TN visa Travel and Extension?

[Phil80 0]

I've been reading this forum over and over and there's a lot of information to go over but it shouldn't be too hard to file the correct paper work (once I figure it all out, I'm in audit/forensics so filling out detailed forms isn't too tough).

A little background:

I'm a 29 year old male working in IT audit under a TN visa which expires October 11, 2009. I asked my fiancee to marry me (after the renewal) and we set the wedding date for March 21, 2009 (official ceremony at catholic church). We're supposed to have a honeymoon cruise to the Bahamas April 27, 2009 (and a trip to the philippines at the end of 09). We currently reside in NoVa (Northern Virginia). I'm a Canadian Citizen since birth, lived nowhere else other that Canada and the US. My fiancee was born in the Philippines and became a citizen in the US in 2006.

So I have a few questions:

1) Which option is better? AOS or simply filling the I-130 and going to Montreal?

2) If AOS is the way we choose to go do I need to get my AP prior to my Honeymoon or should I wait to begin all the paperwork until after the honeymoon? Once I submit the paperwork am I allow to travel without the AP like I am on my TN visa or does my action of simply mailing the paperwork affect my travel?

3) With EAD will I be allowed to changes employers?

4) What happens if I need to change my address (might need to move if change employers)?

5) when my EAD expires do I have to leave the country? What happens to my TN?

and finally,

6) Which guide is best suited for a TN visa holder looking to change status? All I can find in the guides are K1 and K3 guides? (Is it the same?)

[Reba 2]

1) Which option is better? AOS or simply filling the I-130 and going to Montreal?

Probably AOS, it'll likely be quicker. Going thru Montreal for a CR1 or K3 would take a year, give or take a month.

2) If AOS is the way we choose to go do I need to get my AP prior to my Honeymoon or should I wait to begin all the paperwork until after the honeymoon? Once I submit the paperwork am I allow to travel without the AP like I am on my TN visa or does my action of simply mailing the paperwork affect my travel?

Not sure on that one, I htink your TN will still be valid til expiration, but you might want to check with a member here called zyggy. He used to work at the border and knows all kinds of stuff.

3) With EAD will I be allowed to changes employers?

Yes.

4) What happens if I need to change my address (might need to move if change employers)?

Change of address form for Immigrants is AR-11, change of address forms for spousal sponsors is I-865. Both need to be submitted to USCIS or face fines and/or deportation.

5) when my EAD expires do I have to leave the country? What happens to my TN?

You will apply for adjustment of status along with your EAD. EADs usually take about 90 days to process, and the AOS is a few months (check processing times for your district office). Once you have your EAD, your TN is invalid. Once the TN is invalid, you should not leave the country unless you have either advance parole document or your green card in your hot little hands. No, you do not have to leave the country if/when your EAD expires. In all likelihood, you'll have your green card before your EAD expires, and green card will be valid 2 years, 90 days before that expires, you apply for removal of conditions, to receive a 10 year card.

and finally,

6) Which guide is best suited for a TN visa holder looking to change status? All I can find in the guides are K1 and K3 guides? (Is it the same?)

there is a guide for Adjusment of Status as well.

Edited January 12, 2009 by Reba

[Phil80 0]

2) If AOS is the way we choose to go do I need to get my AP prior to my Honeymoon or should I wait to begin all the paperwork until after the honeymoon? Once I submit the paperwork am I allow to travel without the AP like I am on my TN visa or does my action of simply mailing the paperwork affect my travel?

Not sure on that one, I htink your TN will still be valid til expiration, but you might want to check with a member here called zyggy. He used to work at the border and knows all kinds of stuff.

Thanks for your help!

I was thinking about this one last night and had another question.

I read here that AP has 90 days at which point I may be able to go to the local office to expedite it. Is that true or do I just have to wait and pray it comes on time. Conversely if it doesn't come in time for the honeymoon is that enough reason to expedite it or do I need some serious reason (sick family member, family emergency etc)