TN visa possible on soon on overstay?

Can I get a TN visa (Canadian) or really can a company apply for a TN visa for me if I stay beyond the 6 months allowed in California? though an I-94 slip was never issued/placed in my passport? I’m trying not to leave and come back as I’m getting married (she’s American living here in Cali) in 3-4 months here; been here 5 months now. I came here to visit a few friends (wasn’t even planning to come to LA; was only visiting family up North but long story I metup with a friend and he talked me into driving down to LA lol). Anyway plan was to head back about 3 months ago but I met her and she’s been the sole purpose of my stay.

I’ve been told that I’m not supposed to look for work while I’m on a B visa, and I haven’t so far. But either way, if I get a job offer or overstay until I get married in 3-4 months I would then need to look for work. So I don’t understand as if I start looking for work now I wouldn’t be able to work until I have a work permit anyway. So how would it benefit anyone if I look now or then; it’ll just throwing me back a few months (and throwing back the taxes I pay here). I don’t know how big of a deal this is tho…

Also, this way I think I’ll be okay to stay here for a year or two (if I get a TN job offer) as we plan to move to Canada in that time frame as I have an apartment there. This way we wouldn’t have to deal with all this paperwork and interviews and can leave it for later if we decide to move back here right??

Thank you beforehand for your help.

To get a TN from within US, you need to be in legal status (you do not have to have an I-94). You do have to say what date you arrived in US (your status on entry was B2 tourist).

You are not supposed to enter the US with the purpose of looking for wor, true, but if work finds you, there is no problem, as long as you then go about the process of getting work authorization.


So, if you find work within the next month, you can apply using I-129. After that you will have to go to the border to get TN -- therre should not be any risk because TNers are not required to mainatin foreign ties, like tourists are.

Know thios though, that once you marry, you will probably not be able to re-enter US until you apply for GC, so you will be stuck in US. At the very least, you will not be allowed to enter on TN (even if you have one) once you marry.

So unless you find a TN job in next 2-3 weeks, I would be getting married and starting that GC process ASAP.

K. Thank you!