Fiance visa & TN visa

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siumanhNew Member
Topic author
Posts: 2
Joined: 28 Oct 2008

Fiance visa & TN visa

Post Wed Oct 29, 2008 9:31 am

Hi,

My Fiance helped me to file the "Fiance visa" for me and I got the case number on hand.

At the same time, I may get a job offer from USA soon. I know that I can get a TN Visa for me to work in USA. However, I would like to know will there be any conflict?

In addition, I would like to know the detail process of the TN Visa. (can I get the TN Vis done in Toronto airport? Should I tell them that I am getting married and I got the fiance visa in progress? etc)

Thank you very much
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StevenCanuckAbroad VIP
Posts: 3635
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Post Wed Oct 29, 2008 10:10 am

TN-1 requires "bona fide non-immigrant intent" which clearly you don't have if you're planning on getting married to a US citizen. If you tell them you're getting married to an American I think it's unlikely they would let you in.

K-1 is technically a non-immigrant visa until you apply for AOS but I doubt any USCIS officer would be that charitable.
Steve.
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Post Wed Oct 29, 2008 3:53 pm

If you've already submitted the I-129F petition for the K1, and rec'd the NOA, if you were to then go apply for a TN, the interviewing officer would likely see the K1 petition in process during a routine check and would deny your TN.
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siumanhNew Member
Topic author
Posts: 2
Joined: 28 Oct 2008

Post Wed Oct 29, 2008 6:20 pm

Then what I should do now?
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Post Thu Oct 30, 2008 4:05 am

wait on the K1
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Canadian FianceNew Member
Posts: 1
Joined: 4 Jun 2009

Re: Fiance visa & TN visa

Post Tue Jun 09, 2009 2:30 pm

I'm in the same boat. I applied for a Fiance Visa to move to the U.S. and now we're waiting... and planning on getting married in Canada in August! I don't see it as a problem to have the celebration, ie. non-legal wedding, but then we need a plan for living together after we marry.
(Right now I live in Canada and he lives in U.S.).
People suggest the TN but I did not know about the clause that it's a conflict with immig. intent.

Other suggestions?
Thanks,
A Canadian Fiance
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Re: Fiance visa & TN visa

Post Tue Jun 09, 2009 3:18 pm

Except that legal officiants in Canada cannot perform a "non-legal" ceremony. And even some "non-legal" ceremonies have been determined by USCIS to in fact be a marriage ceremony, and then K1s have been denied. And then they have to start all over again with the spouse visa process, which will take another year or so. Plus however long it takes to actually get married.

If you're waiting on a K1, wait on the K1. DO NOT have any kind of marriage ceremony beforehand. Legal or not. If your family insists on doing something, have an engagement party BBQ or something, with no officiant or ceremony of any sort. Just "come meet the happy couple who unfortunately can't get married yet because they're waiting on US immigration paperwork".

If you are intending to immigrate to the US, then the TN is unfortunately NOT an option. You'll just have ot wait on the K1.
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