TN-1 to Marriage based Green Card

[PBTR 0]

Hello all,

I'm relocating to US next spring and plan to apply for TN-1 (I am on list of professionals).

I will be marrying my husband (US citizen) in May of 2015 about a month after I arrive.

We are both professionals and are starting a business together - so I will be going to work for him technically.

***yes I am aware this may appear suspicious to Border Security***

Once we are married, we'd like to apply for my Green Card through marriage and an 'open work permit?"

Looking for advice seen as Lawyers are quite expensive, and we'd like to do this on our own (if possible).

Thoughts? Concerns? Suggestions appreciated.

thank you

[Manzan76 6]

Since TN visa approval is based on "non immigration intent", I would wait at least 2-3 months after arrival (1-2 months after wedding) to apply for the green card. The TN visa can be obtained for up to 3 years if your employment letter states that you will be working at that job for the next 3 years, and will still be valid while your application is being processed.

[CdnRN 40]

I did that process, without a lawyer. It is straightforward, the guides here were helpful in answering questions I had.

For what it's worth, talking about entering the US with the intent to immigrate on a non-immigrant visa and asking how to do it, is against the rules here since it is considered immigration fraud. A TN visa is a non-immigrant visa.

Why don't you immigrate using a K1 visa, since you will be planning to marry anyhow quite quickly? It would seem to be easier, not to mention more above board.

[PBTR 0]

Thanks Manzan76 and CdnRN for your input.

I have had a consultation with a immigration attorney and that is what they suggested to do. (TN-1 to Marriage Based Green Card).

I will need to start working right away in order to afford to live and will need to work during the Green Card application process not only to allow for a source of income, but to aid my partner in our business.

So unless there is another VISA for which I can apply to work under that I am not aware of?

I am not attempting to be fraudulant - I am simply trying to figure out what way is best to allow:

A) for me to legally work in the US as a professional

B) apply for my Green Card status while continuing to work legally as a professional once I am married.

Thank you.

[Manzan76 6]

I get that. For me, I'm thankful that I have my TN visa during the AOS process so that I can continue working. I have been TN status since 2001, and married since 2002. Never had any issues with renewing my TN while married, although it was nerve-racking until approval every time.

Good luck!

[CdnRN 40]

A TN visa would do that, though as I said, moving here with the intent to immigrate on a non-immigrant visa is the issue, so it is not something that is okay to promote here, or get advise.

If you were already working in the USA on a TN Visa, and decided to AOS, that would be different.

If you move here on a TN Visa why rush to AOS? I moved with the idea that I wanted to see if I liked living here, not to settle permanently. A TN Visa gives you three years to figure that out.

One thing to consider: if you are married less than 2 years, you will get a conditional 2 year green card, and have to remove conditions.

[PBTR 0]

Hi CdnRN,

sorry what is AOS?

I'm not in a rush to apply for my green card status - just figured that the sooner the better would be best.

What disadvantages are there to simply remaining down there on the TN for say a year over being accepted for a Green card asap? (if any?)

thanks again.

[CdnRN 40]

AOS = adjustment of status.

The limits of TN are that it is tied to your current employment (the one through whom you would get your TN), and technically if you quit working for that employer, you are supposed to immediately leave the country.

There is always the risk you could be denied entry at customs, though I suppose that is a risk for any visa. If at the POE they suspect you of trying to use TN to permanently immigrate they could deny you entry, too.

I personally crossed multiple times without any issues, but it's not guaranteed.

As Manzan76 said, the renewal can be nerve-racking when married or if they suspect you of using it to permanently immigrate.

[PBTR 0]

I am planning to apply at my POE for my TN.

I will be maintaining my Ontario Drivers license and bank accounts as evidence of proof of return. Should that be sufficient?

Do they generally ask personal questions when you are applying at the POE? I.e. relationship etc etc?

I'm just afraid like in many situations that if you provide too much information it can hurt you.

I'm just trying to figure out what is best for my situation.

[PBTR 0]

Also - I'm a little frustrated by this so called 'intent to immigrate'.

Why is it okay for someone on a K-1 Visa to apply immediately after for AOS but not someone on a TN-1 Visa?

BOTH ARE NON - IMMIGRANT VISA's.

It is also clearly published in the facts section of both this Site's K-1 Visa guide and the USCIS site that it is okay for them to apply for permanent residence.. but not a TN-1 holder?

Sorry the more I read this - the more it seems very lop-sided.

[CdnRN 40]

I'll preface this by saying others here are experts in the broader areas of visas so they can chime in and correct me. I'll explain it how I understand it.

You're right, both are termed non-immigrant visas. the only "immigrant visas" that exist are ones that directly result in the applicant obtaining a green card. Either through consular processing or by adjusting status.

A TN Visa is meant to be a temporary renewable work visa, that on it's own cannot lead to the holder immigrating.

A K1 visa is to allow a fiancé to enter the US in order to marry their USC fiancé. On its own it does not lead to a green card either and it expires as soon as the holder uses it. IE it is a non-immigrant visa.

It's purpose is to allow a fiancé to legally enter and marry their USC fiancé and adjust status to that of a legal permanent resident.

You can AOS from both, certainly, but the issue here is that intentionally getting a TN to enter the US the "easy" way so you can marry and AOS is immigration fraud and considered a violation here.

So we can't advise you on what to do to make it look like you intend to eventually return home.

I'd suggest applying for a K1 visa, submitting your EAD application as soon as you arrive, take your job offer and use that to expedite the EAD so you can work ASAP, marry and submit your AOS package within the 90 days of arrival.

[PBTR 0]

CdnRN,

thanks for your continued guidance. I've looked at your timeline - and was just wondering what if any issues you had when you finally decided to submit your AOS while on the TN?

thank you