Canadian on TN Visa Marrying US Citizen

[amygirl 0]

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 May 6, 2012 by amygirl

[grrrrreat 109]

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.

[canadian_wife 1,791]

Play it safe, get married in the US

Good luck

[jaycali 415]

Grrrrrreat pretty much summed it up.

[HeatDeath 430]

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 May 6, 2012 by HeatDeath

[Ryan H 3,790]

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