TN Travel *before* wedding?

[Saddle Bronc 124]

I think the intent to marry and adjust status trumps the TN. This is skating on the hairy edge of fraud if you ask me. That you can do it and get away with it doesn't mean that it is within the spirit of the law.

An absolutely chop law, whose spirit it would be better to bury.

[Phil80 0]

No bearing whatsoever; you need to be in the US to file an AOS.

Yes I realize that much, its not about applying for AOS while outside the country. Its "what if anything happens *before* my wedding to my grandma, will I be allowed to go see her/funeral *before* my wedding and return to the US without it having an adverse effect on my AOS". After the wedding I can get AP (once I've submitted and they've aknowledged receipt of my AOS paperwork) if anything happens.

I'm not trying to skirt the law, however reading the link above about "TN visa professional must maintain bona fide nonimmigrant intent throughout the TN professional's stay in the United States." could mean that ANY plans to adjust status while on TN means you are committing fraud, no?

Edited February 13, 2009 by Phil80

[Flames9_RN 358]

No bearing whatsoever; you need to be in the US to file an AOS.

Yes I realize that much, its not about applying for AOS while outside the country. Its "what if anything happens *before* my wedding to my grandma, will I be allowed to go see her/funeral *before* my wedding and return to the US without it having an adverse effect on my AOS". After the wedding I can get AP (once I've submitted and they've aknowledged receipt of my AOS paperwork) if anything happens.

I'm not trying to skirt the law, however reading the link above about "TN visa professional must maintain bona fide nonimmigrant intent throughout the TN professional's stay in the United States." could mean that ANY plans to adjust status while on TN means you are committing fraud, no?

The big hassle with immigration,every one likes to have their own take on it, same as when your dealing with POE officers, they have their own take as well,which makes it all so frustrating! Best of luck

[Saddle Bronc 124]

No bearing whatsoever; you need to be in the US to file an AOS.

Yes I realize that much, its not about applying for AOS while outside the country. Its "what if anything happens *before* my wedding to my grandma, will I be allowed to go see her/funeral *before* my wedding and return to the US without it having an adverse effect on my AOS". After the wedding I can get AP (once I've submitted and they've aknowledged receipt of my AOS paperwork) if anything happens.

I'm not trying to skirt the law, however reading the link above about "TN visa professional must maintain bona fide nonimmigrant intent throughout the TN professional's stay in the United States." could mean that ANY plans to adjust status while on TN means you are committing fraud, no?

The biggest irony of that...if the TN-holder has an approved I-140 (doesn't quite work so well with I-130) with consular processing (@ Montréal) as chosen option (or even, during a hurry-up-and-wait time, swaps to that option), then he/she is considered as having nonimmigrant intent.

(I actually was on TN-1 in September 1997 when I got an I-140 approval--misfiled by my chop-of-attorney as EB-3 rather than EB-2, which resulted in precisely such a hurry-up-and-wait situation; I made several trips from Atlanta to Calgary prior between then and December 1999 when I got my GC @ Montréal).

[warlord 72]

The whole thing is the Officer isn't going to ask anything about if he's at some point planning to get married when he's comming in on a valid status to the US. The officer is going to want to know that the TN is valid and that is all.

Phil's not going to suddenly blurt out "BTW I am going to get married in a month or so". When he enters the US at that point, he is still doing so with the intent of working, unmarried to a US citizen on US soil for his US job which is what the TN is for. Nothing weird about that.

There is no fraud in planning a marriage and getting married in the US while on a TN status either. It is quite common, the INS knows all about it, in fact they ask you those types of question while you are at your Green Card interview. They did with mine, wondering how we met then what my legal status was in the US (TN) and thats all. As long as you are on a valid status when you get married is all they care about.

People on TN's get married all the time and travel accross the border before getting married. Nothing illegal or wrong with that. Many people get a new TN before getting married (which is what all the lawyers tell you to do) in order to be working on a valid status before your EAD arrives after applying for AOS.

The issue is after you are married it would be illegal and fraud if you applied for a new TN. Anything before is fine if you are already on a TN status.

If you were applying for a first time TN at the border with the intent to marry, then that would be different as you are not already on a valid status. Then they might determine your TN is soley based on marriage only and not to work. Phil is already on a valid status and has been approved...

[Saddle Bronc 124]

The whole thing is the Officer isn't going to ask anything about if he's at some point planning to get married when he's comming in on a valid status to the US. The officer is going to want to know that the TN is valid and that is all.

Phil's not going to suddenly blurt out "BTW I am going to get married in a month or so". When he enters the US at that point, he is still doing so with the intent of working, unmarried to a US citizen on US soil for his US job which is what the TN is for. Nothing weird about that.

There is no fraud in planning a marriage and getting married in the US while on a TN status either. It is quite common, the INS knows all about it, in fact they ask you those types of question while you are at your Green Card interview. They did with mine, wondering how we met then what my legal status was in the US (TN) and thats all. As long as you are on a valid status when you get married is all they care about.

In context, you mean marriage-based GC; at interviews for employment-based GC, such a question will not be asked.

People on TN's get married all the time and travel accross the border before getting married. Nothing illegal or wrong with that. Many people get a new TN before getting married (which is what all the lawyers tell you to do) in order to be working on a valid status before your EAD arrives after applying for AOS.

The issue is after you are married it would be illegal and fraud if you applied for a new TN. Anything before is fine if you are already on a TN status.

If you were applying for a first time TN at the border with the intent to marry, then that would be different as you are not already on a valid status. Then they might determine your TN is soley based on marriage only and not to work. Phil is already on a valid status and has been approved...

[Frenchy 0]

The rule is to never assume anything. Some things fly some things crash. Some are lucky some are unlucky. I lost my TN status because I was married to a US citizen and waited for my last trip to Canada before filing any documents. After getting married I had to go back to Canada twice. The 1st time I crossed no questions asked. The second crossing was one of the scariest event of my life! If you plan on getting married with a TN, file asap, stay in the country until your advance parole comes in. And just because you hold a TN status your re-entry is never guaranteed. This is irrelevant of marriage plans, but if you plan on traveling with your boyfriend, they will ask questions.

Good luck, and just be careful!