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candian_tn

TN visa with divorce how to protect TN status

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Hi All

I am sure it is not related to this subject but I am hoping someone can help me out:

I am on TN visa and got married to US citizen. we filed for Green card but before getting even my EAD we decided to get divorce. I went for biometric though . Now my questions are:

1- is my TN visa status in danger? if i go out of the country and come back would they find out about my marriage?

2- what is the chance the border wouldnt notice if we remove the Adjustment status petition?

What should i do to keep my status or bring it back to normal?

It is highly appreciated your expereince and response.

Thank you

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A VisaJourney moderator (see below) has put your thread into the correct forum (Work Visas, here) for you to get meaningful replies. Welcome to VJ, incidentally! smile.png

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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~~~~Thread split from an unrelated and very old topic. Thread also moved to Work Visas , from K-3 Spouse Visa Process & Procedures As the focus is trying to keep the status of the TN Visa~~~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Hi All

I am sure it is not related to this subject but I am hoping someone can help me out:

I am on TN visa and got married to US citizen. we filed for Green card but before getting even my EAD we decided to get divorce. I went for biometric though . Now my questions are:

1- is my TN visa status in danger? if i go out of the country and come back would they find out about my marriage?

2- what is the chance the border wouldnt notice if we remove the Adjustment status petition?

What should i do to keep my status or bring it back to normal?

It is highly appreciated your expereince and response.

Thank you

It might be worth it to at least have a consultation with an immigration attorney. You may need to leave and re-enter to really be back in TN status. When trying to re-enter the U.S. on TN, the issue is not technically the marriage, but the AOS. The filing of the AOS shows that you have immigrant intent, which you’re not supposed to have when entering the U.S. on TN. It is possible for a border agent to find out you have or had an AOS application and I-130 petition pending. Also, if they ask you, you have to answer truthfully.

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Hi All

I am sure it is not related to this subject but I am hoping someone can help me out:

I am on TN visa and got married to US citizen. we filed for Green card but before getting even my EAD we decided to get divorce. I went for biometric though . Now my questions are:

1- is my TN visa status in danger? if i go out of the country and come back would they find out about my marriage?

2- what is the chance the border wouldnt notice if we remove the Adjustment status petition?

What should i do to keep my status or bring it back to normal?

It is highly appreciated your expereince and response.

Thank you

If your AOS is/was properly withdrawn, then you are still in Tn status until your status otherwise expires. Obviously you do risk a denial when trying to re-enter at a border crossing.

If you have not yet withdrawn your AOS, do so immediately. Include your receipt number and a#, and a letter stating that you wish to withdraw the application. I would state the reason for withdrawal and also state that you no longer have immigrant intent. Keep a copy of the letter and eventually you will get a response back from USCIS. Have both of those documents with you if/when you need to cross the border.

If you are going to cross the border, you should proceed as if there is a 100% chance that they will be aware that you previously filed the I-485. All that information is on record now. The main issue will be proving that you no longer have immigrant intent the next time you enter. Making sure the AOS is withdrawn correctly and having the documentation will help with that, althought there is no guarantee. They may want you to re-establish ties with Canada before they allow entry on the Tn again.


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