TN visa with divorce how to protect TN status

[candian_tn 0]

Hi All

I am sure it is not related to this subject but I am hoping someone can help me out:

I am on TN visa and got married to US citizen. we filed for Green card but before getting even my EAD we decided to get divorce. I went for biometric though . Now my questions are:

1- is my TN visa status in danger? if i go out of the country and come back would they find out about my marriage?

2- what is the chance the border wouldnt notice if we remove the Adjustment status petition?

What should i do to keep my status or bring it back to normal?

It is highly appreciated your expereince and response.

Thank you

[TBoneTX 45,031]

A VisaJourney moderator (see below) has put your thread into the correct forum (Work Visas, here) for you to get meaningful replies. Welcome to VJ, incidentally!

Edited June 20, 2013 by TBoneTX

[Ontarkie 14,193]

~~~~Thread split from an unrelated and very old topic. Thread also moved to Work Visas , from K-3 Spouse Visa Process & Procedures As the focus is trying to keep the status of the TN Visa~~~~

[Lisa Anderson 0]

Hi All

I am sure it is not related to this subject but I am hoping someone can help me out:

I am on TN visa and got married to US citizen. we filed for Green card but before getting even my EAD we decided to get divorce. I went for biometric though . Now my questions are:

1- is my TN visa status in danger? if i go out of the country and come back would they find out about my marriage?

2- what is the chance the border wouldnt notice if we remove the Adjustment status petition?

What should i do to keep my status or bring it back to normal?

It is highly appreciated your expereince and response.

Thank you

It might be worth it to at least have a consultation with an immigration attorney. You may need to leave and re-enter to really be back in TN status. When trying to re-enter the U.S. on TN, the issue is not technically the marriage, but the AOS. The filing of the AOS shows that you have immigrant intent, which you’re not supposed to have when entering the U.S. on TN. It is possible for a border agent to find out you have or had an AOS application and I-130 petition pending. Also, if they ask you, you have to answer truthfully.

[Dakine10 5,452]

Hi All

I am sure it is not related to this subject but I am hoping someone can help me out:

I am on TN visa and got married to US citizen. we filed for Green card but before getting even my EAD we decided to get divorce. I went for biometric though . Now my questions are:

1- is my TN visa status in danger? if i go out of the country and come back would they find out about my marriage?

2- what is the chance the border wouldnt notice if we remove the Adjustment status petition?

What should i do to keep my status or bring it back to normal?

It is highly appreciated your expereince and response.

Thank you

If your AOS is/was properly withdrawn, then you are still in Tn status until your status otherwise expires. Obviously you do risk a denial when trying to re-enter at a border crossing.

If you have not yet withdrawn your AOS, do so immediately. Include your receipt number and a#, and a letter stating that you wish to withdraw the application. I would state the reason for withdrawal and also state that you no longer have immigrant intent. Keep a copy of the letter and eventually you will get a response back from USCIS. Have both of those documents with you if/when you need to cross the border.

If you are going to cross the border, you should proceed as if there is a 100% chance that they will be aware that you previously filed the I-485. All that information is on record now. The main issue will be proving that you no longer have immigrant intent the next time you enter. Making sure the AOS is withdrawn correctly and having the documentation will help with that, althought there is no guarantee. They may want you to re-establish ties with Canada before they allow entry on the Tn again.