TN Visa holder wanting to marry a US citizen

[trailmix 77]

One last question, you guys have all been so helpful and I really appreciate it...

Can we say the best method of persuing is this...Can you guys agree????

Remain in states a minimum of 90 before getting married (and continuing to work on my TN)

After marriage, apply for EAD and AP (and continuing to work at my job except with a different status now)

Someone mentioned a CR-1 I dont even know what that is and since I've already moved here and don't plan on commuting back to Canada for a long time, would this method still be good????

My main is that I really want to keep my job because I love what I do and i'm on the right track to advance my career and at the same time I want to get married and live here...without any problems...(seems so easy to say but they make it kina hard for us)

Again, thank you for everything you guys!

Forget the CR1, no reason to do that when you have the opportunity to adjust status.

Your plan sounds reasonable to me.

Edited March 30, 2010 by trailmix

[warlord 72]

Forget the CR1, no reason to do that when you have the opportunity to adjust status.

Your plan sounds reasonable to me.

Yeah no reason for the CR1. Plus why even wait the 90 days? Getting married now or next week will be no different then after 90 days. You have entered legally because the Officer let you if with knowledge of your situation and decided to still admit you. There is nothing more you need to worry about.

I would get married when I was ready next week or 8 months, whenever. The best plan though would be to get all the AOS forms downloaded and filled out. There are quite a number of them and can take some time filling them out and there are some confusing things on it.

I actually had a lawyer for mine, many do it without, but when I was on a TN status I wanted to be sure it was done right. There were a few tricky questions that I remember was easier. Plus the lawyer came with me to my interview. Not really much of a big deal, but he filled out a lot of the forms for me which did take a lot of stress off things. Of course they can be expensive, and AOS is easily done without from what I hear from a lot of other people.

Just make sure that you have a lot of time left on your current TN status, maybe at least 8 months or more. More the better and less stress. Then go for it...

[Spoom 8]

Here's some info you may find interesting about the TN visa and adjusting from it (especially the parts at the end). I'm starting to think you'll be fine as well, especially given this part:

In a letter dated April 21, 2008 (the "2008 Letter"), from Mr. Paul M. Morris, Executive Director, Admissibility and Passenger Programs, USCBP opined that the mere filing or approval of a Form I-140 (I-130? -Spoom) immigrant petition on behalf of a TN nonimmigrant would not automatically constitute immigrant intent. A TN nonimmigrant and his or her dependents may have an intention to immigrate or adjust status at a future time but, as long as his or her intention at the time of admission is to be in the United States for a temporary period, he or she could be admitted. However, once the TN files an application for an immigrant visa or adjustment of status, the TN would no longer be eligible for admission or an extension of stay as a TN nonimmigrant.

Again, the question ends up being whether or not you had immigrant intent when you last renewed your TN.

[bluberry 0]

Well, when I last renewed my TN (it was the third time), it was because the company I was working at hired me as a direct employee. I told the officer that, I had been working there for over 2 years as a contractor and now I'm hired on. This is a big reason of why I moved because in the past when I was a contractor I didn't have job security to move, I can get laid off any day and I didn't want to get a lease since any day I could lose my job. However, when I was hired on, I moved within 2 months because I felt secure that the company I work for will not lay me off any time soon and that I could get a place to stay at. I answered truthfully to his question when I was asked if I was engaged to an American. He admitted me to the US and allowed me to have a TN Visa that expires 2 yrs from that day. I moved a month or two after that. If I was to get laid off today I still have a residency there and I can easily move right back.

I feel that my case does not show dual intentions, does anyone disagree???????

Thanks again for all, you guys are awesome!!!!

[warlord 72]

Well, when I last renewed my TN (it was the third time), it was because the company I was working at hired me as a direct employee. I told the officer that, I had been working there for over 2 years as a contractor and now I'm hired on. This is a big reason of why I moved because in the past when I was a contractor I didn't have job security to move, I can get laid off any day and I didn't want to get a lease since any day I could lose my job. However, when I was hired on, I moved within 2 months because I felt secure that the company I work for will not lay me off any time soon and that I could get a place to stay at. I answered truthfully to his question when I was asked if I was engaged to an American. He admitted me to the US and allowed me to have a TN Visa that expires 2 yrs from that day. I moved a month or two after that. If I was to get laid off today I still have a residency there and I can easily move right back.

I feel that my case does not show dual intentions, does anyone disagree???????

Thanks again for all, you guys are awesome!!!!

That's all perfectly fine and legal. You went and got a brand new TN and moved because the new position you had meant it was easier for you. Regardless anytime you get your very first TN or any new TN's after it's perfectly acceptable to move or not move depending. You could have easily decided to remain in Canada. So no there are no issues or dual intent with that. If the Officer thought that you were exploiting the system they would not have granted you access and denied your new TN status application.

Now you are like anyone else on the TN status living in the US. If you got laid off today, then you would have to leave the US (or apply for an actual visitors visa). This would be no different then if you lived in Canada and worked on the TN status commuting. This is why the temporary nature of the TN status. Some actual visas (possible the H1B) may allow you to remain in the US if something like that happens, but the TN which is not a visa isn't the same.

So yeah, since you stated you can easily move back to Canada as you have residnecy there. That even showed the officer more ties to Canada and that you are treating the TN status as a temporary thing. So there is nothing wrong with your entry and nothing wrong with now going forward with your marriage whenever you want. Just make sure you leave enough time which it seems with a 2 year status, you have plenty of time to get married. Just get married though before you have 8 months left on this TN otherwise you might be cutting it short...

[bluberry 0]

I just want to say thank you guys for everything, I really appreciate it...I will update my journey after we get married in a few months.

I hope to be able to give back to this site as much as I've gotten. All the best guys. God Bless and Happy Easter