Canadian working in the US under a TN visa...

[lletrero 0]

Hey guys!.. Im a Canadian working in the US under a TN Visa.. Im engaged to the love of my life (whos a us citizen, born and raised).. we are about to get married.. if i can get some advice on what type of visa we should apply for.. is it different that i already have a status (TN)?.. will i have to give up my current status when i apply for a say K-3 and be forced to leave the country (US)... any help or thoughts would be appreciated (especially from anyone in the same or has experienced the say events)... thanks!

[YuAndDan 153]

Forget the K-3, improved processing at USCIS and NVC have eliminated it.

USCIS WILL pull the I-130 from the queue and then tie the I-130 and I-129F together and approve on same date, then NVC WILL close the I-129F and proceed on with the CR-1.

Filing an I-129F will only slow the process down when they pull the I-130 out of the queue to combine the two petitions.

K-3 served only one function, it was derived at a time when I-130 was taking years to get approved, however now since I-130 is approved at same time as I-129F the function of K-3 (Entry to USA and WAITING for I-130 approval) no longer exists, so NVC kills the K-3 in favor of the superior CR-1 or IR-1 visa.

Any step-children intending to immigrate?? If so did you file I-130s for them?

I have seen many posts where NVC Kills the K-3, and then the petitioner having to rush file an I-130 for step child.

For example: http://www.visajourn...eed-advice-asap

NVC WILL CANCEL the K-3 if they receive the two petitions from USCIS together.

How will the Department of State process my K-3 visa petition?

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

• The nonimmigrant K visa will be administratively closed.
• The application process explained below will not be applicable and cannot be used.
• The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality.

http://travel.state.gov/visa/immigrants/ty...pes_2993.html#4

Start here: http://www.visajourn...tent/i130guide1

You are in the USA on the TN?? If so the why not file I-130 AND I-485 together and adjust status. You should have no problem with intent, you are here working correct?

[Darnell 8,478]

whew ! be lucky yer a Canadien here on a TN visa !

you and yer spouse WILL qualify to file an AOS package. NO VISA required.

Check out the guides section here, asap-ish.

*** moving to 'Adjustment of Status from Work, Student, & Tourist Visas ' forum ***

Edited February 12, 2011 by Darnell

[Harpa Timsah 13,258]

Yep, file this. Good luck and congrats on your marriage!

http://www.visajourney.com/content/i130guide2

[smurrito 1]

Hey guys!.. Im a Canadian working in the US under a TN Visa.. Im engaged to the love of my life (whos a us citizen, born and raised).. we are about to get married.. if i can get some advice on what type of visa we should apply for.. is it different that i already have a status (TN)?.. will i have to give up my current status when i apply for a say K-3 and be forced to leave the country (US)... any help or thoughts would be appreciated (especially from anyone in the same or has experienced the say events)... thanks!

I'm in the same situation as you. Check out this post, VERY helpful.

http://www.visajourney.com/forums/topic/212749-from-tn-status-to-green-card/

Here's a gist of what you should do:

1)Get married IN THE US

2)Apply for AOS/AP/EAD. Your TN Status will be valid until it expires. But DO NOT LEAVE the country until you get the Green Card (or AP is approved).

[sannez 0]

I think we made a big mistake...My husband is also here on a TN Visa and we just applied for AOS, but in the packet we sent to the Chicago Lockbox, we did not include the EAD. We were under the impression that since he is already working legally (with his visa) he could continue to work until he received his green card.

I feel just horrible. How much of a mess are we in?

[Harpa Timsah 13,258]

None at all. I believe the TN EAD is still good through the AOS process. If I am wrong (and I don't have time to check, sorry! I'll check later if necessary), the worst-case scenario is that you would send an EAD application based on the pending I-485 once you get your notice of acceptance (NOA1). The fee for the EAD will still be waived if filed based on pending I-485. It's basically the same! Don't worry at all!

[sannez 0]

Are you sure?! Oh, what a relief! I just called my husband almost in tears because I thought we we had done it wrong! Thank you so much for your quick response! He had his biometrics appt today, so hopefully we will hear something soon...

If they needed the EAD, would they tell us it was missing from the AOS app packet?

[Harpa Timsah 13,258]

Yes, I'm sure! Don't cry! The EAD is totally optional. Once he gets his GC, the EAD is no longer needed. His GC is his work authorization. So no, they won't tell you it's missing. He already has an EAD so he can use it until he gets his GC. No worries.

[lletrero 0]

thanks so much!.. this is all very helpful!.. we got our marriage license yesterday and will get married next week!.. then the fun begins..

[lletrero 0]

thank you so much. that post was very helpful. a few more things... where do i get all the literature/documentation to fill out?.. where do i send it?.. I how much is the overall cost?.. thanks again to everyone for the help

I'm in the same situation as you. Check out this post, VERY helpful.

http://www.visajourney.com/forums/topic/212749-from-tn-status-to-green-card/

Here's a gist of what you should do:

1)Get married IN THE US

2)Apply for AOS/AP/EAD. Your TN Status will be valid until it expires. But DO NOT LEAVE the country until you get the Green Card (or AP is approved).

[Darnell 8,478]

Recheck post #4 - there's a LINK there - please click it (on a PC) , all should be 'revealed' to you then.

[smurrito 1]

thank you so much. that post was very helpful. a few more things... where do i get all the literature/documentation to fill out?.. where do i send it?.. I how much is the overall cost?.. thanks again to everyone for the help

You can get all the forms from uscis.gov. Also, make sure to read the link in post #4 - it has great explanations of how to do everything.