On a TN visa and married an American...now what?

[ostojo 0]

OK so I'm looking for some general advice. I'm a Canadian working in the US under a TN visa. I've worked for the same company for the last 3 years.

I married an American almost a year ago. I actually renewed my TN visa after I got married, and got a 3 year visa, so it is good until 2012, for another 2.5 years.. I didn't mention that I had gotten married when renewing, and wasn't asked. We actually visit my family in Canada quite regularly, and have yet to be asked if we're married at the border, so no problems yet. It probably helps that my wife's passport is still in her maiden name.

At this point we have no plans to settle down long-term in the US. We've seriously talked about moving to Canada after a few years, which is why I was happy to maintain my TN visa. It is not intended for permanent immigration, but that is not my plan. I'd just as soon aviod any other visas or a greencard, especially if we're going to move before my visa expires.

Well, we're trying to buy a house and got held up with the financing because I don't have an EAD (Employment Authorization Document). A TN visa doesn't require one. By the way, we're buying a house that we figured would be easy to rent in case we decide to pack up and move, keeping in line with the whole not being sure where we want to permanently settle down. I also own real estate in Canada which I currently rent out.

Anyhow, while looking into an having a TN and getting an EAD, I ran into visajourney.com, and read some very scarry accounts of TN visa holders getting their TN taken away when the border guard found out they were married. Before we got engaged, I actually called up USCIS and spoke with an officer who told me that as long as my intent was not to immigrate, then my getting married would not void my TN visa. From what the forums sound like, this is not the case.

To make matters even more interesting, my company wants to send me to China for 6 months in January. I would still be getting paid here in the states, but I could see how such a trip would raise questions from immigration officers that would lead to discovering that I'm now married.

What other options should I consider. An H1-B? I read that I should apply for an EAD and an Advance Parole for when I leave the country. Should I not leave the country? What is likely to happen if they ask if I'm married at the border (with my wife in the car next to me)?

Any thoughts and or advice would be greatly appreciated.

[Carlawarla 1]

OK so I'm looking for some general advice. I'm a Canadian working in the US under a TN visa. I've worked for the same company for the last 3 years.

I married an American almost a year ago. I actually renewed my TN visa after I got married, and got a 3 year visa, so it is good until 2012, for another 2.5 years.. I didn't mention that I had gotten married when renewing, and wasn't asked. We actually visit my family in Canada quite regularly, and have yet to be asked if we're married at the border, so no problems yet. It probably helps that my wife's passport is still in her maiden name.

At this point we have no plans to settle down long-term in the US. We've seriously talked about moving to Canada after a few years, which is why I was happy to maintain my TN visa. It is not intended for permanent immigration, but that is not my plan. I'd just as soon aviod any other visas or a greencard, especially if we're going to move before my visa expires.

Well, we're trying to buy a house and got held up with the financing because I don't have an EAD (Employment Authorization Document). A TN visa doesn't require one. By the way, we're buying a house that we figured would be easy to rent in case we decide to pack up and move, keeping in line with the whole not being sure where we want to permanently settle down. I also own real estate in Canada which I currently rent out.

Anyhow, while looking into an having a TN and getting an EAD, I ran into visajourney.com, and read some very scarry accounts of TN visa holders getting their TN taken away when the border guard found out they were married. Before we got engaged, I actually called up USCIS and spoke with an officer who told me that as long as my intent was not to immigrate, then my getting married would not void my TN visa. From what the forums sound like, this is not the case.

To make matters even more interesting, my company wants to send me to China for 6 months in January. I would still be getting paid here in the states, but I could see how such a trip would raise questions from immigration officers that would lead to discovering that I'm now married.

What other options should I consider. An H1-B? I read that I should apply for an EAD and an Advance Parole for when I leave the country. Should I not leave the country? What is likely to happen if they ask if I'm married at the border (with my wife in the car next to me)?

Any thoughts and or advice would be greatly appreciated.

I'm sorry, I personally don't know enough about TN visa's to help you, but we do have someone in the Canada forum that adjusted from a TN visa, so I'm going to PM him, and ask that he drop by and help you out!

[Krikit 1,164]

Oooh! Could you tell him I'm moving the thread too, Carla?

Welcome to VJ, Ostojo. I am going to move your thread to the AOS From Work Visa forum. That's where you're most likely to receive a response and/or find an answer to your question. Also, do a search on posts by Warlord. (Whom I suspect Carla is PM'ing.) He was here on a TN visa and then subsequently married. I'll see if I can find his last post on this.

Good luck!

[Krikit 1,164]

Here are a few links for you:

Answers - Applying for AOS on EB Category While on a TN

Post - Maintaining US residency and the N-400

Thread - AOS Submittal When the TN Expires in 4 Weeks

[warlord 73]

OK so I'm looking for some general advice. I'm a Canadian working in the US under a TN visa. I've worked for the same company for the last 3 years.

I married an American almost a year ago. I actually renewed my TN visa after I got married, and got a 3 year visa, so it is good until 2012, for another 2.5 years.. I didn't mention that I had gotten married when renewing, and wasn't asked. We actually visit my family in Canada quite regularly, and have yet to be asked if we're married at the border, so no problems yet. It probably helps that my wife's passport is still in her maiden name.

At this point we have no plans to settle down long-term in the US. We've seriously talked about moving to Canada after a few years, which is why I was happy to maintain my TN visa. It is not intended for permanent immigration, but that is not my plan. I'd just as soon aviod any other visas or a greencard, especially if we're going to move before my visa expires.

Well, we're trying to buy a house and got held up with the financing because I don't have an EAD (Employment Authorization Document). A TN visa doesn't require one. By the way, we're buying a house that we figured would be easy to rent in case we decide to pack up and move, keeping in line with the whole not being sure where we want to permanently settle down. I also own real estate in Canada which I currently rent out.

Anyhow, while looking into an having a TN and getting an EAD, I ran into visajourney.com, and read some very scarry accounts of TN visa holders getting their TN taken away when the border guard found out they were married. Before we got engaged, I actually called up USCIS and spoke with an officer who told me that as long as my intent was not to immigrate, then my getting married would not void my TN visa. From what the forums sound like, this is not the case.

To make matters even more interesting, my company wants to send me to China for 6 months in January. I would still be getting paid here in the states, but I could see how such a trip would raise questions from immigration officers that would lead to discovering that I'm now married.

What other options should I consider. An H1-B? I read that I should apply for an EAD and an Advance Parole for when I leave the country. Should I not leave the country? What is likely to happen if they ask if I'm married at the border (with my wife in the car next to me)?

Any thoughts and or advice would be greatly appreciated.

Right now your TN status is not valid, even though you were able to unintentionally obtain the status after you are married. If discovered it will be revoked as a TN status is non-immigrationary and being married is considered immigration intent.

Step one is to contact a lawyer immedialty and do not attempt to cross over any international border at this point. If caught you not only will have your TN status removed, but could be placed on a ban to enter the US. Another thing is to maybe contact a lawyer.

The usual steps for a TN status to get married is to apply for a new TN BEFORE getting married, then get married. Doing it after invalidates the TN, so any wrong move and boom, you are out of here.

First however, you may want to contact a lawyer and I suggest this because during the AOS application, I believe they want to know your current status. Mentioning the TN, they can trace when it was obtained and when your marriage was. This could open a very bad door. Right now filling out any Visa, Status etc forms can jeapordize you remaining in the US.

If the lawyer suggests it is ok to still apply for the AOS then you apply for and then if accepted you then wait for your EAD (to work) and your AP to leave the country until your Green Card interview and after getting a Green Card physically in your hand.

Sorry for being so scary, but these are the situations that people have been removed from the country and end up living on opposite borders from their spouse for long durations.

The other option is to leave the US and have your spouse file the proper paper work to immigrate you, this will mean living in your home country until that happens (which I'm not sure what the general time line is for that sort of thing)...

(Oh as a note with China, if you did go over there with the TN status and returned 6 months later and detained at the US immigration and found to be married, your TN would be revoked and you would be barred entry and sent back on the originating flight to China where you would then be stuck. So not a good idea)...

Edited September 17, 2009 by warlord

[justashooter 430]

lots of chinese people have immigrated to canada under student visas in the last 15 years, and can call themselves canadians after 2 years. it's the easiest way for a chinese to get to America, excepting K1 process. i meet them often through my wife, and it drives me nuts when they introduce themselves as canadians.

Edited September 17, 2009 by justashooter

[trailmix 77]

lots of chinese people have immigrated to canada under student visas in the last 15 years, and can call themselves canadians after 2 years. it's the easiest way for a chinese to get to America, excepting K1 process. i meet them often through my wife, and it drives me nuts when they introduce themselves as canadians.

What?? I don't see the relationship between coming to Canada as a student for 2 years and becoming a Canadian (makes zero sense) and being a Canadian also has nothing to do, in general, with immigrating to the U.S. - we follow the same procedures and visa applications as everyone else.

[justashooter 430]

lots of chinese people have immigrated to canada under student visas in the last 15 years, and can call themselves canadians after 2 years. it's the easiest way for a chinese to get to America, excepting K1 process. i meet them often through my wife, and it drives me nuts when they introduce themselves as canadians.

What?? I don't see the relationship between coming to Canada as a student for 2 years and becoming a Canadian (makes zero sense) and being a Canadian also has nothing to do, in general, with immigrating to the U.S. - we follow the same procedures and visa applications as everyone else.

try getting a TN visa by listing china PRC as country of citizenship. try getting in on VWP by listing china PRC as country of citizenship.