My divorce and my TN visa

Ok here goes. I've been working in the States since 2001. I flew up to Canada each summer and obtained my TN at the end of visits to family and friends. In 2006 I got my Permanent Resident Card thru marriage to a US Citizen. I've filed for divorce which will be final in September 2008. My Permanent Resident Card expires in August 2008. I understand that I'm gonna have to reapply to work for another year here. Should I go to the border myself and reapply, or should I have my employer file an I-129 Petition for a Non-Immigrant worker?

If you have a permanent resident card (aka green card) you don't need a TN, the green card allows you to work. You just need to apply to remove conditions on the green card, which should be done at least 3 months before the card expires.

see this form at USCIS

Your only difficulty may be your pending divorce. As your green card was granted based on your marriage, you will have to prove that your marriage was entered into in good faith, and not just for the purpose of permanent residency.

Hi thanks for the reply. I understand that I don't require a TN at this time but my permanent resident card expires in 2 months. Can't i just surrender the permanent resident card at the border and re-apply to work for another year as a TN with a letter/application package from my employer?

Why would you do that though when if you apply to remove conditions you get a 10 year green card? No more hassle with USCIS for 10 years? TN is only one year, and may or many not be approved again.

Don't you think it would look arranged because my divorce will be final a month after my two 2 year permanent resident card anniversary? I haven't been with my wife for over a year, we don't live together anymore, we don't file taxes together, don't have any accounts together either. Doesn't getting divorced take away my greencard?

no, getting divorced does not take away your greencard. Sure if u decided to go for the 10 yr greencard it may be suspicious, but divorce happens and one can still apply for the 10 yr card.

No, it won't look suspicious unless there are other circumstances of your relationship that already looked suspicious. You will have to prove that your marriage was entered into in good faith, and not just for the purpose of the green card, and that despite your best try, your marriage failed anyway.

I think the TN would be more unlikely to be renewed than your green card. Just my opinion though.

Thanks for your replies.