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Getting married with a TN-1 visa

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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? :help:

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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.

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? :help:

I can give you more than one:

  1. 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.
  2. 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)

Edited by CherryXS

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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.

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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?

Edited by CherryXS

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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.

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? :help:

I can give you more than one:

  1. 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.
  2. 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?

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?

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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.

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? :help:

I can give you more than one:

  1. 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.
  2. 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.

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.

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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?

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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?

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?

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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?

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...

Edited by zyggy

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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?

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... :P

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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?

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... :P

There's some comprehensive information about TNs on this site,

http://www.grasmick.com/canimfaq.htm

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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.

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