My TN was lifted!

Doodie
Junior Member



Joined: 02 Sep 2008
Posts: 11

Posted: Tue Sep 02, 2008 10:20 am

 

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Yikes, I'm in a tight spot! I've been working in the US under a TN for nearly 2 years now. After a short trip to Canada, as I was re-entering the US the Immigration officer pulled me in. My passport scans up as a "denial" since I had been denied my initial TN renewal, but ended up being granted the status.

In March my boyfriend and I were married and were planning on doing an adjustment of status after my last trip to Canada, which was when my status was lifted. Now I am married to a US Citizen, I ma in Canada for an undetermined period of time, and I am weighing my options:
1- Petition for a K3 and wait it out here as I work; or
2- Try to re-enter as a visitor with a return ticket home and possibly from there do the adjustment of status.

I've been back in Canada for over a week now, I believe I will start working today. I would like to attempt a visitor entry towards the end of September.

What are my chances of entering as a visitor? Or should I simply wait it out. I would most definitely like to return to my work, my husband and my circle of friends in the US. But I am afraid that every time I try to enter I would simply be adding black flags on my passport.

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kevinlg
CanuckAbroad Regular



Joined: 04 Dec 2007
Posts: 59

Posted: Tue Sep 02, 2008 11:07 am

 

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Did they specify the reason of denial ?

This is unusual. But I assume the border guard has the right to do it.

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1451
Location: North Carolina

Posted: Tue Sep 02, 2008 2:04 pm

 

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If your TN status was revoked, you can't return to your job in the US. And since your intent upon entering as a visitor would be to stay and adjust status, you'd be commiting fraud. You should have sent in the application for adjustment as soon as you were married, along with applications for employment authorization and advanced parole.

Now that you're flagged and your TN status has been revoked, it is unlikely they'll even let you in for a short visit anyhow, you'll have to just wait it out in Canada for a K3 or CR1 spousal visa. CR1 is the better route IMO, its less money, is an immigrant visa, and you can work pretty much as soon as you get to the US with it. Both the CR1 and the K3 take about a year to process.

The K3 on the other hand, costs a lot more money, and you have to apply for AOS and EAD after you enter the US, for about $1010+ in additional fees, on top of the K3 fees. More if you apply separately for the EAD.

Unfortunately, it looks like your husband will have to come visit you in Canada until you have a visa that will allow you to move back to the US.

For information on marriage based immgration to the US see http://www.visajourney.com
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CalGreenCard
CanuckAbroad Regular



Joined: 16 Feb 2008
Posts: 65

Posted: Tue Sep 02, 2008 4:14 pm

 

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It depends to some extent on whether you were denied entry because of a problem with the TN, or because you are married to a US citizen. Since you say your TN renewal was at first denied, then approved, it sounds like the TN itself may be a bit shaky, even without considering your marriage--and if the TN itself was the reason for your denial, then you might be able to once again shore up the TN application. Alternatively you might be able to get an interview with a company that is a more legitimate match for your TN qualifications and re-enter that way.

If you were denied because they specifically know about your US husband, however, then it is very unlikely any tourist or TN re-entry will succeed until you have the appropriate visa for a spouse of a US citizen.

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Doodie
Junior Member



Joined: 02 Sep 2008
Posts: 11

Posted: Wed Sep 03, 2008 9:17 am

 

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Sounds like waiting it out is the way, especially that even if they do not scan my passport they will most likely see the page where it was removed and the INS officer wrote down "Lifted" below the visa stamp. Does anybody know the wait time for a K3? I don't mind the cost, my lawyer thinks 8-10 months, anybody know of a success story with a shorter waiting time?

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jack2009
Junior Member



Joined: 02 Jun 2008
Posts: 10
Location: seattle

Posted: Wed Sep 03, 2008 9:55 am

 

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But Why Was your existing TN was removed ?

Is due to your marriage, what reason did the officer give to you ?

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Doodie
Junior Member



Joined: 02 Sep 2008
Posts: 11

Posted: Wed Sep 03, 2008 10:30 am

 

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The first denial when I tried to renew the visa was due to the fact that they felt my work was closer to that of a manager rather than a consultant. When I later got the approval it was with a different letter and a different job description matching that of a consultant. When it was finally lifted the first question they asked me was pretty much if I was married. Then it rolled down to the pure aspect of a consultant how it is punctual work, in and out, etc.

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jack2009
Junior Member



Joined: 02 Jun 2008
Posts: 10
Location: seattle

Posted: Wed Sep 03, 2008 10:40 am

 

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I'm on TN, and I do travel alot across border. MY initial TN application was denied, but later approved with different letter (similar to your case).

But I just want to be sure that the only reason your TN was removed
because you are Married ?

If you can give detail information about the kind of conversation you had before the officer removed the TN .

Thanks.

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