From TN to marriage?

[Canadrian 0]

Looking for some guidance as to what steps I should follow to get my status updated since I married my US citizen wife. I have been working on a TN Visa here in Massachusetts for 2 years prior to our marriage. I imagine I need to change status etc. but can't find any info on this site for Canadians or TN visa holders?

[riblet 0]

I'm not sure specifically about the TN, but unless it has some specific restrictions I think that since you are in the U.S. you need to Adjust Status by filing a I485.

Looking for some guidance as to what steps I should follow to get my status updated since I married my US citizen wife. I have been working on a TN Visa here in Massachusetts for 2 years prior to our marriage. I imagine I need to change status etc. but can't find any info on this site for Canadians or TN visa holders?

[lucyrich 20]

Your country of origin doesn't matter much; the procedure is the same for anyone who's not from the US.

Assuming your last entry to the United States was completely legal, then you can probably file for adjustment of status, without leaving the US. Most people on this site have different situations, and most concentrate on getting a visa abroad first.

Be careful to understand what I mean by "your last entry to the United states was completely legal". This means that you must not have deceived an immigration officer, particularly regarding your intent at the time of entry. There's a sticky point that comes up here often. If an alien enters the US as a visitor (using a visitor's visa, student visa, temporary work visa, or any other procedure for a non-immigrant), and if that alien intends, at the time of entry, to enter the US, marry a US Citizen, and stay in the US, then the alien is obligated to disclose that intent to the immigration officer, and the immigration officer will turn the alien away. If the alien hides his/her immigrant intent from the officer and gets in anyway, then that entry is not legal, and it's not legal to adjust status based on that illegal entry. Sometimes people get away with it, though.

If you choose to adjust status, then when the adjustment of status interview comes up, you'll have the burden of proving that your intitial entry was legitimate.

You don't spell out all the details, but it seems like from your post that you might have entered the US two years ago, then met your sweetie after you entered, then fell in love, and finally married. If this was the order of events, you probably don't have any problem, and adjustment of status is probably the easiest route for you.

If adjustment of status is not the right route for you, then look at the guides for the K-3 visa. In order to get a visa, you will have to leave the US and go to a consulate abroad, at least for the interview portion (which is near the end of the process).

It may be worth a short consulation with an immigration attorney or two to discuss your options and plan a strategy. Consulting with an attorney doesn't mean you need to use the attorney to file the papers. If your consulation doesn't reveal any sticky points, and if you're comfortable filling out the detailed forms, you can almost certainly do this yourself (most here do it themselves). You'd start with an I-485 and an I-130, plus associated biographic forms.

Good luck, whatever route you choose.

[girl 37 7]

Try searching for Zyggy's posts. He has some good info for Canadians in the US on TN visas.

[Our Mao 0]

I was on TN. Technically speaking, get married in the States and then file for adjustment of status. No matter what, do not leave the country until u've filed. I would also speak to a lawyer.

I didn't and guess what???? I'm stuck in Canada, away from my husband. We had to file I-130 and the I-129F. We were married for 2 days and then separated (June this year). I guess our problem was we got married in Canada v.s US (and it's our fault???)

Anyways... enough of my sad story... if I were you, talk to a lawyer and no matter what, do not leave the states.. I did and was not able to come back. If they found out at customs that u're married to a US citizen and u're on TN AND you didn't submit any paperwork, they won't let u in. It happened to me and I dont want that to happen to anyone else!