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Emilia

Canadian in US for over 6 months

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Filed: Timeline

My husband and I are Canadians. He is in us with H1B visa. I am in US since 4th January on the process of getting TN visa as RN. It is taking longer than calculated to get my RN licence in place. I have just find out that I should not have been in US as visitor for over 6 months. What now? I'm afraid that I will be in a lot of trouble when i will need to enter with the TN visa. What shell I do?

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My husband and I are Canadians. He is in us with H1B visa. I am in US since 4th January on the process of getting TN visa as RN. It is taking longer than calculated to get my RN licence in place. I have just find out that I should not have been in US as visitor for over 6 months. What now? I'm afraid that I will be in a lot of trouble when i will need to enter with the TN visa. What shell I do?

Apply for the TN 1 visa accordingly and if and when it comes up, tell them the truth about why you overstayed. I'm not sure what other options are available to you and when truth is an option, always take it !!


2007 Nov 30: Met in Las Vegas, Nevada

2009 Jul 13: Proposed/Engaged in Sedona, Arizona

2009 Dec 26: Married in Tucson, Arizona

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2009 Dec 30: Filed I-130

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I-130 was approved in 76 days from NOA1 date

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2010 Mar 30: NVC received - case# assigned - emails given to NVC

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Completed in 24 days

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2010 May 27: Email from NVC - consulate received file - interview Montreal Jul 27th

2010 Jun 16: Medical @ Woking Medical Centre, Vancouver, Canada - APPROVED

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Your interview took 201 days from your I-130 NOA1 date

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Filed: K-1 Visa Country: Vietnam
Timeline

My husband and I are Canadians. He is in us with H1B visa. I am in US since 4th January on the process of getting TN visa as RN. It is taking longer than calculated to get my RN licence in place. I have just find out that I should not have been in US as visitor for over 6 months. What now? I'm afraid that I will be in a lot of trouble when i will need to enter with the TN visa. What shell I do?

I wasn't aware you could apply for a TN visa from within the US. I thought you had to apply at a US consulate abroad, or (since you're Canadian) at a port of entry. Is there a provision in the immigration law that allows you to obtain a TN visa while you're in the US?

Also, you are eligible for an H1B spousal visa. However, you couldn't work in the US with this visa type.

Your overstay is not a problem yet, but it will become a problem if you overstay by 180 days or more. The TN isn't a visa type I've done much reading on, but I think you need to return to Canada before your overstay reaches 180 days, and then apply for the TN at a US consulate in Canada. With any overstay amount, you might have a tough time getting a TN at a port of entry. CBP tends to be tougher on overstays than DoS.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Timeline

Apply for the TN 1 visa accordingly and if and when it comes up, tell them the truth about why you overstayed. I'm not sure what other options are available to you and when truth is an option, always take it !!

Thanks. I will. I should have the papers to documnt the dates of the exams and all the steps that contributed to my overstay.

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Filed: Timeline

I wasn't aware you could apply for a TN visa from within the US. I thought you had to apply at a US consulate abroad, or (since you're Canadian) at a port of entry. Is there a provision in the immigration law that allows you to obtain a TN visa while you're in the US?

Also, you are eligible for an H1B spousal visa. However, you couldn't work in the US with this visa type.

Your overstay is not a problem yet, but it will become a problem if you overstay by 180 days or more. The TN isn't a visa type I've done much reading on, but I think you need to return to Canada before your overstay reaches 180 days, and then apply for the TN at a US consulate in Canada. With any overstay amount, you might have a tough time getting a TN at a port of entry. CBP tends to be tougher on overstays than DoS.

I can not apply from within US for TN visa. I will have to do all my papers for the licence and get a job offer and than go for a little family visit in Canada and apply for the TN at the point of entrence back to US with all the documentations ready. I did not know that I should not have been here over 6 months... I could have applied for H1B spousal... I know ignorance is not an excuse but this is the situation I'm in now...

Thank you very much for your advice.

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