bluberry

Great, I just hope this process does not take much longer, I am anxious to visit my family back in Canada.

Thanks so much for the responses! Best of luck to you also

Hello everyone,

My case was received on Sept 8th, 2010 and I am adjusting my status due to my marriage to a US citizen. Currently I have a I-94 TN Visa and been in the US for over 8 months. My case had an RFE and I immediately responded. However, they moved my case to NBC Location, is that good? Is that bad? How much longer do I gotta wait after this? I'm residing in Michigan.

On October 29, 2010, we received your response to our request for evidence. This case is being processed at our NATIONAL BENEFITS CENTER location.

Thank you everyone.

I really hope the process doesn't take too long or them giving me a hard time due to the type of status I hold here in the US.

Yes my husband is an american. I entered the US in March to go to work, and also because I chose to finally move to the US to be closer to my work. The plan was to get married in 2011 or later but seeing how expensive it was getting for me to be on my own, we decided let's just get married and adjust status afterwards. So 3 months after my move we got married. I adjusted status 2 months after the wedding.

The last time I renewed my TN, in January 2010, I informed that officer that I was engaged to an American. He still issued me a TN, probably because he's seen me cross to go to work for the past 2 years. I was working the US prior to even knowing my husband. Do you think my situation poses any kind of issue with intent??

Hello everyone,

The USCIS received my AOS package to the Chicago Lockbox on September 1st, 2010. I had an RFE on Sept 29 and they recieved my reply October 4th.

My biometrics appointment was October 14, 2010. I'm just wondering how long do I still have to wait for before I get my greencard as I am getting anxious to go visit my family back in Canada. I am on TN status now and working in the US. My entry was in March 2010 and I got married in July of 2010. My husband works for the government and we both have clear backgrounds, similar in age and have the same profession and are well above the poverty limit. With my AOS I even sent pictures of our wedding to them.

What do you guys think?? When will I get my greencard????

Thanks so much!!!

At this time I dont want to go back to Canada because I am here on a TN and entering back the US and showing as married they could deny me entry saying that I am intending on being a perminant resident when the type of visa I have does not allow. SO i prefer not to go through the borders until my green card is in hand.

I am just not sure if changing my last name will complicate anything considering I have a TN right now.

please help

Hey there everyone,

I really need your help and advice as you've greatly assisted me in the past. I am now married to my US citizen husband and will start filling out the AOS to change my status. Should I go to the secretary of state first and change my name to his name and follow with the process? Or should I keep my maiden name and start this process?

What should I do first?

I have a Michigan Driver's License in my maiden name

I have a Social Security number in my maiden name

I have a Canadian Passport with stamped I-94 in my maiden name

Should I change my name and then start filling out the paper work or no?

Please help...Thanks everyone.

I just want to say thank you guys for everything, I really appreciate it...I will update my journey after we get married in a few months.

I hope to be able to give back to this site as much as I've gotten. All the best guys. God Bless and Happy Easter

Well, when I last renewed my TN (it was the third time), it was because the company I was working at hired me as a direct employee. I told the officer that, I had been working there for over 2 years as a contractor and now I'm hired on. This is a big reason of why I moved because in the past when I was a contractor I didn't have job security to move, I can get laid off any day and I didn't want to get a lease since any day I could lose my job. However, when I was hired on, I moved within 2 months because I felt secure that the company I work for will not lay me off any time soon and that I could get a place to stay at. I answered truthfully to his question when I was asked if I was engaged to an American. He admitted me to the US and allowed me to have a TN Visa that expires 2 yrs from that day. I moved a month or two after that. If I was to get laid off today I still have a residency there and I can easily move right back.

I feel that my case does not show dual intentions, does anyone disagree???????

Thanks again for all, you guys are awesome!!!!

I just want to say thank you so much for taking the time to do this. I do have a question for you though...I noticed in your time line you moved to the States prior to getting engaged...In my case I got engaged and then I moved (before that I was just commuting back and forth)...Do you think that poses a problem????

THanks again

One last question, you guys have all been so helpful and I really appreciate it...

Can we say the best method of persuing is this...Can you guys agree????

Remain in states a minimum of 90 before getting married (and continuing to work on my TN)

After marriage, apply for EAD and AP (and continuing to work at my job except with a different status now)

Someone mentioned a CR-1 I dont even know what that is and since I've already moved here and don't plan on commuting back to Canada for a long time, would this method still be good????

My main is that I really want to keep my job because I love what I do and i'm on the right track to advance my career and at the same time I want to get married and live here...without any problems...(seems so easy to say but they make it kina hard for us)

Again, thank you for everything you guys!

Yep I just acknowledged the law section 214.6 and I would only apply for a AOS after I get married, it would be only through the marriage relationship, which would hopefully remove the risk involved....

This is the document I signed 2 months ago and dated...I crossed the border after that on a daily basis for 2 months and then moved...It is basically the regulations of this type of VISA...I'm not sure if I'm flagged or not because the Officer still issued the TN visa w that knowledge and I crossed for 2 months without any problems...I'm just scared after reading some of the comments...But it does make sense that if they had a problem with me the first time, he wouldn;t have issued the TN to me in the first place...I'm still working under it and have been doing so for 2.5 years. You guys still think there is a big risk involved????

THanks again

NAFTA TN Visa Regulations. 8 CFR § 214.6.

Canadian and Mexican citizens seeking temporary entry to engage in business activities at a professional level.

(a) General. Under section 214(e) of the Act, a citizen of Canada or Mexico who seeks temporary entry as a business person to engage in business activities at a professional level may be admitted to the United States in accordance with the North American Free Trade Agreement (NAFTA).

(b) Definitions. As used in this section, the terms:

Business activities at a professional level means those undertakings which require that, for successful completion, the individual has a least a baccalaureate degree or appropriate credentials demonstrating status as a professional in a profession set forth in Appendix 1603.D.1 of the NAFTA.

Business person, as defined in the NAFTA, means a citizen of Canada or Mexico who is engaged in the trade of goods, the provision of services, or the conduct of investment activities.

Engage in business activities at a professional level means the performance of prearranged business activities for a United States entity, including an individual. It does not authorize the establishment of a business or practice in the United States in which the professional will be, in substance, self-employed. A professional will be deemed to be self-employed if he or she will be rendering services to a corporation or entity of which the professional is the sole or controlling shareholder or owner.

Temporary entry, as defined in the NAFTA, means entry without the intent to establish permanent residence. The alien must satisfy the inspecting immigration officer that the proposed stay is temporary. A temporary period has a reasonable, finite end that does not equate to permanent residence. In order to establish that the alien’s entry will be temporary, the alien must demonstrate to the satisfaction of the inspecting immigration officer that his or her work assignment in the United States will end at a predictable time and that he or she will depart upon completion of the assignment.

Thank you so much really for the super descriptive answer. I do have a few more questions if you don't mind.

The officer knew that I had been working in the US for sometime now and when I was renewing my TN he asked me if I was engaged (possibly bc he saw the ring I'm not really sure). He still issued the TN to me knowing that I am engaged to an American, he just made me sign that paper. I moved to the US and I won't be getting married for another 3-4 months.

1) Once I'm married I adjust my status right away??????? or should I wait a month or two to give me more time on the TN.

I thought there was a rule that once you enter the US on a TN, you can change your intentions after 60 days of residing here. i.e. meet someone and get married..is that true?????

2) When you file for AOS, they automatically send you AP and EAD???????(I don't plan on crossing back to Canada until I have the greencard so do I still need the Advanced parole????????

3) After I get my EAD and drop my TN, then I apply for a greencard???????

I really don't want to be deported or illegaly do anything.

THanks again guys I realllllly appreciate this, I have been scared and feeling really uneasy about all of this...so stressful.

Thank you for the responses. Below here is exactly what I signed on. I just signed that I read it and dated it. What does mean for me (bind me to)? I don't think this binds to anything but the acknowledgement of the law.

NAFTA TN Visa Law:

INA § 214 (e). Also codified as 8 U.S.C. § 1184 (e).

Admission of Nonimmigrants.

***

(e) United States-Canada Free-Trade Agreement

(1) Notwithstanding any other provision of this Act, an alien who is a citizen of Canada and seeks to enter the United States under and pursuant to the provisions of Annex 1502.1 (United States of America), Part C--Professionals, of the United States-Canada Free-Trade Agreement to engage in business activities at a professional level as provided for therein may be admitted for such purpose under regulations of the Attorney General promulgated after consultation with the Secretaries of State and Labor.

(2) An alien who is a citizen of Canada or Mexico, and the spouse and children of any such alien if accompanying or following to join such alien, who seeks to enter the United States under and pursuant to the provisions of Section D of Annex 1603 of the North American Free Trade Agreement (in this subsection referred to as ‘‘NAFTA’’) to engage in business activities at a professional level as provided for in such Annex, may be admitted for such purpose under regulations of the Attorney General promulgated after consultation with the Secretaries of State and Labor. For purposes of this Act, including the issuance of entry documents and the application of subsection (b), such alien shall be treated as if seeking classification, or classifiable, as a nonimmigrant under section 101(a)(15). The admission of an alien who is a citizen of Mexico shall be subject to paragraphs (3), (4), and (5). For purposes of this paragraph and paragraphs (3), (4), and (5), the term ‘‘citizen of Mexico’’ means ‘‘citizen’’ as defined in Annex 1608 of NAFTA.

(3) The Attorney General shall establish an annual numerical limit on admissions under paragraph (2) of aliens who are citizens of Mexico, as set forth in Appendix 1603.D.4 of Annex 1603 of the NAFTA. Subject to paragraph (4), the annual numerical limit:

(A) beginning with the second year that NAFTA is in force, may be increased in accordance with the provisions of paragraph 5(a) of Section D of such Annex, and

(B) shall cease to apply as provided for in paragraph 3 of such Appendix.

(4) The annual numerical limit referred to in paragraph (3) may be increased or shall cease to apply (other than by operation of paragraph 3 of such Appendix) only if--

(A) the President has obtained advice regarding the proposed action from the appropriate advisory committees established under section 135 of the Trade Act of 1974 (19 U.S.C. 2155);

(B) the President has submitted a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that sets forth--

(i) the action proposed to be taken and the reasons therefore, and

(ii) the advice obtained under subparagraph (A);

© a period of at least 60 calendar days that begins on the first day on which the President has met the requirements of subparagraphs (A) and (B) with respect to such action has expired; and

(D) the President has consulted with such committees regarding the proposed action during the period referred to in subparagraph ©.

(5) During the period that the provisions of Appendix 1603.D.4 of Annex 1603 of the NAFTA apply, the entry of an alien who is a citizen of Mexico under and pursuant to the provisions of Section D of Annex 1603 of NAFTA shall be subject to the attestation requirement of section 212(m), in the case of a registered nurse, or the application requirement of section 212(n), in the case of all other professions set out in Appendix 1603 of NAFTA, and the petition requirement of subsection ©, to the extent and in the manner prescribed in regulations promulgated by the Secretary of Labor, with respect to sections 212(m) and 212(n), and the Attorney General, with respect to subsection ©.

(6) In the case of an alien spouse admitted under section 101(a)(15)(E), who is accompanying or following to join a principal alien admitted under such section, the Attorney General shall authorize the alien spouse to engage in employment in the United States and provide the spouse with an ‘‘employment authorized’’ endorsement or other appropriate work permit.

PLEASE HELP

Hello there,

I heard great things about this site so I wanted to try it out since I had a few questions.

I have been working in the US for 2.5 yrs but lived in Canada and commuted daily. I got engaged recently and moved to the US to be closer to work and plan the wedding. I'm Canadian with a TN visa and was not aware of the dual intention thing. When I crossed the border I did mention that I was engaged to an American. The officer told me this would cause an issue and had me sign a paper stating the law that a TN holder can not persue a greencard since a TN is not a dual intent visa.

I read a lot that this could be possible if it is timed right, and I believe my visa timing would accomodate this. I really don't want to move back to Canada & lose my job. I want to marry my fiance...What should I do? Is this going to be a problem??

Thank you so much.