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Applying for TN visa while waiting for consular processing

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Has anyone had experience with applying for TN visa while waiting for their interview at Canada consulate? 

 

I really appreciate it if you share your experiences, tips or difficulties you encountered. 

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~~moved to work visas from IR1/CR1 process and procedures.  Topic is about a type of work visa~~

 

I personally have not tried this however TN visa requires nonimmigrant intent. That would be a little difficult during the IR1/CR1 process. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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11 hours ago, NikLR said:

~~moved to work visas from IR1/CR1 process and procedures.  Topic is about a type of work visa~~

 

I personally have not tried this however TN visa requires nonimmigrant intent. That would be a little difficult during the IR1/CR1 process. 

True but at the same time, the applicant must leave the US for interview at the consulate and there is no way he can turn his work stay in the US to immigration based stay.

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18 minutes ago, Parisa_1234 said:

True but at the same time, the applicant must leave the US for interview at the consulate and there is no way he can turn his work stay in the US to immigration based stay.

Except that somebody can switch from consular processing to AOS. Definitely not "no way" to do that, and many others have done it.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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2 minutes ago, geowrian said:

Except that somebody can switch from consular processing to AOS. Definitely not "no way" to do that, and many others have done it.

Yes but they have to cancel the consular processing and always risk not being admitted because of misleading the US immigration. Also, they can always do that with a visitor visa why should they bother with a TN. 

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1 minute ago, Parisa_1234 said:

Yes but they have to cancel the consular processing and always risk not being admitted because of misleading the US immigration. Also, they can always do that with a visitor visa why should they bother with a TN. 

Nothing gets "cancelled" (unless they already scheduled their interview, but then why even get a TN if they're that close).

There is not an increased risk of being denied.

 

Yes, they could attempt to do so as a visitor. The difference here is that you are going through a CO who actually looks at one's circumstances much more so than CBP does.

There is a required presumption of immigrant intent when applying for a non-immigrant visa that the applicant must overcome. This is in the INA directly.

 

To be clear, I'm not saying they will refuse the visa. Apply and find out. But they absolutely will consider immigrant intent, and just because there is a pending consular processing doesn't mean somebody won't try to AOS instead (as noted, many people have done this).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Many people apply for AOS from TN everyday.  As geowrain has explained its not hard to switch from consular processing to AOS and intent is determined at entry.  So they cant deny the AoS for intent alone but they can certainly deny tn status for inent to immigrate.  


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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For clarity, the process starts similar enough that you dont do anything but pay more money and send more forms.  There's zero cancelling or starting over. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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