Urgent - TN Termination - Divorced + Daugther Stay + House

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Urgent - TN Termination - Divorced + Daugther Stay + House

Postby martin_50 » Thu Nov 12, 2009 7:13 pm

Hi there,
I have reading about the 10 days to leave and filling up I-539 to change status to B2, but I do really need help and advise.
I got termination of my job today, and my TN was renewed on April, up to 2012, I have a house that I bought (still paying) and I am going to sign the re-finance on January/10, besides my layer is serving next week my ex-wife (divorced in February/09) with doc. to lower my child support and supposedly I will be taking her to court on January as well, she remarried 2 months ago, and I know that she already went to an appointment with immigration because her new US citizen husband is claiming her. My daughter got an TD from my side, but I guess that she is including her on her application as well.
Question: Can I file I-539 to change status to B2, meanwhile search for a job, I may get a job in 2 months and be able to finish house and ex-wife matters and still be able to renew or update status with the new employer ???

I DO REALLY NEED AND ADVICE

Thanks in advance
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Re: Urgent - TN Termination - Divorced + Daugther Stay + House

Postby agnelson » Thu Nov 12, 2009 7:51 pm

You must file I-539 immediately. You don't get 10 days to do this.

Ask for 6 months. And then stay in US looking for work. Don;t leae US unless and until you are ready to leave for good.
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Re: Urgent - TN Termination - Divorced + Daugther Stay + House

Postby martin_50 » Thu Nov 12, 2009 9:37 pm

agnelson wrote:You must file I-539 immediately. You don't get 10 days to do this.

Ask for 6 months. And then stay in US looking for work. Don;t leae US unless and until you are ready to leave for good.


agnelson,

Should I mention all these problem on I-539 ?? or just ex-wife court situation ??
I am afraid about mention the house, because they will see a tie here and refuse my application..

Any advise ??
Thanks
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Re: Urgent - TN Termination - Divorced + Daugther Stay + House

Postby agnelson » Fri Nov 13, 2009 3:49 am

The generic term is "I request six month extension to wrap up US affairs". Period. I would add nothing else. You could mention the house, as this would be a reasonable reason you woukd need to stay for a while. I would not mention any other personal items.

The filing of I-539 is a formality. You will have either left US or found another job long before it is processed (be it approved or denied). It is merely to keep you in status, and allow for the possibility of filing for TN or H1 from within US.
You should be filing TODAY, so chop chop.
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Re: Urgent - TN Termination - Divorced + Daugther Stay + House

Postby martin_50 » Fri Nov 13, 2009 4:31 am

Thank you much agnelson,

Working on it,

That means that I will be selecting "an extension of stay in my current status" rather than "Change of status to--> B2"
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Re: Urgent - TN Termination - Divorced + Daugther Stay + House

Postby agnelson » Fri Nov 13, 2009 7:27 am

No!

You are currently (today) in TN status (you submit a copy of your I-94 to prove this). When you file I-539 you will be asking for B2 status. You must be in status to file I-539, thus the urgency to do it while still in TN status. Tomorrow, you will have no status, and will not be alloweed to file I-539. you will not be in B2 status, and will need to leave US.

That is a change in status to B2. You are not extending your TN (which you wouldn't do with I-539 anyways, that is I-129 filed by employer.)
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Re: Urgent - TN Termination - Divorced + Daugther Stay + House

Postby martin_50 » Fri Nov 13, 2009 8:39 am

Thank agnelson

I just finished it Online (E-Filed)
I do appreciate your time and your help.
Regards
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