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smoozy82

Married on TN visa Can I go Home?

By smoozy82 in Adjustment of Status from Work, Student, & Tourist Visas

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desertblue88 Contributor

desertblue88   0

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

I wouldn't recommend leaving now that your married. Your TN is likely invalid now that your married to a USC because you are eligible for Adjustment of Status.

I personally do not have a lot of experience with the TN Visa, other then the fact that it is treated as a Non-Immigrant Visa, and you now have First Pref family here. So it's hard to say.

But airing on the side of caution. I wouldn't risk it.

"It is Better to have loved and lost than never to have loved at all" - Some smart dude

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Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted

It would be wise not to place yourself in a state (chance) of misrepresenting yourself at the POE/CBP.

I would suggest to file for the AOS first, and get the AP to travel. Then your covered.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Mestis Contributor

Mestis   1

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted
I wouldn't recommend leaving now that your married. Your TN is likely invalid now that your married to a USC because you are eligible for Adjustment of Status.

I personally do not have a lot of experience with the TN Visa, other then the fact that it is treated as a Non-Immigrant Visa, and you now have First Pref family here. So it's hard to say.

But airing on the side of caution. I wouldn't risk it.

TN wont become automaticly invalid after the wedding to a USC citizen. However, getting married is a strong negative versus the "non-immigrant" intent of the visa.

I mean, you could marry a USC citizen with the intent of both moving back to Canada after your TN is expired.

If you cross the border and a person ask you if you are married, you can not lie. The only way you could get out of this is if you show strong ties to Canada and proof you will come back after your TN is expired. The trouble is once you get married to a USC, live in the US, work in the US, proving those ties become really a hard thing to do. And if someone ask you this question, you can be in trouble. And since TN status is really something that can be dependent of the mood of the officer on duty that day, you never know.

Also, for the AOS process, you need to prove that when you last entered the US, you had all the intention to go back to Canada at the end of your TN.

I know myself, I would not travel to Canada unless I really had too, even if my TN was still valid, and even if I was not in a "troublesome" situation. Being married to a USC, considering how "easy" it can be to get a green card, this is definitly a Red Flag for immigration.

Btw, this is just from my experience as a TN visa holder, dealing with lawyers, border officials and all that good stuff...I am definitly NOT a lawyer

2006 to 2010 - Working on TN status
09/26/2009 - Wedding
02/16/2010 - Green Card in hand!
02/12/2012 - ROC Done, Green Card Received

09/15/2015 - Naturalization Ceremony

 
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