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Can I stay on TN visa after marrying a US green card holder? (merged)

By canTn in Work Visas

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canTn Newbie

canTn   0

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I'm a Canadian citizen working in the US with a TN visa. My current TN status is expiring in the summer of 2025. This is my second consecutive TN; both were approved through USCIS. 

 

My spouse is a US green card holder and we are getting married in a few months. They will be eligible for citizenship in 2 years time. 

 

I would like to understand how will our marriage impact my TN status and my ability to renew my visa.

 

More precisely, 

 

1) May I leave and re-enter the US after getting married (e.g. for our honeymoon) on a TN visa?

2) Will I face additional scrutiny from Border Control when crossing the border with my spouse?

3) Does getting married to a green card holder constitute an "intent" for immigration even if I don't plan to fill for a spouse green card?

4) Can I continue to renew my TN visa when the current one expires?

5) Any recommendations on a good attorney service that can help me navigate the risks?

 

Thank you

 

 

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Boiler Grand Master

Boiler   45,445

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Filed: K-1 Visa Country: Wales
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Yes

 

Possibly

 

No but raises questions

 

Yes

 

Not sure what a Lawyer can do.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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canTn Newbie

canTn   0

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Hi, I am working in the US on a TN-1 visa. Job and degree in software engineering. My TN expires in 2025. 

 

My spouse is a green card holder and we are looking at our options beyond 2025. 

 

I would like to enter and exit the country, since I have aging families I would like to visit outside the US.

 

Further, I would like to be able to renew my TN or get a new TN if needed, since the tech sector is going through layoffs this year 

 

One option I found while researching is to fill for I-130 + consular instead of requesting an Adjustment of Status. 

 

It appears this method would allow me to enter and exit the country without risk while my i-130 is pending. Questions:

 

- Does filling i-130 alone indicate any intent?

- Can I enter or exit the country while i-130 is pending?

- Can I renew a TN visa while i-130 is pending?

- Can I renew a TN visa if I go through the consular route?

 

Thank you

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igoyougoduke Experienced

igoyougoduke   1,653

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Filed: Lift. Cond. (apr) Timeline
Posted

- Does filling i-130 alone indicate any intent?   - No

- Can I enter or exit the country while i-130 is pending?  Yes 

- Can I renew a TN visa while i-130 is pending? Yes 

- Can I renew a TN visa if I go through the consular route? Yes uscis will decide that but in general yes 

duh

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canTn Newbie

canTn   0

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Thanks for your reply! 

 

I was reading on Boundless and other thread, and it seems like some firm believe

 

https://www.passage.law/blog/does-filing-an-i-130-establish-immigrant-intent#:~:text=Of course%2C if a family,at some point in time.

 

The simple act of filling i-130 can be misconstrued as immigration intent.

 

Can you recommend any resources or law firm that can handle this? 

 

My employer is primarily based in the US and I cannot risk being out of status. 

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Crazy Cat Grand Master

Crazy Cat   41,811

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Filed: Citizen (apr) Country: Taiwan
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Posted
10 hours ago, canTn said:

- Does filling i-130 alone indicate any intent?  

- Can I enter or exit the country while i-130 is pending?

- Can I renew a TN visa while i-130 is pending?

- Can I renew a TN visa if I go through the consular route?

Based on what I have read in the past:

1.  Yes.

2.  Yes.

3.  Can be problematic.

4.  See #3 above.

 

 

 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,811

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
50 minutes ago, canTn said:

Does entering into a marriage with a LPR also signify intent? 

No, not immigrant intent.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Ontarkie Grand Master

Ontarkie   14,217

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

~~MOved to AOS from Work, Student and Tourist Visas, from AOS FAmily K1/K2 P&P - the OP's wife has not entered by K1 or K3~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Ontarkie Grand Master

Ontarkie   14,217

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Years ago that was the case. I'm seeing more and more now do just what you asked about. 

We had many on here years ago that were very clear that the minute you had immigrant intent that was it for renewing or getting a TN visa. I do not know if that was a fear drilled into them or if it was legit. SO I would say anything is possible. 

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Ontarkie Grand Master

Ontarkie   14,217

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

~~Related threads merged. Please keep your questions to one thread.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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