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Filed: Country: Canada
Timeline
Posted

Okay so here is the story. I am an American citizen married to a Canadian citizen. I have been living in Canada as a permanent citizen for a year (permanent citizen for a year, visitor for a year before that. Total time in Canada will be three years in February. )

Recently my husband got a job offer from a university in michigan. He's decide to attempt to pursue it and rather than moving closer to the border and commuting he thinks we should move to the states. His job interviews went well and he was advised to apply for a tn visa to try to start work as soon as possible (I believe the h-1b takes much longer or has some other wait involved)

Now the very day that he got his job offer we had submitted paperwork to start sponsorship for him.

Checking my status today, I learned that our i130 form was approved and to await further information.

So my question is this - can he still apply for the tn visa at the border? Is there a less scary way to apply for the tn visa (which as I understand it, we pack our stuff ready to go, drive to the border, and kind of hope the guard is in a good mood and let's us go)

Many thanks for taking the time to read this. Really hoping someone else has the same situation and csn offer their advice.

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

*** Thread moved from CR-1 Process forum to the Work Visas forum. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

  • 2 weeks later...
Filed: Other Country: Russia
Timeline
Posted

So I suppose no one has ever applied for a spousal sponsorship then gone to apply for a tn visa so they can work in the meantime?

People have entered successfully in Tn status with a pending I-130. It is relatively straight forward. They may or may not deny the Tn based on a pending I-130, but it is possible to convince them that there is not immigrant intent. A filed I-130 does not automatically indicate immigrant intent.

Entering on a Tn with an approved I-130 is something I have not heard of. I'm not sure if they would treat it the same or not. I would guess it's easier for them to infer immigrant intent from an approved I-130 than form a pending one, but I am not sure if that would be an absolute indication for denial or just make it a little harder.

QCjgyJZ.jpg

Filed: K-1 Visa Country: Wales
Timeline
Posted

Tn is non immigrant, get a H?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Timeline
Posted (edited)

Both TN and H1B is a both non immigrant statuses. Answer to your question, you theoretically can apply for a TN while your I130 is pending but you can only have 1 status at a time. You cannot be both a TN and H1B for the same job. H1B takes longer to get and more costly. TN is $50 USD + $6 for I-94. The TN is easier to get but being Canadian you can just show up at the border to apply. However there would be more scrutiny for a TN. There are limited number of job professions available to a TN. http://canada.usembassy.gov/visas/doing-business-in-america/professions-covered-by-nafta.html. You need to bring documents proving you qualify for that job profession.

Job Title / Description: _________________________________________________

Edited by BlueSteel

CBP-OFO

Filed: K-1 Visa Country: Wales
Timeline
Posted

H is dual intent

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Wales
Timeline
Posted

Immigrant intent issue would not arise with a H.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Other Country: Russia
Timeline
Posted

Both TN and H1B is a both non immigrant statuses. Answer to your question, you theoretically can apply for a TN while your I130 is pending but you can only have 1 status at a time. You cannot be both a TN and H1B for the same job. H1B takes longer to get and more costly. TN is $50 USD + $6 for I-94. The TN is easier to get but being Canadian you can just show up at the border to apply. However there would be more scrutiny for a TN. There are limited number of job professions available to a TN. http://canada.usembassy.gov/visas/doing-business-in-america/professions-covered-by-nafta.html. You need to bring documents proving you qualify for that job profession.

Job Title / Description: _________________________________________________

The I-130 is no longer pending, it is already approved.

QCjgyJZ.jpg

Filed: Timeline
Posted

Tn is non immigrant, get a H?

H1b has annual quota and only a small fraction of people who qualify each year get it, and it needs to be applied only in April of each year for a start in October. H1b requires a lot of work from the employer and not many companies do it.

Filed: Timeline
Posted

Okay so here is the story. I am an American citizen married to a Canadian citizen. I have been living in Canada as a permanent citizen for a year (permanent citizen for a year, visitor for a year before that. Total time in Canada will be three years in February. )

Recently my husband got a job offer from a university in michigan. He's decide to attempt to pursue it and rather than moving closer to the border and commuting he thinks we should move to the states. His job interviews went well and he was advised to apply for a tn visa to try to start work as soon as possible (I believe the h-1b takes much longer or has some other wait involved)

Now the very day that he got his job offer we had submitted paperwork to start sponsorship for him.

Checking my status today, I learned that our i130 form was approved and to await further information.

So my question is this - can he still apply for the tn visa at the border? Is there a less scary way to apply for the tn visa (which as I understand it, we pack our stuff ready to go, drive to the border, and kind of hope the guard is in a good mood and let's us go)

Many thanks for taking the time to read this. Really hoping someone else has the same situation and csn offer their advice.

He's not supposed to use TN status to immigrate. The question is, does he intend to file Adjustment of Status while in TN status? If he has a preconceived intent to do that, they should deny him entry. If he intends to enter in TN, work, later leave and do Consular Processing in Canada, there should be no problem (though they could still deny him entry if they don't believe him).

  • 5 years later...
Filed: Citizen (apr) Country: Russia
Timeline
Posted

**Six year old zombie thread now locked from further comment. Please start a new thread if you have your own question.**

 

VJ Moderation

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

Spoiler

Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨 See guide here
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Apr 2020-Jun 2021) 🛂

Spoiler

Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail  ✉️ 

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

25-May-2021: New Oath Ceremony notice was mailed

16-Jun-2021: Oath Ceremony scheduled 🎆 - DONE!!

17-Jun-2021: Certificate of Naturalization issued

 

🎆 Members new and old: don't forget to fill in your VJ timeline! 🎇 https://www.visajourney.com/timeline/

 
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