Safest immigration option for my situation?

[huntr 0]

Hi all, great site with lots of useful information I just wasn't able to find a thread with my exact situation, so I was wondering if I can get some input on how to proceed here...

I've been working in USA for 2 months on a TN visa, I also have a US-citizen girlfriend (known each other for 6 years, been dating for 2, lots of evidence to support legit relationship, etc.)

As I understand, the TN visa has the requirement of "no intention to immigrate" when you get it... well my problem is that I now want to get married, but I really do not want to jeopardize my future entrances to the country, and I certainly don't want to lose my job (it's kind of my dream job!). Also the TN I was given has to be renewed yearly, the next renew is due in late December...

So what should I do? It would obviously be great if I could eventually get a green card through marriage, but I would definitely be ok with just being married and keep working on my TN for now, I'm just worried I'll run into trouble when I try to renew my TN and the fact that I'm married gets brought up... I'm not even sure if AoS is available for TNs... What seems like the safest option here?

Thanks for any assistance you can provide, and I'm sorry if this is the wrong section!

Edited March 11, 2012 by huntr

[NancyNguyen 1,657]

Even people comes on Visa Waive then get married and adjust status. So if you relationship is real, then you go for it. All non-immigrant visas are not for intention to adjust status, but they still do it if it is legit. So good luck, and make sure you are ready for a family.

[Dakine10 5,452]

Hi all, great site with lots of useful information I just wasn't able to find a thread with my exact situation, so I was wondering if I can get some input on how to proceed here...

I've been working in USA for 2 months on a TN visa, I also have a US-citizen girlfriend (known each other for 6 years, been dating for 2, lots of evidence to support legit relationship, etc.)

As I understand, the TN visa has the requirement of "no intention to immigrate" when you get it... well my problem is that I now want to get married, but I really do not want to jeopardize my future entrances to the country, and I certainly don't want to lose my job (it's kind of my dream job!). Also the TN I was given has to be renewed yearly, the next renew is due in late December...

So what should I do? It would obviously be great if I could eventually get a green card through marriage, but I would definitely be ok with just being married and keep working on my TN for now, I'm just worried I'll run into trouble when I try to renew my TN and the fact that I'm married gets brought up... I'm not even sure if AoS is available for TNs... What seems like the safest option here?

Thanks for any assistance you can provide, and I'm sorry if this is the wrong section!

If you get married, file the I-130/I-485 and get your green card. AOS is fine from a Tn nowadays. File the EAD also as it will allow you to keep working if your Tn expires before you get your GC. And if you anticipate returning to Canada during the AOS process file for AP also as you may get hassled trying to reenter on the Tn. You can follow this VJ guide to the letter. I would just caution don't file the AOS too close to your Tn expiration - allow at least enough time to get the EAD if you want to keep working.

Also you won't lose your Tn by getting married, but I wouldn't get married and count on being able to keep using and extending your Tn status. If you don't have immigrant intent, you could technically get married and keep using the Tn, but IMO re-entry and extension are no longer reliable options as you are relying on approval at the discression of the immigration officer each time you do this. AOS is safer if you plan to remain in the USA.

[Dakine10 5,452]

And if you anticipate returning to Canada

Oops, just noticed Mexico, not Canada. I'm not as familiar with the Tn from Mexico. I think the major difference being you get a visa first.

Many people from Canada, including myself, have adjusted from Tn status. I haven't read about any from Mexico, but at the point you're at now, the AOS pathway would be the same. Follow the guide.

Edited March 12, 2012 by Dakine10

[huntr 0]

Thanks for the replies!

I would just caution don't file the AOS too close to your Tn expiration - allow at least enough time to get the EAD if you want to keep working.

What's "too close"? Obviously I'd do this as soon as possible, but assuming a worst case scenario, when would it be too late/risky to start the whole process? (10 months left on my TN visa as of right now)

[Dakine10 5,452]

Thanks for the replies!

What's "too close"? Obviously I'd do this as soon as possible, but assuming a worst case scenario, when would it be too late/risky to start the whole process? (10 months left on my TN visa as of right now)

It's not risky- just if your Tn expires and you don't have the EAD or GC, then you would have to stop working and wait. Assuming everything else is OK with the paperwork, the EAD can take up to 90 days.