Can Canadian wife enter on TN visa and then adjust status?

[krp 0]

Hi everyone, just wondering if this is feasible:

I'm a USC married to a Canadian. Is it possible for her to enter the US on a TN (NAFTA) visa, and then apply for an AOS for a GC? Or would that be considered an invalid use of the TN visa (i.e., using a non-immigrant visa for immigration purposes), given that we were already married when she got the TN visa?

Thanks for any insight!

[HeatDeath 430]

My understanding is that by far the most common cause for rejection of TN visa renewals is that the TN holder has acquired a US spouse. CBP officers are required to assume that any foreigner with a USC spouse is an intending immigrant, unless there is ridiculously compelling evidence to the contrary. No one who is deemed to have immigrant intent will be given a TN visa.

The TN visa would be given to her at the border. I think it's safe to say that if they find out she has a USC husband, she will definitely not be given a TN visa. The only way I can see her even being given a TN visa is if she does an incredibly dextrous dance and manages to avoid mentioning you, and even that would be considered invalid use of a TN visa and could very well end up being seen by the AOS adjudicator to have been material misrepresentation.

So I'm reasonably certain that the TN visa plan won't work.

[krp 0]

Thanks HeatDeath -- unfortunately that's what I figured. We'll scratch that idea.

[Deputy Purple 1,294]

Follow the proper process filing an I-130 to sponsor her for a CR/IR-1 Visa. As long as she maintains strong ties to Canada she will be allowed to visit the US during the process.