, since it would be very risky to try to get one at the border. If they found out your were married to a USC living in US, they would definitely refuse you entry until you got a K visa, so job would be done.

Once you submit it, then you can start the GC process...
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So being married to a US citizen automatically invalidates you for a TN? We had planned to move to Canada but a job fell through there, so plans have changed.

Is there general agreement here that going to the border is a bad idea? I'd rather not dish out $1000 if I don't have to. Also, I know that premium processing has to filed by my employer (which is probably not a big deal but I was hoping to keep it simple).
 
Well, premium processing is not absolutely necessary, since all that is required to keep your TN status is filing the I-129 by April, not necessarily the approval. I merely suggested premium processing to get the TN pushed back to you faster so that hurdle is past. You don't want the pending TN laying around CIS office while you file all your GC paperwork. This might get you a TN denial, which would make you have to stop work until EAD is awarded.

Marriage to a USC who lives in US doesn't quite prevent your from getting a new TN (that is why I've told you to file I-129 for TN -- you would get it -- and then file for GC), but it does presume you to have immig intent, which would disallow you to enter US on an existing TN or getting a new one at the border (that is why going to the border is risky). However, if you just go by yourself, no wedding ring, and don't announce that you are married, you should be fine. But any trip outside US at this point is risky -- one of the reasons we always remind TNers who marry USC to marry, honeymoon, and stay put in US until EAD and AP are awarded.
 
nelsona said:
Well, premium processing is not absolutely necessary, since all that is required to keep your TN status is filing the I-129 by April, not necessarily the approval. I merely suggested premium processing to get the TN pushed back to you faster so that hurdle is past. You don't want the pending TN laying around CIS office while you file all your GC paperwork. This might get you a TN denial, which would make you have to stop work until EAD is awarded.

Marriage to a USC who lives in US doesn't quite prevent your from getting a new TN (that is why I've told you to file I-129 for TN -- you would get it -- and then file for GC), but it does presume you to have immig intent, which would disallow you to enter US on an existing TN or getting a new one at the border (that is why going to the border is risky). However, if you just go by yourself, no wedding ring, and don't announce that you are married, you should be fine. But any trip outside US at this point is risky -- one of the reasons we always remind TNers who marry USC to marry, honeymoon, and stay put in US until EAD and AP are awarded.
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Thanks Nelsona, this is very helpful. I think I'll skip the premium processing and decide between a mail-in and going to the border. It seems that mail-in is more expensive and sort of onerous (the I-129 looks pretty involved). I've read in other threads that most people hire a lawyer. Has anyone here done it themselves?

I'll hold off on applying for a GC until this summer or something, assuming I don't find other work in Canada by then.
 
I-129 can be done without the help of a lawyer, and costs ~$300, which is less than a trip to the border.

I'm serious, once you explain the likelihood that you may not come back to work from canada for 3 months, I'm sure they (and you) will see the wisdom of filing I-129.
 
nelsona said:
I-129 can be done without the help of a lawyer, and costs ~$300, which is less than a trip to the border.

I'm serious, once you explain the likelihood that you may not come back to work from canada for 3 months, I'm sure they (and you) will see the wisdom of filing I-129.
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Thanks--I'm probably going to go the I-129 route. It actually doesn't look as onerous as I previously thought and I found a lot of helpful information in this group.

Am I right that I can apply for a 3-year extension? I was thinking that I might as well since it is the same process as the 1-year.
 
Sure. Just remember that TN while married to USC is a precarious situation. You need to make up your mind fast as to where you both will live and get statused accordingly.
 
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