TN Visa to Green Card through Marriage - Can I travel?

[frankiebean 9]

I am getting married to my fiance next week, and would like to apply for my AOS as soon as poosible (July 2018). 

 

I am a Canadian citizen on a TN visa, and he is an American citizen. I plan to file the following forms: 

1. I-130
4. I-485
5. I-765 
6. I-131 

 

I want to be able to travel next February back to Canada for my dad's birthday. I'm wondering if I apply for the advance parole form (I-131), will it allow me to travel back for leisure reasons or does it need to be for business or family emergency?

 

Also, does one application of I-131 apply for all travels, or do I need to reapply every time I plan to travel?

 

Thanks!

[iulia.matey 25]

I'm not familiar with adjusting status from a TN visa, but i imagine you researched that and know the potential implications.

As for advance parole, the form i-131 allows you to mark whether you want to use it for a single or multiple re-entries, and you can just visit - it's not just for emergencies. If you know the dates of your travel it helps to add them but it's not mandatory. 

Good luck!

[GreatDane 366]

1 hour ago, frankiebean said:

I am getting married to my fiance next week, and would like to apply for my AOS as soon as poosible (July 2018). 

 

I am a Canadian citizen on a TN visa, and he is an American citizen. I plan to file the following forms: 

1. I-130
4. I-485
5. I-765 
6. I-131 

 

I want to be able to travel next February back to Canada for my dad's birthday. I'm wondering if I apply for the advance parole form (I-131), will it allow me to travel back for leisure reasons or does it need to be for business or family emergency?

 

Also, does one application of I-131 apply for all travels, or do I need to reapply every time I plan to travel?

 

Thanks!

When you file, apply for EAD/AP - it should be done in time for your dad's birthday. Processing times might change. Leaving the country before you receive EAD/AP or your green card will result in the abandonment of your application. You would then have to reapply as a CR1 and live outside the country. If there is an emergency, you can apply for emergency AP. They do not allow for leisure travel back and forth for visits. Once your AP is processed, you will be able to leave and enter without any additional hassle.

 

[Teemo 252]

6 hours ago, frankiebean said:

I am getting married to my fiance next week, and would like to apply for my AOS as soon as poosible (July 2018). 

 

I am a Canadian citizen on a TN visa, and he is an American citizen. I plan to file the following forms: 

1. I-130
4. I-485
5. I-765 
6. I-131 

 

I want to be able to travel next February back to Canada for my dad's birthday. I'm wondering if I apply for the advance parole form (I-131), will it allow me to travel back for leisure reasons or does it need to be for business or family emergency?

 

Also, does one application of I-131 apply for all travels, or do I need to reapply every time I plan to travel?

 

Thanks!

Are you already in the US? TN is not a dual intent visa so theoretically every time you come in CBP are judging intent. Did this come up on your last entry?

 

You should definitely apply for the advance parole as you cannot leave the country without it otherwise you'll be abandoning the I-485. It is free. Yes it can be leisure reasons, and it applies for all travels. It is taking about 4-5 months on average to receive right now. 

 

You also need to file the I-130a and the I-864, with supporting evidence. 

[A&H2018 148]

As mentioned if you apply for i130 your TN for sure will be revoked once you try to re-enter. So yes you will need to get the AP before you can travel again.

[NikLR 13,234]

18 hours ago, frankiebean said:

I am getting married to my fiance next week, and would like to apply for my AOS as soon as poosible (July 2018). 

 

I am a Canadian citizen on a TN visa, and he is an American citizen. I plan to file the following forms: 

1. I-130
4. I-485
5. I-765 
6. I-131 

 

I want to be able to travel next February back to Canada for my dad's birthday. I'm wondering if I apply for the advance parole form (I-131), will it allow me to travel back for leisure reasons or does it need to be for business or family emergency?

 

Also, does one application of I-131 apply for all travels, or do I need to reapply every time I plan to travel?

 

Thanks!

You will need more forms than that, however if your AP is approved in time it is multiple use and can be used to leisure. 

[frankiebean 9]

Great!! Thank you everyone so much for your replies, I've got the answers I need