My question is, if my visa expires in November, will I be kicked out of the country or unable to work until my AOS comes through? Other than moving up the wedding date, do I have any other options?
Full Version: Getting married with a TN-1 visa
I'm currently in the US on a TN-1 visa, that will expire in November. My fiance and I are planning on getting married next September. I know that I can renew my current TN for another year.
My question is, if my visa expires in November, will I be kicked out of the country or unable to work until my AOS comes through? Other than moving up the wedding date, do I have any other options?
My question is, if my visa expires in November, will I be kicked out of the country or unable to work until my AOS comes through? Other than moving up the wedding date, do I have any other options?
QUOTE(hubcap @ Sep 26 2006, 02:14 PM) 
I'm currently in the US on a TN-1 visa, that will expire in November. My fiance and I are planning on getting married next September. I know that I can renew my current TN for another year.
FYI, you can extend it ad-infinitum (but in one-year increments). There are some who have been working in US for 10+ years on TN-1.
QUOTE(hubcap @ Sep 26 2006, 02:14 PM)
My question is, if my visa expires in November, will I be kicked out of the country or unable to work until my AOS comes through? Other than moving up the wedding date, do I have any other options?
I can give you more than one:
- renew your TN-1 in August (one month before the wedding) at a POE/PFI. Then you will have an expiry date of the following August (somewhat more leeway than November), though you will lose the remainder of the time on the original.
- What are the H1-b numbers like for Fy-2007? If some are remaining AND your job is one of the "overlap" professions, you could have your employer convert you to H1-b. Benefits: longer leeway (3.5 years vs 1) and dual-intent-allowed (so you can do I-485-only instead of I-485/I-765/I-131 package; the H1-b can function as both work-auth and re-entry permit)
If you get married before the TN expires, you will be ineligible to renew your status. If I were you, I would renew the status for another year, get married and then file for AOS with an EAD. Much like a H-1b, you are permitted to work on the TN while your I-485 is pending. However, unlike a TN you will not be able to renew your TN status once the I-485 is filed, nor if you leave the US, will you be able to enter the US on the TN, you will have to use AP, even if you are still working for the same employer... Hence the reason why you should also apply for an EAD and AP at the same time as you file the I-485.
QUOTE(zyggy @ Sep 26 2006, 02:27 PM)
If you get married before the TN expires, you will be ineligible to renew your status. If I were you, I would renew the status for another year, get married and then file for AOS with an EAD. Much like a H-1b, you are permitted to work on the TN while your I-485 is pending. However, unlike a TN you will not be able to renew your TN status once the I-485 is filed, nor if you leave the US, will you be able to enter the US on the TN, you will have to use AP, even if you are still working for the same employer... Hence the reason why you should also apply for an EAD and AP at the same time as you file the I-485
Um, I think you meant (where I redded from your post) "unlike a H1-b", correct?
Correct Cherry... Thanks
Where's that other TN thread that was just going.. ?
Too many forums here; I need sticky notes or something.
Too many forums here; I need sticky notes or something.
QUOTE(CherryXS @ Sep 26 2006, 11:25 AM)
QUOTE(hubcap @ Sep 26 2006, 02:14 PM)
I'm currently in the US on a TN-1 visa, that will expire in November. My fiance and I are planning on getting married next September. I know that I can renew my current TN for another year.
FYI, you can extend it ad-infinitum (but in one-year increments). There are some who have been working in US for 10+ years on TN-1.
QUOTE(hubcap @ Sep 26 2006, 02:14 PM)
My question is, if my visa expires in November, will I be kicked out of the country or unable to work until my AOS comes through? Other than moving up the wedding date, do I have any other options?
I can give you more than one:
- renew your TN-1 in August (one month before the wedding) at a POE/PFI. Then you will have an expiry date of the following August (somewhat more leeway than November), though you will lose the remainder of the time on the original.
- What are the H1-b numbers like for Fy-2007? If some are remaining AND your job is one of the "overlap" professions, you could have your employer convert you to H1-b. Benefits: longer leeway (3.5 years vs 1) and dual-intent-allowed (so you can do I-485-only instead of I-485/I-765/I-131 package; the H1-b can function as both work-auth and re-entry permit)
Are you sure I can renew my TN early? If I renew it early, am I able to leave the country before my AOS comes through, or will I be denied entry?
QUOTE(zyggy @ Sep 26 2006, 11:27 AM)
If you get married before the TN expires, you will be ineligible to renew your status. If I were you, I would renew the status for another year, get married and then file for AOS with an EAD. Much like a H-1b, you are permitted to work on the TN while your I-485 is pending. However, unlike a TN you will not be able to renew your TN status once the I-485 is filed, nor if you leave the US, will you be able to enter the US on the TN, you will have to use AP, even if you are still working for the same employer... Hence the reason why you should also apply for an EAD and AP at the same time as you file the I-485.
I'm not sure what EAD and AP mean. Can you clearify? Does this mean if my TN expires in Nov, and my AOS hasn't been approved I can still work?
QUOTE(hubcap @ Sep 26 2006, 04:35 PM)
QUOTE(CherryXS @ Sep 26 2006, 11:25 AM)
QUOTE(hubcap @ Sep 26 2006, 02:14 PM)
I'm currently in the US on a TN-1 visa, that will expire in November. My fiance and I are planning on getting married next September. I know that I can renew my current TN for another year.
FYI, you can extend it ad-infinitum (but in one-year increments). There are some who have been working in US for 10+ years on TN-1.
QUOTE(hubcap @ Sep 26 2006, 02:14 PM)
My question is, if my visa expires in November, will I be kicked out of the country or unable to work until my AOS comes through? Other than moving up the wedding date, do I have any other options?
I can give you more than one:
- renew your TN-1 in August (one month before the wedding) at a POE/PFI. Then you will have an expiry date of the following August (somewhat more leeway than November), though you will lose the remainder of the time on the original.
- What are the H1-b numbers like for Fy-2007? If some are remaining AND your job is one of the "overlap" professions, you could have your employer convert you to H1-b. Benefits: longer leeway (3.5 years vs 1) and dual-intent-allowed (so you can do I-485-only instead of I-485/I-765/I-131 package; the H1-b can function as both work-auth and re-entry permit)
Are you sure I can renew my TN early? If I renew it early, am I able to leave the country before my AOS comes through, or will I be denied entry?
Yes, you can renew a TN-1 early (at POE/PFI anyway), prior to marriage and/or AOS filing. Once you file AOS, you will need Advance Parole document to re-enter.
QUOTE(hubcap)
QUOTE(zyggy @ Sep 26 2006, 11:27 AM)
If you get married before the TN expires, you will be ineligible to renew your status. If I were you, I would renew the status for another year, get married and then file for AOS with an EAD. Much like a H-1b, you are permitted to work on the TN while your I-485 is pending. However, unlike a TN you will not be able to renew your TN status once the I-485 is filed, nor if you leave the US, will you be able to enter the US on the TN, you will have to use AP, even if you are still working for the same employer... Hence the reason why you should also apply for an EAD and AP at the same time as you file the I-485.
I'm not sure what EAD and AP mean. Can you clearify? Does this mean if my TN expires in Nov, and my AOS hasn't been approved I can still work?
If you have gotten Employment Authorisation Document by then, no problem. As zyggy (and I earlier) stated, you can give yourself more leeway by renewing (with penalty of August to November period) the TN-1 in August (1 month prior to the wedding).
If you get married and then file AOS, and THEN your TN expires before you have EAD and AP in hand, then you can neither work nor leave US till you have these.
QUOTE(CherryXS @ Sep 26 2006, 04:03 PM)
If you have gotten Employment Authorisation Document by then, no problem. As zyggy (and I earlier) stated, you can give yourself more leeway by renewing (with penalty of August to November period) the TN-1 in August (1 month prior to the wedding).
If you get married and then file AOS, and THEN your TN expires before you have EAD and AP in hand, then you can neither work nor leave US till you have these.
Thanks again for your help.
One more stupid question:
Suppose I were to renew my visa in Aug, and get married in Sept, so my TN will still be valid at this point. Am I free to leave and re-enter the country then? The reason why I ask is because we were planning on going to the Caribbean for our honeymoon shortly after the wedding. Should I file my AOS after I get back, or should I avoid leaving the country altogether?
QUOTE(hubcap @ Sep 26 2006, 07:33 PM)
QUOTE(CherryXS @ Sep 26 2006, 04:03 PM)
If you have gotten Employment Authorisation Document by then, no problem. As zyggy (and I earlier) stated, you can give yourself more leeway by renewing (with penalty of August to November period) the TN-1 in August (1 month prior to the wedding).
If you get married and then file AOS, and THEN your TN expires before you have EAD and AP in hand, then you can neither work nor leave US till you have these.
If you get married and then file AOS, and THEN your TN expires before you have EAD and AP in hand, then you can neither work nor leave US till you have these.
Thanks again for your help.
One more stupid question:
Suppose I were to renew my visa in Aug, and get married in Sept, so my TN will still be valid at this point. Am I free to leave and re-enter the country then? The reason why I ask is because we were planning on going to the Caribbean for our honeymoon shortly after the wedding. Should I file my AOS after I get back, or should I avoid leaving the country altogether?
You would be free to enter and leave up to the wedding. I would not recommend leaving the country anytime after the wedding without AP; the licence/certificate of marriage (to USC) could cause officer to stop you entering ("immigrant intent" -- unfortunately, no room for doubt here).
Is your profession one that could be covered under H1-b?
QUOTE(CherryXS @ Sep 27 2006, 06:01 AM)
QUOTE(hubcap @ Sep 26 2006, 07:33 PM)
QUOTE(CherryXS @ Sep 26 2006, 04:03 PM)
If you have gotten Employment Authorisation Document by then, no problem. As zyggy (and I earlier) stated, you can give yourself more leeway by renewing (with penalty of August to November period) the TN-1 in August (1 month prior to the wedding).
If you get married and then file AOS, and THEN your TN expires before you have EAD and AP in hand, then you can neither work nor leave US till you have these.
If you get married and then file AOS, and THEN your TN expires before you have EAD and AP in hand, then you can neither work nor leave US till you have these.
Thanks again for your help.
One more stupid question:
Suppose I were to renew my visa in Aug, and get married in Sept, so my TN will still be valid at this point. Am I free to leave and re-enter the country then? The reason why I ask is because we were planning on going to the Caribbean for our honeymoon shortly after the wedding. Should I file my AOS after I get back, or should I avoid leaving the country altogether?
You would be free to enter and leave up to the wedding. I would not recommend leaving the country anytime after the wedding without AP; the licence/certificate of marriage (to USC) could cause officer to stop you entering ("immigrant intent" -- unfortunately, no room for doubt here).
Is your profession one that could be covered under H1-b?
I agree with Cherry... I would avoid leaving the US after your wedding... If you want a honeymoon to a warm destination, go to the US Virgin Islands, Puerto Rico or Hawaii..
The TN is considered for those who have no immigrant intent.. once you get married, you do have that intent and a CBP officer has the right to deny you entry to the US for this reason. I would say it's a low risk that it would happen, but if it did, it would carry a high penalty...
QUOTE(zyggy @ Sep 27 2006, 06:15 AM)
QUOTE(CherryXS @ Sep 27 2006, 06:01 AM)
QUOTE(hubcap @ Sep 26 2006, 07:33 PM)
QUOTE(CherryXS @ Sep 26 2006, 04:03 PM)
If you have gotten Employment Authorisation Document by then, no problem. As zyggy (and I earlier) stated, you can give yourself more leeway by renewing (with penalty of August to November period) the TN-1 in August (1 month prior to the wedding).
If you get married and then file AOS, and THEN your TN expires before you have EAD and AP in hand, then you can neither work nor leave US till you have these.
If you get married and then file AOS, and THEN your TN expires before you have EAD and AP in hand, then you can neither work nor leave US till you have these.
Thanks again for your help.
One more stupid question:
Suppose I were to renew my visa in Aug, and get married in Sept, so my TN will still be valid at this point. Am I free to leave and re-enter the country then? The reason why I ask is because we were planning on going to the Caribbean for our honeymoon shortly after the wedding. Should I file my AOS after I get back, or should I avoid leaving the country altogether?
You would be free to enter and leave up to the wedding. I would not recommend leaving the country anytime after the wedding without AP; the licence/certificate of marriage (to USC) could cause officer to stop you entering ("immigrant intent" -- unfortunately, no room for doubt here).
Is your profession one that could be covered under H1-b?
I agree with Cherry... I would avoid leaving the US after your wedding... If you want a honeymoon to a warm destination, go to the US Virgin Islands, Puerto Rico or Hawaii..
The TN is considered for those who have no immigrant intent.. once you get married, you do have that intent and a CBP officer has the right to deny you entry to the US for this reason. I would say it's a low risk that it would happen, but if it did, it would carry a high penalty...
How would the CBP know that I got married if I haven't applied for an AOS?
Looks like we'll be going to Hawaii instead...
QUOTE(hubcap @ Sep 27 2006, 11:59 AM)
QUOTE(zyggy @ Sep 27 2006, 06:15 AM)
QUOTE(CherryXS @ Sep 27 2006, 06:01 AM)
QUOTE(hubcap @ Sep 26 2006, 07:33 PM)
QUOTE(CherryXS @ Sep 26 2006, 04:03 PM)
If you have gotten Employment Authorisation Document by then, no problem. As zyggy (and I earlier) stated, you can give yourself more leeway by renewing (with penalty of August to November period) the TN-1 in August (1 month prior to the wedding).
If you get married and then file AOS, and THEN your TN expires before you have EAD and AP in hand, then you can neither work nor leave US till you have these.
If you get married and then file AOS, and THEN your TN expires before you have EAD and AP in hand, then you can neither work nor leave US till you have these.
Thanks again for your help.
One more stupid question:
Suppose I were to renew my visa in Aug, and get married in Sept, so my TN will still be valid at this point. Am I free to leave and re-enter the country then? The reason why I ask is because we were planning on going to the Caribbean for our honeymoon shortly after the wedding. Should I file my AOS after I get back, or should I avoid leaving the country altogether?
You would be free to enter and leave up to the wedding. I would not recommend leaving the country anytime after the wedding without AP; the licence/certificate of marriage (to USC) could cause officer to stop you entering ("immigrant intent" -- unfortunately, no room for doubt here).
Is your profession one that could be covered under H1-b?
I agree with Cherry... I would avoid leaving the US after your wedding... If you want a honeymoon to a warm destination, go to the US Virgin Islands, Puerto Rico or Hawaii..
The TN is considered for those who have no immigrant intent.. once you get married, you do have that intent and a CBP officer has the right to deny you entry to the US for this reason. I would say it's a low risk that it would happen, but if it did, it would carry a high penalty...
How would the CBP know that I got married if I haven't applied for an AOS?
Looks like we'll be going to Hawaii instead...
There's some comprehensive information about TNs on this site,
http://www.grasmick.com/canimfaq.htm
QUOTE(hubcap @ Sep 27 2006, 08:59 AM)
How would the CBP know that I got married if I haven't applied for an AOS?
How would you answer the question 'are you married to a US citizen?'.
QUOTE(zyggy @ Sep 27 2006, 09:15 AM)
The TN is considered for those who have no immigrant intent.. once you get married, you do have that intent and a CBP officer has the right to deny you entry to the US for this reason. I would say it's a low risk that it would happen, but if it did, it would carry a high penalty...
True; therein lies an irony: if the TN-1 holder has filed for EB-n GC, any stage of the petition prior to AOS (even an approved I-140) does not constitute immigrant intent.
If I were you I will NOT leave the US. I got married to an American on a TN. You will 100% be denied entry because that's what happene to me!!!!
I'm on TN. Got married to American in Canada, 2 days after the wedding, we tried to return to the US and I was denied. I'm in Canada and he's in US. You dont want to be like us! Now we have to file for I-130 and I-129F.
Also, I would talk to a lawyer. But I agree with the other people, you can renew your new TN so it be past the November date and you'll have more time to take care of the AOS and EAD.
And no matter what, DO NOT LEAVE THE US. You're can't return if they find out you're married to an American!
Trust me! I'm a living example right here!
I'm on TN. Got married to American in Canada, 2 days after the wedding, we tried to return to the US and I was denied. I'm in Canada and he's in US. You dont want to be like us! Now we have to file for I-130 and I-129F.
Also, I would talk to a lawyer. But I agree with the other people, you can renew your new TN so it be past the November date and you'll have more time to take care of the AOS and EAD.
And no matter what, DO NOT LEAVE THE US. You're can't return if they find out you're married to an American!
Trust me! I'm a living example right here!
QUOTE(adaandrew @ Sep 28 2006, 11:24 AM)
If I were you I will NOT leave the US. I got married to an American on a TN. You will 100% be denied entry because that's what happene to me!!!!
I'm on TN. Got married to American in Canada, 2 days after the wedding, we tried to return to the US and I was denied. I'm in Canada and he's in US. You dont want to be like us! Now we have to file for I-130 and I-129F.
Also, I would talk to a lawyer. But I agree with the other people, you can renew your new TN so it be past the November date and you'll have more time to take care of the AOS and EAD.
And no matter what, DO NOT LEAVE THE US. You're can't return if they find out you're married to an American!
Trust me! I'm a living example right here!
I'm on TN. Got married to American in Canada, 2 days after the wedding, we tried to return to the US and I was denied. I'm in Canada and he's in US. You dont want to be like us! Now we have to file for I-130 and I-129F.
Also, I would talk to a lawyer. But I agree with the other people, you can renew your new TN so it be past the November date and you'll have more time to take care of the AOS and EAD.
And no matter what, DO NOT LEAVE THE US. You're can't return if they find out you're married to an American!
Trust me! I'm a living example right here!
Exactly one of the reasons I straight-off binned my late mum's suggestion in 1998 (at a time when "hurry-up-and-wait" on my employment-based GC process was causing me much frustration) of marrying a USC.
(a plethora of others including that this suggestion was a not-so-subtle hint to turn over the marriage search issue to her--which would have been a total disaster--rather than defer it till after getting GC).
QUOTE(adaandrew @ Sep 28 2006, 08:24 AM)
Trust me! I'm a living example right here!
Powerful personal experience!
Sorry to hear of your troubles & hope you can get it resolved quickly. ish.
QUOTE(adaandrew @ Sep 28 2006, 08:24 AM)
If I were you I will NOT leave the US. I got married to an American on a TN. You will 100% be denied entry because that's what happene to me!!!!
I'm on TN. Got married to American in Canada, 2 days after the wedding, we tried to return to the US and I was denied. I'm in Canada and he's in US. You dont want to be like us! Now we have to file for I-130 and I-129F.
Also, I would talk to a lawyer. But I agree with the other people, you can renew your new TN so it be past the November date and you'll have more time to take care of the AOS and EAD.
And no matter what, DO NOT LEAVE THE US. You're can't return if they find out you're married to an American!
Trust me! I'm a living example right here!
The company I'm working for has a lawyer that specializes in immigration, so I'm going to speak with him. Isn't it a red flag to apply for a TN early? What do I say if they ask me why I'm applying early?
How did they find out you got married? Did they ask you, or is it in the system somewhere? Either way, we've decided not to leave the country until my AOS comes through.
QUOTE(hubcap @ Sep 28 2006, 05:00 PM)
QUOTE(adaandrew @ Sep 28 2006, 08:24 AM)
If I were you I will NOT leave the US. I got married to an American on a TN. You will 100% be denied entry because that's what happene to me!!!!
I'm on TN. Got married to American in Canada, 2 days after the wedding, we tried to return to the US and I was denied. I'm in Canada and he's in US. You dont want to be like us! Now we have to file for I-130 and I-129F.
Also, I would talk to a lawyer. But I agree with the other people, you can renew your new TN so it be past the November date and you'll have more time to take care of the AOS and EAD.
And no matter what, DO NOT LEAVE THE US. You're can't return if they find out you're married to an American!
Trust me! I'm a living example right here!
I'm on TN. Got married to American in Canada, 2 days after the wedding, we tried to return to the US and I was denied. I'm in Canada and he's in US. You dont want to be like us! Now we have to file for I-130 and I-129F.
Also, I would talk to a lawyer. But I agree with the other people, you can renew your new TN so it be past the November date and you'll have more time to take care of the AOS and EAD.
And no matter what, DO NOT LEAVE THE US. You're can't return if they find out you're married to an American!
Trust me! I'm a living example right here!
The company I'm working for has a lawyer that specializes in immigration, so I'm going to speak with him. Isn't it a red flag to apply for a TN early? What do I say if they ask me why I'm applying early?
No, this is actually done quite oft. All that happens is a penalty of the remaining validity of the previous one. I actually asked this question of the Calgary PFI in Oct. 1994 (from Atlanta).
QUOTE(hubcap @ Sep 28 2006, 05:00 PM)
How did they find out you got married? Did they ask you, or is it in the system somewhere? Either way, we've decided not to leave the country until my AOS comes through.
Yes, it gets entered into a computer system to which they have access.
QUOTE(hubcap @ Sep 28 2006, 05:00 PM)
QUOTE(adaandrew @ Sep 28 2006, 08:24 AM)
If I were you I will NOT leave the US. I got married to an American on a TN. You will 100% be denied entry because that's what happene to me!!!!
I'm on TN. Got married to American in Canada, 2 days after the wedding, we tried to return to the US and I was denied. I'm in Canada and he's in US. You dont want to be like us! Now we have to file for I-130 and I-129F.
Also, I would talk to a lawyer. But I agree with the other people, you can renew your new TN so it be past the November date and you'll have more time to take care of the AOS and EAD.
And no matter what, DO NOT LEAVE THE US. You're can't return if they find out you're married to an American!
Trust me! I'm a living example right here!
The company I'm working for has a lawyer that specializes in immigration, so I'm going to speak with him. Isn't it a red flag to apply for a TN early? What do I say if they ask me why I'm applying early?
How did they find out you got married? Did they ask you, or is it in the system somewhere? Either way, we've decided not to leave the country until my AOS comes through.
You don't have to wait until the AOS comes through.. you only have to wait until Advanced Parole comes through...
QUOTE(meauxna @ Sep 28 2006, 09:24 AM)
QUOTE(adaandrew @ Sep 28 2006, 08:24 AM)
Trust me! I'm a living example right here!
Powerful personal experience!
Sorry to hear of your troubles & hope you can get it resolved quickly. ish.
Thanks meauxna.....hehe
QUOTE(hubcap @ Sep 28 2006, 02:00 PM)
The company I'm working for has a lawyer that specializes in immigration, so I'm going to speak with him. Isn't it a red flag to apply for a TN early? What do I say if they ask me why I'm applying early?
How did they find out you got married? Did they ask you, or is it in the system somewhere? Either way, we've decided not to leave the country until my AOS comes through.
yes, please speak to your lawyer in the company that specializes in immigration.. we should have done that .. but alas.. we were STUPID.. (was too busy planning for the wedding.. ahahah)
no it's not a red flag to apply for a TN early.. mine was expiring in Nov and I renewed it in Sept.. they asked me why and I said I won't be able to 'cross the border' in Nov.. and since I'm flying back from England.. i wanted to renew the TN.. they made fun of me for a bit saying.. o... she's here to renew her TN cause she doesn't have money to buy a ticket to fly across the border to renew her TN (I'm like.. WHATEVER) ... but they gave it to me anyway.
They asked my husband if we were married and he said YES!!! Seriously, before I went in line, I really wanted to have both of us take off our wedding bands.. but my husband was telling me to calm down and look what happened????? He couldn't lie and said we were NOT married cause we have wedding bands on... u know?
But yes, unless absolutely necessary, do not leave the US until you have sorted out the legal side of the stuff... good luck! You dont wanna be me!! I just dont want someone else to go through this living hell like what I'm going through right now!! Married for 2 days and separated...with my poor hubby having sandwiches and TV dinners every night! sniff sniff
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