TN visa or I-129F what lawyer said

[AbiGS 0]

Hello,

I posted a couple weeks asking for advice on what Visa to get for my fiancé:

 

Basically, fiancé is a Canadian living in Canada and I am an American living in the USA. We were just about to submit our I-129F visa, but my place of employment in the USA offered him a job on a TN visa to start ASAP (They really need embedded systems engineers). Fiancé is finishing up his 4^th and last required internship to get his diploma in October 2018.We were planning on getting married with a flexible date. And we were asking advice here on what to do because to get the TN visa you shouldn’t have the intent to stay. So, we were looking for the right course of action.

 

On the thread there were so many different opinions on what we should do.  My workplace set me up with an immigration attorney consultation (30 minutes for free) and she said that if she were us, she would do as follows:

Let the Fiancé come on a TN visa, but at the border do not say that you have plans to get married. Do not make any long-term plans. Apparently, the government sends out memos and there is a sliding scale: when people get married on a TN visa within 30-45 days of being in the USA, it constitutes as immigrant intent. Do not marry before 30 days either obviously. She says we would be safe to get married after 120 days and that people have been doing this for years. She says that intent is subjective and what we are doing is not fraudulent. She says that by any means she is not saying to lie to immigration officers. She says to answer truthfully to all their questions but do NOT volunteer information. Do not give away any information you haven’t been asked.

 

Another development is that we do not want to stay in the US to work long term. We want to do a Holiday Visa abroad and while away, we will file his spouse visa. Then maybe have children in Canada.

 

Anyway, I wanted to share my experience just in case anyone is going through something similar.