TN Visa to AOS and traveling

[Pikesters 0]

I have a question. My husband, a Canadian citizen living in the US for the last 10 years, is here on a TN Visa which is good through September 2012. We got married in January and were waiting for a lull in his international business travel to file for AOS. Unfortunately, it doesn't look like there is going to be one, or at least not one long enough to wait for Advanced Parole. If your TN Visa is current, is the AOS application still considered abandoned when you leave the country if you travel before you've received Advanced Parole? He travels to Hong Kong frequently, just returned Saturday and now has another trip he has to take in mid-July. He's not worried because the last couple of times he's come through the border, he's asked about it and they've told him he'll be fine. I'm not as trusting, but wasn't sure how the process was handled. Is re-entry up to the discretion of the border/customs agent? Is your travel flagged in the system and then your AOS is thrown out? Any information on this would be greatly appreciated.

[Harpa Timsah 13,258]

Yes, his AOS will be considered abandoned if he leaves the country without Advance Parole. He might be let back into the country, but then at your interview the IO will see he left and will have to deny the AOS. If he needs to travel frequently, I might suggest a spousal visa. He can remain in the US on his TN (good for another year as you say) and work and travel normally. Then he can go to Canada for his interview and when visa is in hand, he will cross the border and trigger his permanent resident status - with travel rights.

[Pikesters 0]

Yes, his AOS will be considered abandoned if he leaves the country without Advance Parole. He might be let back into the country, but then at your interview the IO will see he left and will have to deny the AOS. If he needs to travel frequently, I might suggest a spousal visa. He can remain in the US on his TN (good for another year as you say) and work and travel normally. Then he can go to Canada for his interview and when visa is in hand, he will cross the border and trigger his permanent resident status - with travel rights.

I'd love to learn more about the spousal visa process. How long does he have to remain in Canada after his interview?

[Harpa Timsah 13,258]

I'm not sure - a week or so? He just needs time to get the visa made and delivered.

[Pikesters 0]

I'm not sure - a week or so? He just needs time to get the visa made and delivered.

The info out there is so confusing...I was on this site http://usvisa-info.com/en-CA/selfservice/us_immigrant_visas and unless I'm not reading it correctly, it sounds like we can't file at the consulate unless we live out of the United States. Anyone know if I'm misinterpreting that?

[Harpa Timsah 13,258]

I think that discussion is about filing directly through the consulate (DCF). You will be applying in the US - the petition goes through the USCIS system, then National Visa Center Stage, THEN he will go to Canada for an interview. They aren't discussing filing for AOS - they are discussing filing through the USCIS system in the states (which takes 5-6 months just to get petition approved).

[Pikesters 0]

I think that discussion is about filing directly through the consulate (DCF). You will be applying in the US - the petition goes through the USCIS system, then National Visa Center Stage, THEN he will go to Canada for an interview. They aren't discussing filing for AOS - they are discussing filing through the USCIS system in the states (which takes 5-6 months just to get petition approved).

So would we file for the I-130 to begin the process here, then request an interview at the consulate? I tried calling their information line and she referred me back to the USCIS website. If you have any links which outline the process, I'd appreciate the help!

[Harpa Timsah 13,258]

Yes, the I-130 filed by itself automatically "goes that way" - meaning to the consulate. Only by filing the I-485 would you say, "hey, keep this in the US and adjust me here!"

In other words, you file the I-130 by itself and it will take 6 months-ish to be approved. This form by itself does not change his status or affect you in any way - it simply creates a visa number for him. Then they will forward the I-130 to the National Visa Center, and there are some bills to be paid and steps to be done there - let's say it takes 1-2 months. Then they will forward the packet to Montreal, which is busy and won't probably be able to schedule an interview for a few months, so let's say they schedule an interview 3 months after the NVC stage is complete. Your husband's status or TN is not changed at all during this process (only the I-485 would change things). Then, he goes to his interview in Canada (and a medical appointment as well before the interview), gets approved, waits a week for the visa to be made and comes back to the US. His entry on that visa automatically triggers his LPR status - with travel rights. He will get a stamp in his passport that says "permanent resident" at the border.

The other option is to stay here and file AOS and time his trips so that he doesn't need to leave the US for at least 3 months. Usually the travel permission comes in 3 months or less, but leaving before it is approved and in hand will automatically result in his I-485 being abandoned.

Hope that helps.