TN1 or K1??

[plscomehome]

My boyfriend is a Canadian citizen - we plan on getting married sometime this year. He is still in the process of finalizing his divorce so we can't do anything until August.

My question is this - he has a potential offer from a US employer to come and work here NOW through a TN1 Visa. He falls under the Management Consultant category and does NOT have a degree. We are a little nervous that if he applies for this and is denied he will not be allowed into the US again. If he does come here on a TN1, can we later file for an AOS once we get married?

Or is it easier to just wait till August and then start the K1 process?

Can you file multiple visa's at the same time? For example - if he is here on the TN1 - can we file for a K3?

I'm so confused and overwhelmed - I just want him here as quickly and CORRECTLY as possible

Thanks for ANY help!!!!

 

[simsd]

The problem you might have is that the TN is meant to be a temporary status for up to one year at a time. If you do the K1 in advance and then try the TN and the CBP (Customs and Border Protection) sees that, then they will deem his TN as merely a means to get in and possibly stay permanently.

If he does the TN first then nothing can be misconstrued. Then you can move forward with your other plans. You better consult a lawyer once he's here. Timing is everything in these situations because of the short nature of the TN. You do raise a good issue about him not having a degree - that can be a problem. There is someone who offers a "kit" called tnvisaexpert on this site, who may be able to offer you some examples of how he might package the offer letter and his qualifications.

Consult a lawyer.