TN engaged to american with plans to visit canada before wedding

[randi 0]

i am writing to solicit thoughts on the following: i am a canadian citizen on a TN working in the US. i have been on a TN for about 10 years now. i am marrying an american in the US next month, but i would like to return to canada for a visit this month. so my question is how much of a risk am i running by crossing the border back into the US given that i am engaged to an american? is the fact that i am engaged grounds for barring me re-entry?

Thanks!

[Waiting_In_SC 28]

I'm sure more knowledgeable folks than myself will chime in here, but I imagine it would make the 'intent' situation a bit sticky. If you're engaged, you leave the US, then try to re-enter on a non-immigrant visa with the intent of getting married, you could be opening yourself up for some tricky situations throughout the process. I do know that lots of folks here say that AOS can't be denied solely on the basis of intent, but I sure would be reluctant to do what you're planning if I were in your situation.

[randi 0]

thanks! i really appreciate you chiming in...this is good food for thought...i have never been asked in all of my 10 years on a TN going between the two countries whether i was engaged to an American, so i am hoping that they don't ask now...

[ceadsearc 516]

Well, it's a bit complicated because it depends on what you intend to do.

Being engaged or married doesn't mean you can't enter the country. People visit their fiancé's and spouses on non-immigrant visas all the time, as long as they can prove they don't intend to immigrate. For you, proving that might be tricky, but then again they might not ask.

The big issue is that a TN is not a dual intent visa, meaning you can't enter on it planning to stay. So if you plan to adjust status and get a green card, leaving and then entering with that intent would be illegal. Filing while already here when you didn't come here with that intent is fine, and leaving once you have approved AP is fine, but if you were to leave and re-enter on the TN technically you should still be planning to return home and file a CR-1 for a green card.

[grrrrreat 109]

Well, it's a bit complicated because it depends on what you intend to do.

Being engaged or married doesn't mean you can't enter the country. People visit their fiancé's and spouses on non-immigrant visas all the time, as long as they can prove they don't intend to immigrate. For you, proving that might be tricky, but then again they might not ask.

The big issue is that a TN is not a dual intent visa, meaning you can't enter on it planning to stay. So if you plan to adjust status and get a green card, leaving and then entering with that intent would be illegal. Filing while already here when you didn't come here with that intent is fine, and leaving once you have approved AP is fine, but if you were to leave and re-enter on the TN technically you should still be planning to return home and file a CR-1 for a green card.

I agree with the possible intent problem. It may never come up in the process. Intent isn't a good enough reason to deny adjustment. On the other hand, there's always a chance you'll get questioned at the border about your intent, and if you were to misrepresent, there might be problems. So there's a potential risk.

USCIS has debated making the TN visa a dual intent visa, which means it wouldn't be illegal to enter with it if you have the intent to immigrate, but the proposal hasn't been implemented yet.