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ice-qube

Can I apply for TN-1 visa while in spousal consular process?

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My US citizen wife has submitted the I-130 and started consular process for my Green Card. However, the processing times are shockingly long just for that form at the Nebraska service center. Is it possible-- or safe--to apply for a TN-1 visa for an eligible job category so that I can move to US in meantime while that plays out?

 

Any experiences with this here? 

 

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You can but may face issues getting approved for it since it’s not dual intent, doesn’t mean direct denial but approval may be harder.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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18 minutes ago, ice-qube said:

My US citizen wife has submitted the I-130 and started consular process for my Green Card. However, the processing times are shockingly long just for that form at the Nebraska service center. Is it possible-- or safe--to apply for a TN-1 visa for an eligible job category so that I can move to US in meantime while that plays out?

 

Any experiences with this here? 

 

How can you qualify?

 

https://tnvisaexpert.com/blog/non-immigrant-intent-for-tn-visa/

"The TN visa is treated as one of the regular non-immigrant visa. You will be subject to the same immigrant intent presumption as other non-immigrant visas. So when you apply for a TN visa, you must provide bona fide non-immigrant intention. "


                    "What I am to be, I am now becoming"-  Benjamin Franklin     

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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You won't be approved for a TN-1 with an active I-130 petition.  Unfortunately, you'll just have to wait out the process and hope that Nebraska can clear the backlog.  If you just filed the I-130 a month ago, you have at least a year, maybe longer, to wait for a visa.  The process is long and difficult when you're separated from your spouse.  My husband and I have been living apart for almost two years so we know the pain this causes.  You can visit your spouse frequently to help ease the pain while waiting for a visa. Good luck with the process!

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2 minutes ago, missileman said:

How can you qualify?

 

https://tnvisaexpert.com/blog/non-immigrant-intent-for-tn-visa/

"The TN visa is treated as one of the regular non-immigrant visa. You will be subject to the same immigrant intent presumption as other non-immigrant visas. So when you apply for a TN visa, you must provide bona fide non-immigrant intention. "

This is exactly what I feared. Ridiculous.

1 minute ago, carmel34 said:

You won't be approved for a TN-1 with an active I-130 petition.  Unfortunately, you'll just have to wait out the process and hope that Nebraska can clear the backlog.  If you just filed the I-130 a month ago, you have at least a year, maybe longer, to wait for a visa.  The process is long and difficult when you're separated from your spouse.  My husband and I have been living apart for almost two years so we know the pain this causes.  You can visit your spouse frequently to help ease the pain while waiting for a visa. Good luck with the process!

It's a ridiculously long time to hold up one's life. Who knows if my marriage survives.

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3 minutes ago, ice-qube said:

This is exactly what I feared. Ridiculous.

It’s not ridiculous, it’s rules and regulations.

 

3 minutes ago, ice-qube said:

It's a ridiculously long time to hold up one's life. Who knows if my marriage survives.

 If 1 year wait risks the marital life, then that marital relation could end up in divorce any time IMO.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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4 minutes ago, ice-qube said:

 

It's a ridiculously long time to hold up one's life. Who knows if my marriage survives.

You will be able to visit, so this will help a little. We know it’s tough to be apart.. Here another married couple that has been apart for 2 years too.. If the marriage is solid, you have a good chance that you will make it.

Wishing you all the best, hang in there!


 

USNLhome.jpeg

 

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7 minutes ago, ice-qube said:

This is exactly what I feared. Ridiculous.

It's a ridiculously long time to hold up one's life. Who knows if my marriage survives.

Most all of us have had to endure separation and a long wait during the process......


                    "What I am to be, I am now becoming"-  Benjamin Franklin     

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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Posted (edited)
30 minutes ago, ice-qube said:

This is exactly what I feared. Ridiculous.

It's a ridiculously long time to hold up one's life. Who knows if my marriage survives.

The processing times are really problematic. It is a pity that people who are trying to do the whole process legally end up waiting more than some people that found a way to circumvent the system and end up Adjusting Status ridiculously fast.

 

Will it take a toll on your relationship? Yes, probably. We are all human and I would be lying if I told you immigration shenanigans didn't increase the level of stress in my relationship with my wife. It is a difficult process, with lots of frustration involved in it: it involves money matters, career choices, leaving family behind, waiting, waiting, waiting... So if I can offer you any advice is this: find projects that can keep you both busy during this very long wait. Don't bottle up your frustrations when they start piling up (and they will, trust me). Save money and find ways to visit and be together as much as you can. 

 

And that's all you can do, really. Don't let the stress of the situation take control. Best of luck!

Edited by Nat&Amy

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38 minutes ago, arken said:

It’s not ridiculous, it’s rules and regulations.

 

 If 1 year wait risks the marital life, then that marital relation could end up in divorce any time IMO.

Rules and regulations can't be ridiculous? 

 

and you say: " If 1 year wait risks the marital life, then that marital relation could end up in divorce any time IMO."

 

Yes that is correct, this is not 1890, they can leave you anytime.

14 minutes ago, Nat&Amy said:

The processing times are really problematic. It is a pity that people who are trying to do the whole process legally end up waiting more than some people that found a way to circumvent the system and end up Adjusting Status ridiculously fast.

 

Will it take a toll on your relationship? Yes, probably. We are all human and I would be lying if I told you immigration shenanigans didn't increase the level of stress in my relationship with my wife. It is a difficult process, with lots of frustration involved in it: it involves money matters, career choices, leaving family behind, waiting, waiting, waiting... So if I can offer you any advice is this: find projects that can keep you both busy during this very long wait. Don't bottle up your frustrations when they start piling up (and they will, trust me). Save money and find ways to visit and be together as much as you can. 

 

And that's all you can do, really. Don't let the stress of the situation take control. Best of luck!

Thank you, some wise words, and candid.

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5 minutes ago, ice-qube said:

Rules and regulations can't be ridiculous? 

 

and you say: " If 1 year wait risks the marital life, then that marital relation could end up in divorce any time IMO."

 

Yes that is correct, this is not 1890, they can leave you anytime.

Thank you, some wise words, and candid.

We all truly understand how you feel. This forum does not only have the knowledge present but also the true understanding of what the Immigration process does to somebody on a mental level.

Going through this process has the same steps as going through a grieving process. It might sound strange but it is very similar.


 

USNLhome.jpeg

 

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You can certainly apply.


“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.”

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3 hours ago, ice-qube said:

Rules and regulations can't be ridiculous? 

The entire process is ridiculous, you can't expect much sense out of the thought process of USCIS. That being said, there are dual intent work visas out there. If you qualify for them, that is. Just so happens, that TN is not one of those dual intent visas.


Our CR1 Journey So Far:
 

USCIS Stage:

  • Feb 8 2019: Sent package
  • Feb 14 2019: Delivered
  • Feb 21 2019: NOA1 (PD Feb 14, 2019)
  • Assigned to Nebraska Service Center (yay... 🙄)
  • Waiting for: NOA2

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On 7/31/2019 at 1:45 PM, ice-qube said:

My US citizen wife has submitted the I-130 and started consular process for my Green Card. However, the processing times are shockingly long just for that form at the Nebraska service center. Is it possible-- or safe--to apply for a TN-1 visa for an eligible job category so that I can move to US in meantime while that plays out?

 

Any experiences with this here? 

 

We did that...husband got a TN visa after we filed his I-130 petition.  Other commenters are correct, all is dependent on the border agent.  If you do go that route, make sure you bring your ORIGINAL diploma and credentials with you to the airport to get the visa.

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Posted (edited)
27 minutes ago, SunnyTiger said:

We did that...husband got a TN visa after we filed his I-130 petition.  Other commenters are correct, all is dependent on the border agent.  If you do go that route, make sure you bring your ORIGINAL diploma and credentials with you to the airport to get the visa.

I thought a TN visa is non-immigrant visa.........

Edited by missileman

                    "What I am to be, I am now becoming"-  Benjamin Franklin     

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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