Which visa should I go to in prep for family-based green card?

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cblooms

Registered Users (C)
I'm engaged and planning a wedding for March 2012 in my home country (Canada). I am currently on a TN-1 visa which expires at the end of November, and need to decide which to get from my employer in prep for the green card application. I have been in contact with an immigration lawyer for advice, though I don't know if we can afford to have them handling the filing. That said, if it's a TN-1 application, it seems very confusing to me, and I feel I'll want the help of a lawyer. He has already advised that going to GC from TN is far better done as a consular application rather than adjustment of status.

With my job situation, any costs for the H, though paid by my employer, ultimately cost me, as they are then no longer available to my advisor as future salary to me (grant-based academic position).

So I'm looking at these three possibilities:

H -> GC though adjust of status, with lawyer = ~$5000
H -> GC though adjust of status, no lawyer = ~$3100
TN - > GC though consular, with lawyer = ~3200

I have the additional complication (of course!) that I need to travel out of the US for my work. This will be necessary post marriage but pre-filing for GC (of course, there will be at least one return immediately post marriage, and one trip out and back before I can remain in the US long enough to outwait the "travel ban" imposed by filing for the GC). The lawyer advised although this is legal on a TN, it can be a bit troublesome as some border guards don't properly understand this. He has explained that he can help with a letter explaining the situation and has done this before.

So I guess I'm asking, what would you do if you were me? Has anyone here done the TN -> GC including trips across the border?

Is the travel ban even an issue with a consular application when you're going TN -> GC?

Is it insane to attempt a TN -> GC without a lawyer?
 
Don't bother hiring a lawyer. Anybody with an average amount of intelligence can file for AOS. just read the instructions for the forms carefully and double check everything before sending them out.
 
Is that true for consular processing? I'm prepared to do it ourselves from an H, but what I'm trying to get an idea of is whether that risky/challenging from a TN when I have a need to travel post-marriage, pre-filing. I've found very little information of the TN-1 -> GC at all, let alone through consular rather than AOS.

My big question isn't exactly lawyer or not, but H or TN, and if TN, how difficult is that process?
 
Are you getting married to a US citizen? Once you do that, you risk being refused entry with the TN if USCIS or CBP finds out about your marriage.

But if you get the H1B, it allows immigrant intent so the marriage would present no issue when traveling to and from Canada.

Unless you want to gamble with being stuck outside the US, either get the H1B, or stay in the US for the wedding and AOS.
 
Your wedding is planned for March 2012. This is what I think you should do. Get married at a court or city hall, civil ceremony. File for AOS and get your AP document. Thne have a grand wedding reception/ceremony in Canada.


cblooms said:
So has no one here done TN -> GC or used the consular process before?
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TheRealCanadian said:
Plenty - post in the TN forum here for information.
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Thank you for this reminder - I did manage to find a few threads there that have been quite helpful!

I have to say, I'm leaning H1B more and more based on the travel issue that Jackolantern mentions - particularly since I do have to travel often, and will have to during the process itself, and while I understand that it's legal to cross with the TN, it does make me nervous, particularly because I've had odd hassles with immigration apparently not understanding the nuances of a TN before. Especially in airports, sheesh!

Triple Citizen - that would be the ideal solution, but my mangled corpse couldn't legally finish the process if my family found out. There are a few people who would be quite put out/offended about a ceremony now before the "actual wedding" in March. It also doesn't eliminate my travel concerns, sadly.
 
cblooms said:
I have to say, I'm leaning H1B more and more based on the travel issue that Jackolantern mentions - particularly since I do have to travel often, and will have to during the process itself, and while I understand that it's legal to cross with the TN, it does make me nervous, particularly because I've had odd hassles with immigration apparently not understanding the nuances of a TN before. Especially in airports, sheesh!
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If you want to absolutely minimize your risk, the H1 will be simpler at the cost of expenses your employer will need to cover.

At the same time, I have seen cases of TN holders since 1998 who did consular processing and were able to re-enter the US without issues. The consular interview is a very powerful tool to use at the border to demonstrate that this entry is temporary.
 
cblooms said:
Triple Citizen - that would be the ideal solution, but my mangled corpse couldn't legally finish the process if my family found out. There are a few people who would be quite put out/offended about a ceremony now before the "actual wedding" in March. It also doesn't eliminate my travel concerns, sadly.
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If you had a ceremony this summer or fall and filed for AOS, you would get Advance Parole which would allow you to travel back and forth. And you might get the green card itself before the ceremony in March 2012. Although you'd be stuck in the US for the first 2-3 months of the process while waiting for Advance Parole. So the AOS route would solve your travel problem, unless you need to travel in the first 2-3 months after applying for AOS. Of course, it doesn't solve your family problem.
 
TheRealCanadian said:
At the same time, I have seen cases of TN holders since 1998 who did consular processing and were able to re-enter the US without issues. The consular interview is a very powerful tool to use at the border to demonstrate that this entry is temporary.
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That route still involves the risk of getting stuck outside the US, and thus will require some risk management:

1. Once the I-130 is filed, the border officers will know about the marriage (if they look far enough into the system). So once you get married, wait until after you're back in the US and then have your spouse file the I-130 with consular processing selected. So whenever you travel again, if hassled about the I-130 you can point out that you were previously in the US was when the I-130 was filed and you selected consular processing. Such behavior is a good way to convince them that you're not planning to file for AOS.

2. Don't display any clues to make them suspect that you're married to a USC. Obviously they can easily find out after the I-130 is filed, but your first trip back to the US is before the I-130, and even if they can find out it's not a good idea to shove that fact in their face. If asked you must tell the truth, but don't act in a way that prompts them to ask that question. So when you're traveling back to the US, don't check in for the flight together (if it's not too inconvenient, don't even take the same flight), and don't be seen together anywhere that the officers at the immigration counter can see you. If you're driving across the border, definitely don't drive in the same car.

Ignore the above if you get an approved H1B. The H1B would allow you to travel back and forth freely while the I-130 and I-485 are pending, and you wouldn't need to wait for Advance Parole to travel.
 
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