Married on a work visa

[Bad choices 0]

As I previous stated I received a e2 visa to work in the USA about a year and a half ago , I met my now wife (us citzen ) one year ago and have been married for 3 months . I had no idea there were such comlacations . In the past year including since we have been married we have travel alot as I work on a 4week on 2 week of schedule and my company picks up the plane tics . Must have slipped under the radar . Well the company that I have worked for for years was sold to a us company witch makes my e2 visa invalid , they are applying for me to recieve a a tn visa . The research I have done leads me to beleave that my marriage would make me look I have imagerant intent. in truth we do not know where we will end up . We own houses in Canada and the USA . Currently I am in Canada waiting for my visa and she in the USA . I have traveled to see her a couple of times in the last month returning home after about a week to take care of business . She is pregnant (awesome) . I do not know what to do come clean when I travel to the border for my tn or wait and see if they bring up the marriage . I don't want to be apart from her and needing my job now more than ever I don't know what to do . I might be thinking from a Canadian point of view being able to travel to the usa at will , but it seem the whole process of waiting years to be together after marrage is crazy (includes Canada) What are we to do she can not move here now and recieve health care , I can not be there working . I think this is nuts we are ligetamly married and have kids(twins) on the way and it seem like the two governments policys are trying to keep us apart. Or at least make one of us illegal . Sorry not trying to be bitter but I am not sure what to do . What if I go and hopfully recieve a tn visa is that iligal if I do not bring up my American family . If I recieve a tn visa and do not try and change status is that ok . And would me going back to Canada every month not show them if they find out in the future that I have no intension of changing status . Please no judgement just scared of a young family being broke up because we were Nieve . Any comments would be apricieated . Thank you . I don't think I could have screwed this up any better if I tried lol .

[Teddy B 17,251]

As I previous stated I received a e2 visa to work in the USA about a year and a half ago , I met my now wife (us citzen ) one year ago and have been married for 3 months . I had no idea there were such comlacations . In the past year including since we have been married we have travel alot as I work on a 4week on 2 week of schedule and my company picks up the plane tics . Must have slipped under the radar . Well the company that I have worked for for years was sold to a us company witch makes my e2 visa invalid , they are applying for me to recieve a a tn visa . The research I have done leads me to beleave that my marriage would make me look I have imagerant intent. in truth we do not know where we will end up . We own houses in Canada and the USA . Currently I am in Canada waiting for my visa and she in the USA . I have traveled to see her a couple of times in the last month returning home after about a week to take care of business . She is pregnant (awesome) . I do not know what to do come clean when I travel to the border for my tn or wait and see if they bring up the marriage . I don't want to be apart from her and needing my job now more than ever I don't know what to do . I might be thinking from a Canadian point of view being able to travel to the usa at will , but it seem the whole process of waiting years to be together after marrage is crazy (includes Canada) What are we to do she can not move here now and recieve health care , I can not be there working . I think this is nuts we are ligetamly married and have kids(twins) on the way and it seem like the two governments policys are trying to keep us apart. Or at least make one of us illegal . Sorry not trying to be bitter but I am not sure what to do . What if I go and hopfully recieve a tn visa is that iligal if I do not bring up my American family . If I recieve a tn visa and do not try and change status is that ok . And would me going back to Canada every month not show them if they find out in the future that I have no intension of changing status . Please no judgement just scared of a young family being broke up because we were Nieve . Any comments would be apricieated . Thank you . I don't think I could have screwed this up any better if I tried lol .

Sounds like the two of you need to decide if you want to live in Canada or the states. If both of you work in the states, then that would probably be the obvious choice. Why not just file for a spousal visa and move to the states? I don't believe your TN visa will have any affect on this either way.

[warlord 72]

As I previous stated I received a e2 visa to work in the USA about a year and a half ago , I met my now wife (us citzen ) one year ago and have been married for 3 months . I had no idea there were such comlacations . In the past year including since we have been married we have travel alot as I work on a 4week on 2 week of schedule and my company picks up the plane tics . Must have slipped under the radar . Well the company that I have worked for for years was sold to a us company witch makes my e2 visa invalid , they are applying for me to recieve a a tn visa . The research I have done leads me to beleave that my marriage would make me look I have imagerant intent. in truth we do not know where we will end up . We own houses in Canada and the USA . Currently I am in Canada waiting for my visa and she in the USA . I have traveled to see her a couple of times in the last month returning home after about a week to take care of business . She is pregnant (awesome) . I do not know what to do come clean when I travel to the border for my tn or wait and see if they bring up the marriage . I don't want to be apart from her and needing my job now more than ever I don't know what to do . I might be thinking from a Canadian point of view being able to travel to the usa at will , but it seem the whole process of waiting years to be together after marrage is crazy (includes Canada) What are we to do she can not move here now and recieve health care , I can not be there working . I think this is nuts we are ligetamly married and have kids(twins) on the way and it seem like the two governments policys are trying to keep us apart. Or at least make one of us illegal . Sorry not trying to be bitter but I am not sure what to do . What if I go and hopfully recieve a tn visa is that iligal if I do not bring up my American family . If I recieve a tn visa and do not try and change status is that ok . And would me going back to Canada every month not show them if they find out in the future that I have no intension of changing status . Please no judgement just scared of a young family being broke up because we were Nieve . Any comments would be apricieated . Thank you . I don't think I could have screwed this up any better if I tried lol .

Being married to a USC will not allow you to get a TN status. As you mentioned it will be deemed as immigration intent and the TN status is only for temporary working status. Best bet was to remain in the US and file for the AOS right after being married. That way you could have continued to work on your previous visa or status you had until the EAD arrived from the AOS. Now that you have left the country, it's going to be a lot more difficult since your old visa is no longer valid and the TN will be out of the question, unless you somehow luck out and can hide the marriage factor from immigration and border patrol.

Sorry it's not much help, but the only options are for her to move to Canada (which I believe is much easier), or you to somehow get legally over into the US. Once you are in the US you are fine once you file the AOS. However it would mean that until you get that EAD your present employer will not be able to have you work until the EAD came though, so you may have to be out of work for a few months...

[Teddy B 17,251]

Being married to a USC will not allow you to get a TN status. As you mentioned it will be deemed as immigration intent and the TN status is only for temporary working status. Best bet was to remain in the US and file for the AOS right after being married. That way you could have continued to work on your previous visa or status you had until the EAD arrived from the AOS. Now that you have left the country, it's going to be a lot more difficult since your old visa is no longer valid and the TN will be out of the question, unless you somehow luck out and can hide the marriage factor from immigration and border patrol.

Sorry it's not much help, but the only options are for her to move to Canada (which I believe is much easier), or you to somehow get legally over into the US. Once you are in the US you are fine once you file the AOS. However it would mean that until you get that EAD your present employer will not be able to have you work until the EAD came though, so you may have to be out of work for a few months...

To the op, do not take this bad advice. If you get caught committing fraud, it could result in a lifetime ban from the US. It is more than likely by now that US Border Patrol has you on record as being married to a USC. You should file for a spousal visa.

[Bad choices 0]

To the op, do not take this bad advice. If you get caught committing fraud, it could result in a lifetime ban from the US. It is more than likely by now that US Border Patrol has you on record as being married to a USC. You should file for a spousal visa.

Thanks for the comments . Do you really think that if I go to the appointment for the tn and visa and they do not ask about the marriage I am committing fraud ? If they do ask I would tell the truth (always do) my biggest concern besides being separated for a year is medical . If I lose my job I understand I will have to get her privet medical insurance , and because she is pregnant it is considered a pre existing condition , talking to Canadian imagination I would be in the same boat until she receives status here . Am I wrong thinking I could not mention my marriage work under tn status to keep my medical insurance and once she has the kids return to Canada and file the right way . Thanks

[Teddy B 17,251]

Thanks for the comments . Do you really think that if I go to the appointment for the tn and visa and they do not ask about the marriage I am committing fraud ? If they do ask I would tell the truth (always do) my biggest concern besides being separated for a year is medical . If I lose my job I understand I will have to get her privet medical insurance , and because she is pregnant it is considered a pre existing condition , talking to Canadian imagination I would be in the same boat until she receives status here . Am I wrong thinking I could not mention my marriage work under tn status to keep my medical insurance and once she has the kids return to Canada and file the right way . Thanks

Are you planning on adjusting your status to be a US permanent resident and get your greencard so you can be with your family? If so, the fact that you are married will have to come out sooner or later, if they don't already know. Say you go to adjust your status 3 or 4 months after getting your TN visa, when you provide your marriage certificate with the wedding date on it, they will know that you got your TN visa without divulging the fact that you were already married to a USC, that will show that you had immigrant intent when getting your TN visa. That is grounds for denial and a lifetime ban. Is that the chance you want to take, especially with a baby on the way?

Your wife is a USC, if she cannot afford medical insurance, the birth of your baby will be covered by medicaid.

You should have adjusted your status while you were here on your other work visa.

[warlord 72]

To the op, do not take this bad advice. If you get caught committing fraud, it could result in a lifetime ban from the US. It is more than likely by now that US Border Patrol has you on record as being married to a USC. You should file for a spousal visa.

You need to read the context of the statement rather than thinking it was advice. The statement was saying the only way one could get into the US with a TN status and being married is if "you somehow luck out and can hide the marriage factor from immigration and border patrol". No one ever said this is advisable.

It goes along with the same things as people that do the same type of thing to get into the US as a visitor while married. People attempt it all the time, people get caught, others don't. In the current status, that would be the only possible way to get through and it's not saying it's a legal way at all.

And with the TN Status (remember it is not a visa, but a status). The only way to obtain a TN status while being married is to already be on the TN status before you got married and filed for AOS. The INS does have amnesty though for people once they are in the US, however, unless INS misses the fact you are married AND INS somehow doesn't ask or find out you are married, this would be about the only way that could ever happen and unlikely it would (and to state for the previous poster, yes it is illegal to do so).

The H1b visa would be an option, however, the cap has probably already been exceeded and there are a lot of timing issues with issuing one which has already probably passed.

I still suggest trying to bring your wife to Canada for now instead. This way after the baby is born, then you can go through the process eventually to move back to the US. This way you two are together, and you have a paying job without fear of being in a limbo period waiting for the EAD...

[Teddy B 17,251]

You need to read the context of the statement rather than thinking it was advice. The statement was saying the only way one could get into the US with a TN status and being married is if "you somehow luck out and can hide the marriage factor from immigration and border patrol". No one ever said this is advisable.

The context is there. People post here looking for advice, when you suggest that the posters only option to achieve his goal is to skirt around the law, you are advising him to do so. Granted it was not said directly, but it was definitely implied. Nor did you give the poster any advice of the consequences of him doing so.

[Bad choices 0]

I really appreciate your comments. Just to be clear I was on a e2 work visa , the company was sold to a American firm so my visa was not valid anymore. I understood when I did not work for this company or it was sold I had to leave the us .if I return it would have to be as tourist witch I have done twice saying visiting friends and family. This company has started the paper work for a tn visa for my self is why I left the USA . Plus I felt if I did not leave it would have made me look like I was after a green card thru marriage(fraud) . I just don't know witch way to turn because Canada's policy are just as involed as the usa's And both have us separated for a long pioriod, remember pregnant crossing the border kind of thing . That is why I was asking for your thoughts on just going for the tn visa hopefully not being asked about marriage , getting the visa , working and when it expires move to what ever country would have us together the fastest . I really don't care where we are living as long as we are together . That is my thinking when I imply I have no imagerant intent .thank you

[Teddy B 17,251]

I really appreciate your comments. Just to be clear I was on a e2 work visa , the company was sold to a American firm so my visa was not valid anymore. I understood when I did not work for this company or it was sold I had to leave the us .if I return it would have to be as tourist witch I have done twice saying visiting friends and family. This company has started the paper work for a tn visa for my self is why I left the USA . Plus I felt if I did not leave it would have made me look like I was after a green card thru marriage(fraud) . I just don't know witch way to turn because Canada's policy are just as involed as the usa's And both have us separated for a long pioriod, remember pregnant crossing the border kind of thing . That is why I was asking for your thoughts on just going for the tn visa hopefully not being asked about marriage , getting the visa , working and when it expires move to what ever country would have us together the fastest . I really don't care where we are living as long as we are together . That is my thinking when I imply I have no imagerant intent .thank you

You would have been better off if you had stayed in the states and adjusted your status rather than going back to Canada. People come here on work visas, fall in love, get married and adjust their status all the time. It is allowed and it is legal. It also wouldn't have mattered if your work visa had expired before you filed for AOS, any overstay would be forgiven when you marry a USC. Your problem now is that you have left the US after getting married to a USC. If you enter the states under any visa except a spousal visa and attempt to adjust your status, it will appear as though you had immigrant intent when you entered, that is not legal and has very serious consequences if that's what USCIS decides.

I personally would not lie to any immigration officials. They are trained to spot liars, and if they don't catch you now, the other scenario I mentioned in my previous post is very plausible.

[Bad choices 0]

You would have been better off if you had stayed in the states and adjusted your status rather than going back to Canada. People come here on work visas, fall in love, get married and adjust their status all the time. It is allowed and it is legal. It also wouldn't have mattered if your work visa had expired before you filed for AOS, any overstay would be forgiven when you marry a USC. Your problem now is that you have left the US after getting married to a USC. If you enter the states under any visa except a spousal visa and attempt to adjust your status, it will appear as though you had immigrant intent when you entered, that is not legal and has very serious consequences if that's what USCIS decides.

I personally would not lie to any immigration officials. They are trained to spot liars, and if they don't catch you now, the other scenario I mentioned in my previous post is very plausible.

Thanks for the info , stressfull , looks like I no matter witch way I turn Canada or the USA I will be separated from her for about a year . You know I have two engineering degrees ,thought I new everything and come to realize I know nothing about anything . Looks like I need a team of lawers to keep my new family together . Canada+USA+marriage=? Not being bitter but we just got married traveled and never new we were breaking any rules just wanted to live,love,and enjoy never thought we would be separated by any government .

[Marilyn. 340]

you can still visit each other during the visa process...

[Flames9_RN 358]

Thanks for the info , stressfull , looks like I no matter witch way I turn Canada or the USA I will be separated from her for about a year . You know I have two engineering degrees ,thought I new everything and come to realize I know nothing about anything . Looks like I need a team of lawers to keep my new family together . Canada+USA+marriage=? Not being bitter but we just got married traveled and never new we were breaking any rules just wanted to live,love,and enjoy never thought we would be separated by any government .

Don't worry, your just 1 of many that do the same thing!! I belive in ur case its easier for the American to immigrate to Canada as one can live together during the process...but don't quote me on that as I have nebver gone that route. Roadtocanada.com for more info

[Bad choices 0]

This is a little confusing . I flew into Pittsburgh today telling customs I was going to visit my pregnant wife and he said congratulations and let me thru. I went into the office they have at the Toronto airport to talk to customs about my problem. The officer told me it is 5o/50 weather I would recieve a tn visa (u can still recieve a tn if you can prove no imagrant intent)He said The fact that I have left going back to Canada so many times with out adjusting status helps . Is this true?, what I think I am going to do is try for the tn (no lying) see how that goes . If I get denied witch visa would be the essayist and fastest? (cr-1 or k3) also would it be a problem if I file for her to become a Canadian resident at the same time to cover myself both ways . Remember I do not care weather I am in the USA or Canada I just want us to be together. Just a note Canada is just as slow and complicated as the the USA

[Teddy B 17,251]

This is a little confusing . I flew into Pittsburgh today telling customs I was going to visit my pregnant wife and he said congratulations and let me thru. I went into the office they have at the Toronto airport to talk to customs about my problem. The officer told me it is 5o/50 weather I would recieve a tn visa (u can still recieve a tn if you can prove no imagrant intent)He said The fact that I have left going back to Canada so many times with out adjusting status helps . Is this true?, what I think I am going to do is try for the tn (no lying) see how that goes . If I get denied witch visa would be the essayist and fastest? (cr-1 or k3) also would it be a problem if I file for her to become a Canadian resident at the same time to cover myself both ways . Remember I do not care weather I am in the USA or Canada I just want us to be together. Just a note Canada is just as slow and complicated as the the USA

There is no rule that says your being married to a US citizen will automaticaly disqualify you from obtaining a TN visa, although I believe your chances diminish greatly, which is what a 50/50 chance would be. That's why I suggested a spousal visa in my first reply.

If you get denied on your TN visa for possible immigrant intent, then it's pretty much a given that you would also be denied any future entry on your visitor visa also. You would stand a much greater chance obtaining a CR-1 spousal visa and then getting your EAD work authorization. You can also travel back and forth while your CR-1 visa is pending. It will take longer and your employer probably won't be happy this way, but you will not be denied entry to see your wife and child. It's pretty much a gamble either way.

Sorry there is no easy answer for you.

Edited October 31, 2012 by Teddy B