TN - getting married to US Citizen - ask an

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QUESTION:
Good afternoon!
I've currently renewed my TN status which will be valid until March 2005.  I am getting married in October 2004.  Do I need to wait to file a Fiance visa 90 days prior to the wedding?  I am already in the US, can I start the process early to apply for the green card?
Thanks
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david ingram replies:
Your company should apply for an H1 visa for you which will hopefully be issued in October (the earliest possible).
The H visa is a dual status visa and allows dual intent (i,e, to apply for permanent residence and possible citizenship).
Technically (others may disagree) your TN is not valid because you have a stated intention to marry and remain in the US for more than a year.  I am assuming here that that was your intent when you renewed the TN visa.
Whatever you do, DON'T cross the border to Mexico or Canada or the Bahamas or any other country until you are nice and clean.   If you do not get your H1 visa first, at least stay in the US and after the marriage apply for permanent status through your wife. You should apply for EAD/AP as soon as possible (by first getting married) and then STAYING PUT in US and at your job, until EAD/AP comes in (Form I130).  AFTER you get your EA (Employment Authorization)  through your spouse, you can consider a trip out of the USA.  Otherwise, it is stay in the good old USA time.  
Also remember, if you do not have it all in hand by next March, your TN will not be renewed.  I would suggest that a June wedding would be nice and get the process rolling. 
Any other suggestions anyone?
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