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amygirl

Canadian on TN Visa Marrying US Citizen

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Filed: TN Visa Country: Canada
Timeline

Hey! I'm a registered nurse in Hawaii on a 3 year TN visa. From what I've read, after I'm married I can apply for the AOS to apply for a green card. Do I have to get married in the US? I would way rather get married in Canada, but from what I've read I run the risk of not being allowed back into the country and my visa being void. I've come back and forth between countries a couple times now and they haven't asked me any personal questions, so why would they suspect I was going home to get married in Canada this time? Is the risk just not worth it? Any advice or other help would be amazing!

Edited by amygirl

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Filed: Timeline

Hey! I'm a registered nurse in Hawaii on a 3 year TN visa. From what I've read, after I'm married I can apply for the AOS to apply for a green card. Do I have to get married in the US? I would way rather get married in Canada, but from what I've read I run the risk of not being allowed back into the country and my visa being void. I've come back and forth between countries a couple times now and they haven't asked me any personal questions, so why would they suspect I was going home to get married in Canada this time? Is the risk just not worth it? Any advice or other help would be amazing!

You can't enter the U.S. on a TN visa with the intent to immigrate, which is why it's far safer to get married in the U.S. and adjust status before going to Canada. Even if you were allowed back in the U.S. after the marriage, questions might arise during the adjustment process about whether you had immigrant intent when you came back from the trip. Plus, if border protection asks you if you have an intent to immigrate while you're re-entering, you will have to disclose that you intend to adjust status and likely be barred.

One alternative is to get legally married now and submit the application to adjust status and an application for advance parole and employment authorization. Once you have advance parole, you could travel to Canada for any kind of ceremony you want and not have to worry about immigration problems.

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Filed: Citizen (apr) Country: Canada
Timeline

Play it safe, get married in the US

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: Citizen (apr) Country: Canada
Timeline

CBP policy is to assume, unless there is absolutely ridiculously compelling evidence to the contrary, that any foreigner with an American spouse is an intending immigrant. Having an American spouse is apparently the number one cause of TN renewal and reentry denials. If they know, or even have strong reason to suspect that you have a US spouse, you will find it virtually impossible to overcome their presupposition of immigrant intent, and you will find yourself stuck in Canada for 8-10 months until you can get a spousal visa.

Don't risk it. Marry in the US, and do not leave the US until you have a green card [or at least an advance parole document] in your hand.

At this point it is actually playing with fire to leave the US for any reason, since you, at this point, intend to stay in the US and adjust status, and will be continuing to have that intent when and if you try to reenter the US between now and your marriage. I would tend to consider your TN visa unusable once you have formed the intent to marry an American citizen.

Edited by HeatDeath

DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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