Kareniw

Hi folks,
I am a US citizen now engaged to a Canadian in TN status for the 5th
year (renewed). We are both in the US. The problem is 1) his TN status
expires at the end of August, and 2) he would like to work with minimal
interruption.

I don't start my new job until July (I'm a full-time student now), so
our plan is to get married in August shortly before his TN expires, then
immediately file the I-130/I-485/I-765 for permanent residence, AOS and
employment. My fiance understands he won't be able to leave the US for a
while until he has adjusted his status.

A general question: do you see any flaws in our plan?

Specific questions about employment:
1. I have read anecdotes of those who get their EAD granted on the
spot at the USCIS local office. What does it take for us to make
that happen?
2. If it turns out my then-husband would have to wait a while for his
EAD to be granted, is there some way he can continue working even
after his TN expires? Some sort of interim work permit?

thanks for your help!

--

Noorah101

No flaws in the general plan, no.

This will not happen. EADs are not granted on the spot at local offices. EAD is applied for by filing I-765 along with the AOS paperwork. It usually takes about 90 days to receive the EAD in hand. If you want to avoid any gap in work authorization, get married and file AOS including EAD about 4 months before his TN expires.

There is no interim work permit. It's up to his employer whether to keep him employed after his TN expires. If the employer wants to keep him employed during the gap between the expiration of the TN and the receipt of the EAD, USCIS will forgive the work. However, the employer could face a fine if discovered that he employed someone without proper work authorization.

Your best bet to avoid a work authorization gap would be to marry and file his AOS by the end of April. Once you're married and living together, his income can count on the I-864 so you'll qualify financially.

Best Wishes,
Rene

Noorah101

Yes he can, by filing I-131 along with the AOS package. Once he has AP in hand, he can travel and return to the USA while waiting for his AOS to process. Although don't use AP if he's ever had an overstay in the USA.

Rene