TN status filing for AOS after marriage

[TNvisaYYZ 0]

Hi,

I am a Canadian citizen currently working in the US on TN visa with about 2 years validity remaining. I am getting married end of July to my American fiancee. I was planning on filing for an AOS after we get married. However, I travelled to Canada in middle of June, which is less than 90 days from the wedding. Is that grounds for USCIS to reject my AOS application? Is the 90-day rule applicable to last entry or when I got my TN status?

 

If so, what other options do I have? Of course, I can move back to Canada while the whole process takes place but I would like to maintain my job.

Edited July 1, 2019 by TNvisaYYZ

[USS_Voyager 1,971]

1 hour ago, TNvisaYYZ said:

Hi,

I am a Canadian citizen currently working in the US on TN visa with about 2 years validity remaining. I am getting married end of July to my American fiancee. I was planning on filing for an AOS after we get married. However, I travelled to Canada in middle of June, which is less than 90 days from the wedding. Is that grounds for USCIS to reject my AOS application? Is the 90-day rule applicable to last entry or when I got my TN status?

 

If so, what other options do I have? Of course, I can move back to Canada while the whole process takes place but I would like to maintain my job.

No you’re fine. Just do everything as planned. 

[NikLR 13,220]

1 hour ago, TNvisaYYZ said:

Hi,

I am a Canadian citizen currently working in the US on TN visa with about 2 years validity remaining. I am getting married end of July to my American fiancee. I was planning on filing for an AOS after we get married. However, I travelled to Canada in middle of June, which is less than 90 days from the wedding. Is that grounds for USCIS to reject my AOS application? Is the 90-day rule applicable to last entry or when I got my TN status?

 

If so, what other options do I have? Of course, I can move back to Canada while the whole process takes place but I would like to maintain my job.

If they let you back in at this point you are fine.  But really you had the intent to stay so you indirectly lied to the CBP officer.

I do not suggest leaving the USA again until you have your AP.  There is no 90 day rule with the USCIS.  

[617Haligonian 34]

I wouldn't worry about the visit to Canada in June. You're allowed to travel on your TN Visa. You came back to the States to resume working on your TN Visa, not as a visitor with intent to get married. I'd just prep your AOS packet ahead of time so you can file asap after the wedding (just in case something happens at your job and you lose your TN, just worst case scenario planning). 

 

IIRC the 90 day rule was usually regarding visitors, not folks on some sort of working visa. If you came on a visitors visa and married 3 days later, that's fishy and why people talk so much about that 90 day rule. 

 

Congratulations, hope you have an awesome wedding! 

[NikLR 13,220]

6 hours ago, muricafyeah said:

I wouldn't worry about the visit to Canada in June. You're allowed to travel on your TN Visa. You came back to the States to resume working on your TN Visa, not as a visitor with intent to get married. I'd just prep your AOS packet ahead of time so you can file asap after the wedding (just in case something happens at your job and you lose your TN, just worst case scenario planning). 

 

IIRC the 90 day rule was usually regarding visitors, not folks on some sort of working visa. If you came on a visitors visa and married 3 days later, that's fishy and why people talk so much about that 90 day rule. 

 

Congratulations, hope you have an awesome wedding! 

Regardless TN is granted due to non-immigrant intent.  If your intention will be to immigrate, you're not allowed to use it.  It doesn't matter if it's a student, work, or tourist visa.  A non-immigrant visa is not supposed to be used to enter the USA with the purpose of immigration.  Granted the OP has a job and was returning to said job. But the wedding and likely the AOS has already been planned. But since they left and re-entered, and were allowed entry, I suggest NOT leaving the USA again until after.

 

The OP should also find out if they can continue to work or if they can leave the USA without EAD/AP.  I'm not sure when their TN status isn't applicable after AOS. 

[NikLR 13,220]

There's a lot of fear mongering on this but near the end they say you need EAD to continue working if your TN status is up for renewal.  You need AP to leave and return without the AOS being considered abandoned.  You cannot renew the TN once you start the AOS process

https://www.prizant-law.com/tn-visa-professionals-and-applications-for-lawful-permanent-residence-green-cards/

https://bdzlaw.com/tn-aos-issues

https://legalservicesincorporated.com/i-am-in-tn-status-can-i-apply-for-adjustment-of-status-in-the-united-states-what-is-the-doctrine-of-dual-intent-what-is-the-likelihood-that-the-tn-extension-of-status-would-be-approved-given-the-pe/

 

 

Edited July 1, 2019 by NikLR
spelling

[eckoin 211]

On 7/1/2019 at 8:07 AM, NikLR said:

There's a lot of fear mongering on this but near the end they say you need EAD to continue working if your TN status is up for renewal.  You need AP to leave and return without the AOS being considered abandoned.  You cannot renew the TN once you start the AOS process

https://www.prizant-law.com/tn-visa-professionals-and-applications-for-lawful-permanent-residence-green-cards/

https://bdzlaw.com/tn-aos-issues

https://legalservicesincorporated.com/i-am-in-tn-status-can-i-apply-for-adjustment-of-status-in-the-united-states-what-is-the-doctrine-of-dual-intent-what-is-the-likelihood-that-the-tn-extension-of-status-would-be-approved-given-the-pe/

 

 

Just a note - using AP will invalidate TN. OP can continue to work on TN through its validity without issues, but as soon as AOS benefits--EAD or AP--are used for their respective purposes, OP loses TN status. 

 

Not an issue really, since they can keep working at the same job under EAD instead, but may save some headaches if OP were to answer the wrong thing, eg "I'm working under TN, here is my AP to get back to the US".