AOS from TN Visa, married US Citizen within 30 days

[avalee007 0]

I am on a TN visa, and have traveled overseas for vacations and re-entered the US with no problems.

In May 2014, I went on vacation to Thailand and re-entered the US.
Two weeks later, I married my US Citizen husband.
Now, we are planning on concurrently filing I-130 and I-485.

Would my application be denied since we got married two weeks after my entry? Would this be perceived as preconceived intent or immigration fraud? Or does preconceived intent and the 30/60 day rule only apply to when the AOS application is submitted, and not when we got married?

If this would be perceived as preconceived content, would AOS still be the best option?

How do we proceed?

[subwayguy 100]

I have the same problem. And I don't have the answer. I've been here for 6 years on f1 visa . I reentered the us in march after a spring break trip to Germany. We got married a month after I reentered the us , I am worried as heck too.

[CdnRN 40]

I am on a TN visa and was advised that marriage within 90 days of receipt of the TN that it could've been viewed as preconceived intent, but I don't believe it applies for repeat entries. I'm no expert but that is my understanding...

[subwayguy 100]

I just checked that my last entry was April 20 and I got married on the 29th

[NikLR 13,232]

They have to prove intent. The TN visa is not a dual intent visa. You can stay and work legally in the USA without adjusting your status. If you file the AOS I'm not sure if it cancels your TN visa or not.

[subwayguy 100]

I am on a TN visa, and have traveled overseas for vacations and re-entered the US with no problems.

In May 2014, I went on vacation to Thailand and re-entered the US.

Two weeks later, I married my US Citizen husband.

Now, we are planning on concurrently filing I-130 and I-485.

Would my application be denied since we got married two weeks after my entry? Would this be perceived as preconceived intent or immigration fraud? Or does preconceived intent and the 30/60 day rule only apply to when the AOS application is submitted, and not when we got married?

If this would be perceived as preconceived content, would AOS still be the best option?

How do we proceed?

I got two answers from two immigration attorneys today. One is 100% certain I won't have problem because I've been in status for 6 years and visa fraud is usually raise when the person first came and adjusted status.

Second one says it might be a problem because timing is too sensitive (got married in 9 days ) but she said it shouldn't be a problem because I've been here for this long . She also mentioned it depends on the IO at interview to raise the question or not .

It might apply to you if you've been here for a while, then you don't have to worry about it so much.

[avalee007 0]

Thanks subwayguy.

I have only been here for a year and in status for the entire time.

I'm going to a consultation with an immigration lawyer next week. I'll let you know what he says.

[freddy_vee 0]

I was in the same situation - I've been on a TN for about a year and a half but got married about 30 days after re-entry.

I;ve been told by senior/respected members (not necessarily on VJ) that it should not be a problem for marriage based filings - AOS/marriage within 90 days of entering is questioned if its a work based filing etc. I was assured that it should not pose a problem.

Not sure if that helps - and I would recommend taking to a lawyer if you have the means for it. Let us know what you find!

Cheers

[avalee007 0]

Hi all, update from a discussion I just had with the immigration lawyer.

According to the immigration attorney, the date of my marriage is not the focus when determining whether or not there is preconceived intent. His argument is that even though a couple may have gotten married right after entry or re-entry to the US, that alone does not show preconceived intent. A couple could be married, yet not file for the green card, and thus would not have immigrant intent.

Immigrant intent is shown when paperwork, such as filing for AOS, is submitted to USCIS. Therefore, he advised that the date of my application is much more important than my date of marriage. I would need to make sure that I file my AOS application after 60 days of my last entry date.

In short, marriage does not show immigrant or preconceived intent. Filing for AOS or other immigration paperwork does.

[MacUK 983]

Hi all, update from a discussion I just had with the immigration lawyer.

According to the immigration attorney, the date of my marriage is not the focus when determining whether or not there is preconceived intent. His argument is that even though a couple may have gotten married right after entry or re-entry to the US, that alone does not show preconceived intent. A couple could be married, yet not file for the green card, and thus would not have immigrant intent.

Immigrant intent is shown when paperwork, such as filing for AOS, is submitted to USCIS. Therefore, he advised that the date of my application is much more important than my date of marriage. I would need to make sure that I file my AOS application after 60 days of my last entry date.

In short, marriage does not show immigrant or preconceived intent. Filing for AOS or other immigration paperwork does.

Your immigration attorney just wants your money.

Preconceived intent can get people turned away at PoE but as long as you didn't lie to the official on entry then once you are within the States immigrant intent can't be used against you for AOS.

You probably don't need an attorney at all.