Here on a TN but want to get married now...

While here on my TN1 I have met someone and want to get married. Can we apply for a K1 while I'm here on a TN1? Anyone have suggestions?

Canadian Expatriate and Travellers Forum Index -> Canadians in the USA -> US Visas and Immigration

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poetics
New Member

Joined: 08 Feb 2008
Posts: 4

Posted: Fri Feb 22, 2008 9:30 pm

While here on my TN1 I have met someone and want to get married. Can we apply for a K1 while I'm here on a TN1? Anyone have suggestions?

Reba
Moderator

Canuck in NC

Joined: 16 Jul 2004
Posts: 853
Location: North Carolina

Posted: Sat Feb 23, 2008 5:32 am

For a K1 you would have to leave the US and go back to Canada for the visa interview. Then when you re-enter the US with your K1, you can't work until after you've applied for adjustment of status and EAD. Depending how quickly after your re-entry you get married, you may be out of work for quite a few months.

How much time do you have left on your TN? Your best bet *may* be to get married right now and then apply to adjust status in the US.
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poetics
New Member

Joined: 08 Feb 2008
Posts: 4

Posted: Sat Feb 23, 2008 8:38 am

I have 6 months left on my TN1. How long does an adjustment take? I'm in Texas if that help/hurts at all for time line processing.

Thanks for any help and advice!

Christopher G. Rizzo, Esq
CanuckAbroad VIP

Joined: 17 Oct 2007
Posts: 255
Location: Red Bank, NJ USA

Posted: Sat Feb 23, 2008 12:50 pm

Assuming you did not intend to marry prior to your last entry into the U.S., file an I-130 and consular process the immigrant visa.
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www.naftalawfirm.com
P: (732) 784-2877
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Reba
Moderator

Canuck in NC

Joined: 16 Jul 2004
Posts: 853
Location: North Carolina

Posted: Sun Feb 24, 2008 7:07 am

By which he means get married, send the I-130 to a USCIS service centre in the US, who will then do whatever it is they do with them, and once it is approved, they will send it to the US consulate in Montreal where you will have your interview for the CR1 visa (currently the only consulate in Canada that processes spousal immigrant visas).

Current processing for I-130s thru USCIS and the Montreal consulate are taking just over a year these days I think. We have debated here previously whether or not that ongoing process could jeopardize a subsequent renewal of TN visa, so I won't get into that again.

Have a look at http://www.visajourney.com for information on marriage based immigratoin to the US. There are several couples there who are going thru the same thing as you at the moment, and could offer some insight as to which process may be your better option. You could also have a look thru everyone's timelines to get a general idea as to how long it'll take.

However, USCIS has recently changed a bunch of stuff for in-country processing, so timelines are really up in the air these days, and anyone's best guess is still just a guess. This would affect both processes available to you, as either way, your I-130 petition would start out at a USCIS service centre for approval.
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Are you in the US or Canada? Want to make some extra money? Check out My Watkins website for some awesom products and business opportunity.