Working on a TN Visa and getting married.

[MSU_Beavers 0]

Ok, get this I called the Border Crossing and they said I would be able to get back into the US if I married an americal girl in Canada. All I need is a valid TN work visa. I called a different border crossing and they confirmed that I would be able to get back in the US.

I though forsure that I was screwed.

[LadyJane 1]

From experience, I can say that they have NO CLUE. We explained the situation to Officer X. They told my husband that he could come here, get married in the US, go back to Canada and apply for advance parole in addition to the I-130 (for a CR1). Then, the next time we called (to verify what border guard #1 said), they said "no you can't do that, there's no Officer X here".

...and I've heard stories that the border or USCIS will *just say* things to the potential immigrant to get them out of the country, only to turn them away when they try and return before they have an immigrant visa...thus forcing out-of-country immigration visa processing.

It's true that you do have a valid TN visa, right now. But, like jedinite said earlier, that pretty much goes out the window the moment you marry because it is a clear sign of immigrant intent.

You really did get the best advice from the VJers when we say "stay here in the US".

[jedinite 0]

Ok, get this I called the Border Crossing and they said I would be able to get back into the US if I married an americal girl in Canada. All I need is a valid TN work visa. I called a different border crossing and they confirmed that I would be able to get back in the US.

I though forsure that I was screwed.

Don't fall for it! Of course they can tell you to leave the country that there will be no problem but the very essence of the TN is a temporary visa. If you have no strong ties to Canada, like you said you have "moved" to the US to work, then it gives them even more reason to revoke your TN. In my case when I was trying to return I pleaded with the person that I had my car and most of my possessions in the States and he told me that was even more reason not to let me back down. If I wanted my possessions I could get my wife or a friend to bring my stuff to me at a land border crossing and I would be able to exchange items from there.

I digress, the point is, letting someone out of the country is no problem for Customs since once you leave the country you are no longer of their concern. Once you try to return is when it's their job to question you and stop you if you do not meet the rules. Legally, it states that TN Visa is for temporary workers only, if your status changes because you are married, it's assumed that you intend on immigrating and thus you will have to file for an adjustment of status as you disqualify yourself from the TN. It's much easier and quicker for you to file for an AOS in the US than it is to leave the US and then file your I-130. You basically get expedited if you are in the US on a valid visa and you are looking to do an adjustment of status. If you end up locked out of the country you will have to wait like the rest of us and I've been waiting in Canada now for 8 months, but it also took my wife and I 2 months to decide if we might make the move to Canada or remain in the US, so I didn't file my I-130 until Feb.

It's ultimately up to you how you would like to proceed and I completely understand with your wedding plans why you would want to try and return to Canada to fulfill your wedding. You will take a chance returning to Canada to get married and trying to return. If you are stopped there's a chance that you will forfeit your TN, so you have to really weigh the pros and cons of your situation. Us that have or are going through this process recommend that you stay State-side and file your AOS, I-130, etc, it will cause much more headaches and heartaches to not be allowed to return to the US for a year.

Edited July 1, 2008 by jedinite

[Moos 0]

I know I am a little late to this party...but I just saw this thread and just wanted to save another couple from the heartache my husband and I have gone through this past year. Jedinite and LadyJane are right on the money and I wish I had such advice last year.

My husband was in the US working on a TN VISA. We had been together for 4 years and got married without consulting VJ or any lawyers. We didn't do our homework ahead of time. Big mistake. Well...we too called the border and they told us he can certainly return to the US and he would have no problem traveling back and forth. Long story short - they stopped him at the border coming back into the US and said his marriage to a US citizen while on a TN visa showed intention to immigrate. Which is a no-no on a temp work visa. He failed to prove that he has enough substantial ties to Canada and was denied entry into the US until he had a green card. They fingerprinted him and took his picture. It was horrible and unexpected. We have had to hold done 2 households and travel back and forth and I would hate to see this happen to another couple. He lost his job and it really made for a challening first year of marriage. We are better for it and was determined to come out on top - but if I had to do it again :-) ...

VJ has ben far more helpful than any lawyer. Although, we do have a lawyer, we hired him prior to finding VJ and I am the one telling him what is going on. Hope you have had a sucessful outcome and if you continue with your plans, just know that having to go back to Canada until the Visa process is finished is a real possibility/ Good luck. Let us know how you make out!