Canadian TN visa holder to marry US citizen in Jamaica...where do I start?!

[misst 0]

Hello all,

I am pretty new to this and think this is a great place to start! I have just recently gotten engaged to my BF of 5 yrs. I have had a TN Visa for about the same length of time. We are planning to have a destination wedding in Jamaica in 2010. I am concerned that once we are married and I try to enter in the country they can possibly deny me. But from all the postings I have read it sounds as if I really can't do too much until we are married. Am I correct? I figure we still have 1 1/2 till our wedding date I am hoping to do this all myself and eliminate any possible aywer fees. Any advice?? What to do next?

Thanks!

[payxibka 10,048]

Hello all,

I am pretty new to this and think this is a great place to start! I have just recently gotten engaged to my BF of 5 yrs. I have had a TN Visa for about the same length of time. We are planning to have a destination wedding in Jamaica in 2010. I am concerned that once we are married and I try to enter in the country they can possibly deny me. But from all the postings I have read it sounds as if I really can't do too much until we are married. Am I correct? I figure we still have 1 1/2 till our wedding date I am hoping to do this all myself and eliminate any possible aywer fees. Any advice?? What to do next?

Thanks!

Canadians enter much more easily than citizens of most other countries... However, entry denial can and has happened to your fellow country persons. If they suspect immigrant intent at any time, then you run the risk....

TN status has some similarities with the H-1B visa. However, because the TN status is adjudicated at the border, TN status can also be revoked at any time at the border (if a Canadian is re-entering the US), even if it is not up for renewal. Thus it is important to be sure that any application is perfectly airtight. But the most important difference is that TN status does not include the doctrine of dual intent. Therefore, Canadians or Mexicans on TN status must be careful if they desire to ultimately pursue the green card. Either they should first switch to the H-1B visa before applying for the green card, or they must carefully time things to ensure they do not attempt to renew TN status after the green card application is formally pending (generally meaning that I-485 package has been filed for TN holder; those pursuing consular process can renew until just before the interview appointment at an Immigrant Visa issuing US Consulate). TN status has become the better alternative recently for Canadian citizens, rather than trying for an H-1B visa which is most in demand.

from Wikipedia

Edited October 21, 2008 by payxibka

[Eric-Pris 1,609]

There are a couple of different options to do this the right way. One way would be to get married in Jamaica, then go back to Canada and file for a K-3 (spouse) visa. After it's approved you can move to the US legally. The other way would be to apply for a K-1 (fiance) visa and come to the US and get married. You would have to get married in the US (at least a civil ceremony). Then you can do a wedding in Jamaica later.

If you get married and try to enter the US on a TN visa, and they find out that you got married to a USC, you may get refused at the border because it looks like intent to immigrate to your husband. Even if they let you in, you may later get denied when adjusting status because it will look too much like you got married and then decided to come into the US under false pretenses. It seems risky doing it this way.

[misst 0]

Thanks for the advice!