Can I have a TN and an O-3 at the same time?

Web Betty
New Member



Joined: 09 Jul 2008
Posts: 9

Posted: Fri Jul 11, 2008 3:09 pm

 

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My fiance has been living in the states for about 3.5 years, first on a student visa and then on an O-1 visa. We (both Canadian) are getting married but the thought of not being able to work on an O-3 and being completely dependent on him is a bit unnerving.
The TN, however, is only one year as oppose to the 3 years of an O-3. It can be renewed but you're always taking your chance with the border guards. Ideally, I'd like to obtain the O-3 so that I can live in the states with my [husband] and then look for work on a TN. If I do find work on a TN, can I keep the O-3?

I'm currently visiting on a tourist visa.
Any advice would be greatly appreciated.

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1582
Location: Calgary

Posted: Fri Jul 11, 2008 3:45 pm

 

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Basic principle of US immigration law is that you can only hold one status at a time. Also O-3 status does not allow work, which includes looking for work. To look for work, technically you have to look for it outside of the US, and then enter in B-1 (visitor for business) to attend a job interview that was set up specifically for you.

Having said all that if you got a job offer and the letter for TN you could just leave, go to the POE and apply for TN-1. Your visa would still be stamped in your passport so that will raise questions from USCIS because to enter on TN-1 you must have "bona fide non-immigrant intent" because it's designed for temporary employment. Telling them you're entering to live with your boyfriend who is on O-1 might get dicey if you get an FTO who is a stickler for the rules because you have an intent to reside in the US as your principal residence.

My advice (which isn't much help I'm afraid) is for you to get married, and for your then husband to get his employer to sponsor him for permanent residency. Then you get it too.

If he's in O-1 he should qualify for EB-2, that is reasonably quick to process.
_________________
Steve.

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Web Betty
New Member



Joined: 09 Jul 2008
Posts: 9

Posted: Fri Jul 11, 2008 6:25 pm

 

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Thank you (!) once again for clearing that up. I was trying to decide whether to chance the TN and wait to marry or to just get the O-3 and wait out all the paper work for permanent residency. The latter does seem better in the long run. Thanks again.

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