Getting Married On TN Visa. What to do next??

[smoozy82 0]

Hey Everyone

I have been working on a TN visa for 5 years now as a nurse. I would love to marry my american sweetheart ASAP. Originally we were going to get married in Canada (where I'm from) but I have learned that it might take up to six months for a marriage certificate. Anyways we are going to do a justice of the peace deal here and then renew vows for family when I have my green card. I really would like to know what my next step would be after we are married. Most of what I am reading on this site is from people who are living in thier home countries waiting for paperwork to be completed. I'm already in the US and really don't want to lose my job! TN expries Sept 2008. Do I have enough time to file while in the US? Please help...so confused.. Thanks!

[kim&james 0]

If your visa does not have any conditions it is a fairly easy process.

http://www.visajourney.com/forums/index.ph...p;page=otheraos

http://www.visajourney.com/forums/index.ph...page=i130guide2

All forms go to the chicago lockbox in one package.

You will need to complete the medical and include this in your AOS submission.

Apply for a EAD (I-765) with your submission. For AP, apply it is included in the AIS costs along with the EAD but I would be very careful about leaving the country and would probably try to avoid doing so.

A consult with a competant immigration attorney for peace of mind on your individual case might be helpful but it is not hard to fill in the forms yourself.

Also make sure that you read the instructions that are on each of the forms, they can be confusing but use the resources here and check the example forms. If you get stumped on something just post the question.

[Reba 2]

Check out the Canada forum here I'm sure there are others here who've adjusted from a TN.

[pushbrk 12,232]

Check out the Canada forum here I'm sure there are others here who've adjusted from a TN.

All greek to me. Since I was born in Oklahoma, I don't need a visa for Tennessee, like a New Yorker or Canadian would.

[borealgirl 0]

Hi!

I am a TNer - or was. I recommend giving yourself at least six months from receipt of all application materials to geettting your EAD. You should apply for:

AP

EAD

I-485

I-130

Medical

Affadavit of support.

Advice:

1) If you can afford it, have a lawyer prepare it. It is so easy to make a mistake. However, if you are an expert at college applications and scholarship applications, it may not be too difficult for you. If you do go for a lawyer, choose one who is familiar with TNs. There is a guy in Buffalo who may help you out. He will work with you via mail/phone. People will telll you not to, because they had no problems. LAWYERS ARE LIKE HOMEOWNERS INSURANCE....ONLY NECESSARY WHEN AND IF THINGS GO BAD.

2) Timelines are hard to estimate because there have been numerous policy changes at USCIS over the past two years. Also, cettain centres (like NYC) as reputed to take longer than others, less time than some). However, once certified as received (and COMPLETE with payment) your EAD (employment authorization) should not take more than 90 days. If it does, make an Infopass appointment for the 90th day since applying. This is why you should give yourself a few extra months. Things have been known to get lost at USCIS.

3) All of the above forms (and possibly more? I can;t remember now) should be in one Fed Ex envelope with your application. I receommend spending the money on Advance Parole, and absolutely for the EAD. Don't let anyone tell you you do not need a medical being from Canada. You should also ask around which is the best centre to send your forms in to, based on your location. If you send it to the wrong one, it will delay your application. (The locations, I think changed last year, so rely on the response from someone who did it recently)

4) Give yourself a few weeks to get everything together when estimating time. The medical takes about a week from making the appointment to receipt of results, depending on your location. It adds an extra 350 dollars or so to your bill. The forms take a long time, too, and some must be notarized.

5) Be very thorough and read all of the directions over and over, especially if you are not going to go with a lawyer. This is not easy just because we are Canucks. The only thing that facilitates the process is having a solid grasp on the English language.

I found it exhausting, but am near the end. My Conditional Green Card is in the mail. I hope I am not scaring you, but it is a lot of learning I have done over the past 9 months!

I am told that folks who have applied since me had to wait much longer, but that may change as soon as their new staff catches up. I hope you have a quick and easy time. Good luck!! And send a note if you have any questions. Lots of us will help. But the TNers are sort of their own category, so am glad to help if I can.

I am not on here every day, but will respond when I am.

Bonne chance!

BG

[Erin and Muraari 0]

Hey There

I adjusted off an H1B, but I held a TN before that, so I did a LOT of research on what would happen if I adjusted status of a TN. But my employer was ncie enough to sponsor me for an H1B just so there wouldnt be any complications with travel while I adjust status. So here is the scoop. One of the conditions of the TN is non-immigrant intent. By marrying a US Citizen, in principle that is no longer true. So if you marry off the TN make sure that you do not travel in and out of the US on the TN once you get married. I also suggest getting married in the US (which is what we did and then had a family reception in Alberta).

So get married, then apply for Adjustment of status (follow the forums here i.e. file the I-130, 485) and also get the AP and EAD documents. The AP will now allow you to travel in and out of the country, and the EAD will allow you to work in the country. Your TN is still valid between marriage and when you get the EAD (typically 90 days after application) so your legal status in the US will remain TN until you travel in and out of the country (where you will then switch over to the EAD and AP).

Anyway, if you do not plan to travel out of the country, then you continue to remain on TN status until you either have to renew the TN or until you get the GC. The travel or a situation involving switching jobs is the big problem. So my suggestion, get the EAD and AP as well and use them.

Hope this helps. Feel free to ask if you have more questions

Muraari

Hey Everyone

I have been working on a TN visa for 5 years now as a nurse. I would love to marry my american sweetheart ASAP. Originally we were going to get married in Canada (where I'm from) but I have learned that it might take up to six months for a marriage certificate. Anyways we are going to do a justice of the peace deal here and then renew vows for family when I have my green card. I really would like to know what my next step would be after we are married. Most of what I am reading on this site is from people who are living in thier home countries waiting for paperwork to be completed. I'm already in the US and really don't want to lose my job! TN expries Sept 2008. Do I have enough time to file while in the US? Please help...so confused.. Thanks!

[waitingbee 0]

I mey my now husband when I was also working in the US on a TN. We wanted there to be no problems so I left the US found a job in Canada, waited for 10 months for all the K1 paperwork to come through and be issued the right visa to get married on. We did not want anything to cause us problems in the long run. You may still be OK, but TN is work status with non-immigrant intent and that could cause you problems down the road, but it may not. It is a chance I was not willing to take though. You are a nurse, there are a lot of nursing jobs available in Canada, so that is one option that I would not rule out. It was difficult for us, but now we are together and both have great jobs and did not have the stress of worrying about marrying on the wrong status.

Hey Everyone

I have been working on a TN visa for 5 years now as a nurse. I would love to marry my american sweetheart ASAP. Originally we were going to get married in Canada (where I'm from) but I have learned that it might take up to six months for a marriage certificate. Anyways we are going to do a justice of the peace deal here and then renew vows for family when I have my green card. I really would like to know what my next step would be after we are married. Most of what I am reading on this site is from people who are living in thier home countries waiting for paperwork to be completed. I'm already in the US and really don't want to lose my job! TN expries Sept 2008. Do I have enough time to file while in the US? Please help...so confused.. Thanks!

[KarenCee 3]

Check out the Canada forum here I'm sure there are others here who've adjusted from a TN.

All greek to me. Since I was born in Oklahoma, I don't need a visa for Tennessee, like a New Yorker or Canadian would.

LOL! Love the sense of humour!

[Erin and Muraari 0]

Small comments on this response:

-The fee for the EAD and AP are now included in the AOS application, so you dont need to pay extra. All the more reason to get them anyway. The only effort for you is filling out hte extra forms and potentially doing an extra set of fingerprints.

-You dont really have a choice in where you send your application to for a marriage based peition (unless something new has happeend since I applied back in July). You send everything in one envelope to the Chicago lockbox. Do not send it directly to a service center or the local office in your area, as the are no longer processed that way. I know someone who sent it to the Vermont Center and they forwarded it back to Chicago and then the MS, but that caused a 4 monht delay essentially. Another person simply had everything returned to him when he sent it to the Nebraska Center.

But yes, definitely make sure you give yourself plenty of time. It may even be a good idea to first renew your TN so that it gives you enough time to continue to work in the United States while you wait for your EAD (which may take 90 days or sometimes more).

Muraari

Hi!

I am a TNer - or was. I recommend giving yourself at least six months from receipt of all application materials to geettting your EAD. You should apply for:

AP

EAD

I-485

I-130

Medical

Affadavit of support.

Advice:

1) If you can afford it, have a lawyer prepare it. It is so easy to make a mistake. However, if you are an expert at college applications and scholarship applications, it may not be too difficult for you. If you do go for a lawyer, choose one who is familiar with TNs. There is a guy in Buffalo who may help you out. He will work with you via mail/phone. People will telll you not to, because they had no problems. LAWYERS ARE LIKE HOMEOWNERS INSURANCE....ONLY NECESSARY WHEN AND IF THINGS GO BAD.

2) Timelines are hard to estimate because there have been numerous policy changes at USCIS over the past two years. Also, cettain centres (like NYC) as reputed to take longer than others, less time than some). However, once certified as received (and COMPLETE with payment) your EAD (employment authorization) should not take more than 90 days. If it does, make an Infopass appointment for the 90th day since applying. This is why you should give yourself a few extra months. Things have been known to get lost at USCIS.

3) All of the above forms (and possibly more? I can;t remember now) should be in one Fed Ex envelope with your application. I receommend spending the money on Advance Parole, and absolutely for the EAD. Don't let anyone tell you you do not need a medical being from Canada. You should also ask around which is the best centre to send your forms in to, based on your location. If you send it to the wrong one, it will delay your application. (The locations, I think changed last year, so rely on the response from someone who did it recently)

4) Give yourself a few weeks to get everything together when estimating time. The medical takes about a week from making the appointment to receipt of results, depending on your location. It adds an extra 350 dollars or so to your bill. The forms take a long time, too, and some must be notarized.

5) Be very thorough and read all of the directions over and over, especially if you are not going to go with a lawyer. This is not easy just because we are Canucks. The only thing that facilitates the process is having a solid grasp on the English language.

I found it exhausting, but am near the end. My Conditional Green Card is in the mail. I hope I am not scaring you, but it is a lot of learning I have done over the past 9 months!

I am told that folks who have applied since me had to wait much longer, but that may change as soon as their new staff catches up. I hope you have a quick and easy time. Good luck!! And send a note if you have any questions. Lots of us will help. But the TNers are sort of their own category, so am glad to help if I can.

I am not on here every day, but will respond when I am.

Bonne chance!

BG

[Lili 3]

I dunno anything about TN visa but just want to say something about not marrying in Canada.

You mentioned not wanting to get married in Canada based on the fact that it takes forever to have a marriage license.

Even if you do not get married in Canada, you most likely have to follow their rules so your husband can be recognized as is in your home country.

I am from France and didn't follow all the french rules. Now, i have to get audited by the french consulate to prove that my husband did not marry me for papers. It is the only way to have him recognized as my husband by french laws.

In short, i created double the headaches.

You might want to double check how to have your marriage recognized by Canadian laws when it is celebrated abroad.

[Erin and Muraari 0]

Canada and the US don't really have too many problems recognizing each other's marriages. Of course same sex marriages allowed in Canada don't count in the US (yet, at any rate). I wouldn't worry too much about that. Plenty of our relatives have been married in Canada and had no issues in the US and vice versa. We haven't really encountered any issues either.

Oddly enough we have had a harder time within the US even though we were married in Seattle. For instance MD consistently refuses to accept our marriage certificate from WA claiming "this is not the right format". But then state govt officials in MD, without an exception, are idiots with single digit IQ's: I have rarely encountered a more uniformly incompetent bunch of people. Whereas when we mailed our marriage certificate to Canada to get my wife's name changed on many of her Canadian accounts etc. we had no issues whatsoever.

Muraari

I dunno anything about TN visa but just want to say something about not marrying in Canada.

You mentioned not wanting to get married in Canada based on the fact that it takes forever to have a marriage license.

Even if you do not get married in Canada, you most likely have to follow their rules so your husband can be recognized as is in your home country.

I am from France and didn't follow all the french rules. Now, i have to get audited by the french consulate to prove that my husband did not marry me for papers. It is the only way to have him recognized as my husband by french laws.

In short, i created double the headaches.

You might want to double check how to have your marriage recognized by Canadian laws when it is celebrated abroad.

[BlueAna 0]

Borealgirl said that the following need to be filed once a TN marries a US Citizen:

AP
EAD
I-485
I-130
Medical
Affadavit of support

Some questions I hope you all can answer:

Do I need AP (Advance Parole) if I dont plan on traveling out of the US untill I receive my EAD?

How do you do the medical, contact my Dr. in the US and explain the type of medical I need done, purpose of it and all?

Does my husband have to fill an Affadavit if I am employed on my TN till Dec 2014? If yes, is the affadavit form I-134?

Thanks in advance.

[KayDeeCee 4,892]

~ Moving 5 year old revived thread to appropriate forum from AOS from Family Based to AOS from Work, Student & Tourist Visas ~

[tbrody945 0]

Here is a site that my relative used that really helped him through the same problem you have had: http://www.tnvisaexpert.com/

I know other colleagues who have used this site as well and can say it is legit.

[TBoneTX 43,413]

Old thread is now closed to further comment.

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