Sylvia Ottemoeller

"AngelaZ" <member23219@british_expats.com> wrote in message
news:...

    > Sylvia, I appreciate your reply so much, that's all I worried about,
    > another question, you said"you may have your request(TN) refused because
    > you have married a US citizen", but actually I would married a Permanent
    > resident, will I be refused at that time?

Yes, it's possible. I know of a nurse who was asking for a new one-year
period of TN. She was married to a U.S. permanent resident, and somehow
that came to the attention of the officer. U.S. immigration denied her TN
status.

I'm not saying this will happen every time. You may be able to "get away
with it." In fact, you probably can get away with it if no I-130 has yet
been filed, by standing in a different line from your husband. But after
marriage, getting a new TN will still be a risk. H-1B status would provide
safety under those circumstances.

I forgot to mention -- there is one other alternative. You could get
admitted to a new academic program and transfer your F-1 status. You have
until the 60th day after the expiration of your F-1 OPT to do this. If you
don't leave the U.S., and just let the school perform the transfer, there is
no particular risk of denial. If you travel outside the U.S. after that,
you would probably be admitted without much risk, until the I-130 is filed.
Of course, this path will force you to get more education!! If you get into
a Ph.D. program, you can make it to 2006, and be able to stay with your
husband, probably.

It might be a better idea for your spouse to avoid filing the I-130 until he
has become a U.S. citizen. The reason I suggest consultation with an
attorney is so that you can make some sense of all these risks.