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SarahA

Canadian on TN visa married to US citizen, traveling to Canada

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

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SarahA Newbie

SarahA   0

Posted
Filed: TN Visa Timeline
Posted

Hi there, I'm a Canadian RN on a TN visa, I have been working in the US for 4 years. I was married to a US citizen in April and intended to have my employer petition for a Green card on my behalf, rather than my husband, so that we don't have to go through the headache and cost. This process will not likely being for 6 months or so, and I am traveling to Canada in 2 months to visit family. Will I have trouble coming back into US, and/or renewing a TN coming back to the US? Any advice is helpful!

wifi Contributor

wifi   6

Posted
Filed: Timeline
Posted

You will have an issue if you leave the US because your intent has changed. Your TN Status (not visa) is NOT dual intent -- it is for work only and not immigration. As a result, you're expected to maintain strong ties back to Canada. It is expected that when questioned by a border official that you answer truthfully. It is clear that your intent is to immigrate to the US. They will likely deny entry upon return to the US and certainly will not grant you additional TN Status when your 1 or 3 year term expires.

My suggestion is to not leave the US and apply for your Adjustment of Status as soon as possible. You likely will not be able to travel to Canada in the next couple of months. You'll need to wait for your Advance Parole paperwork to clear. That will happen quickly if you apply for AOS through your husband. It will be many months longer if you do it through your employer as they have requirements to complete prior to submitting an AOS on your behalf.

grrrrreat Rising Star

grrrrreat   109

Posted
Filed: Timeline
Posted

Hi there, I'm a Canadian RN on a TN visa, I have been working in the US for 4 years. I was married to a US citizen in April and intended to have my employer petition for a Green card on my behalf, rather than my husband, so that we don't have to go through the headache and cost. This process will not likely being for 6 months or so, and I am traveling to Canada in 2 months to visit family. Will I have trouble coming back into US, and/or renewing a TN coming back to the US? Any advice is helpful!

If nothing has been filed regarding your employer petition, USCIS won't have any record of that intent. However, the border officers may ask you questions regarding your intent, especially if they learn that you are married to a U.S. citizen. As a result, you risk being barred at the border for having immigrant intent. It's illegal to enter the U.S. with the intent to immigrate unless you have an immigrant visa (which TN is not).

The far safer option is to apply for adjustment of status now and seek an advance parole/employment authorization document. It will probably take longer than 2 months to receive advance parole unless you convince USCIS to expedite it. Perhaps you can ask your employer to reimburse you for the USCIS fees because the employer will avoid a lot of expense filing on your behalf.

USCIS has issued a memo considering whether to change TN into a "dual-intent visa", which means that it would not be illegal to use it with the intent to immigrate. However, they have not decided to do that or indicated when that might happen.

  • 3 years later...
canucka Newbie

canucka   0

Posted
Filed: TN Visa Country: Canada
 Timeline
Posted

hi, i'm a canadian working in the us with a TN VISA.

i recently got married to an american but have not filed any paperwork to start the process to get a greencard. if i have not changed anything with my TN status, do you think it will be difficult for me to go across the border to canada and return into the us? will the border guard be able to know that i got married a few months ago? i have read other postings in which people say that once you get married you now have intent to immigrate, but if i havent applied for a greencard yet, and nothing else has changed with my job, could it not be possible that i could plan to stay for the rest of my time on the visa and then my husband and i plan to move back to canada?

we have not decided yet if we will stay in the us or immigrate to canada, the holidays are quickly approaching and i have been told its too late to apply for a special permission (not sure what that is called) to be able to cross over and return.

can anyone please offer any advice or links to help me out?

thank you!

TBoneTX Grand Master

TBoneTX   46,295

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Thread from 2012 is now closed to further comment; most recent poster has a stand-alone thread with same query.

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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