Advice Requested!

[GIJoehosaphat 0]

Hi,

New to this forum, and would appreciate any of your help/advice

Some context: I am a US citizen, my fiance is a Canadian citizen. We met here in the US. She is here in the US legally via a TN Visa (She is a RN).

Now that we are engaged, the border tells us that since her intentions have changed, her TN Visa is no longer valid, and she will not be readmitted into the US again, if she leaves (they were nice and let her back in this time).

As I understand if, if she wants to go home to visit family/friends again, she will not be readmitted. But what if at the border, she says she has a TN Visa, shows the appropriate documents and never mentions her intentions to get married? Will they flag her as 'engaged' and thus require her to have the appropriate fiance documentation? Her TN Visa is valid for another 10 months.

The wedding is planned for September 16th, and as I understand the the fiance visa only last 90 days. There is always the option of getting married ASAP at city hall.

Up to this point we have not filled out any paperwork at all, the border told us we could only start paperwork for her to immigrate here after we were married.

What should we do? Hide her intent to be married until after we are married and then get her a Marriage Visa? Should we just go to City Hall right now and get married and start that paperwork ASAP? What if that paperwork is pending and she wants to leave the country, will she be flagged and not allowed back in even tho she has the TN Visa?

Help! This is very overwhelming.

Joe...

[meauxna 15]

Joe, you've been caught out in 'can't have your cake and eat it too'.

Your GF has been given The Word. Right, wrong or indifferent, she has been told what's what by a border agent and can not call it back.

She can NOT "hide" her intentions; that would be a material misrepresentation (look it up) that could seriously impact her ability to ever re-enter the US. Lying is the worst immigration sin out there.

She can keep her job, have her wedding in Sept. and stay in the US for the next six+ months. Or, she can marry now, file to adjust her status to PR and travel in aprox 3 months. Can still have the fancy wedding in Sept.

When she marries and files for her adjusment of status, she can also apply for a travel document called Advance Parole (form I-131). This allows her to re-enter the US until she gets her Green Card.

It's unfortunate that this fact (engagement) came out at the border. You's have benefitted from the 'don't ask, don't tell' policy of the 90s! Now that it's out, it can't be called back.

[kimlbs 0]

Joe, you've been caught out in 'can't have your cake and eat it too'.

Your GF has been given The Word. Right, wrong or indifferent, she has been told what's what by a border agent and can not call it back.

She can NOT "hide" her intentions; that would be a material misrepresentation (look it up) that could seriously impact her ability to ever re-enter the US. Lying is the worst immigration sin out there.

She can keep her job, have her wedding in Sept. and stay in the US for the next six+ months. Or, she can marry now, file to adjust her status to PR and travel in aprox 3 months. Can still have the fancy wedding in Sept.

When she marries and files for her adjusment of status, she can also apply for a travel document called Advance Parole (form I-131). This allows her to re-enter the US until she gets her Green Card.

It's unfortunate that this fact (engagement) came out at the border. You's have benefitted from the 'don't ask, don't tell' policy of the 90s! Now that it's out, it can't be called back.

This advice says it all!!! I think I agree with her post and if I were you....I would just go ahead and marry (civil ceremony) at the local courthouse...file the AOS with a request for AP (Advanced Parole)...you can still go ahead with your big wedding in September and the issues with travel should be resolved within 3 months........

I would never mis-lead boarder patrol regardless of how innocent it may sound.......it could cost you greatly in the end and it just isn't worth it......

[Kajikit 65]

She's in the US legally... if I was you I'd bite the bullet and get married NOW. Your other choice is for her to continue her work until your planned wedding, but then she can't leave the country for even a minute between now and then - she's on record as 'engaged' so she can't take it back if you two ever have any intention of tying the knot.