Getting Married in US. Have some Questions

DumbCanuck
Junior Member



Joined: 01 Jun 2008
Posts: 11
Location: Montreal

Posted: Sun Jun 01, 2008 3:48 pm

 

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Okay, here is the situation. I stumble on this site and got extremely worried about my upcoming marriage.

I worked in the US from 2000-2007 on a TN visa and in June of 2007 moved back to Canada for a job opportunity. I met my girlfriend in 2000 we started dating in 2001 and I finally (her words) proposed to her at the end of Sept 2007. We have a wedding planned for August. We weren't/aren't sure where we are going to end up after the wedding. We were planning on living in Canada but my Fiance's boss got worried he would lose her and gave her an unexpected reason to stay ($$) at least for awhile. So I was talking to my Boss in Canada and he said I could work for the same company I am working for now but in the US. I took a special trip to a POE and talked to a couple of CBP officers and they told me the same thing. Apply for a TN and then if you plan to stay in the US for the long term just apply for an Adjustment of Status.

But now I am worried about what I read on here.

1. Can I apply for a TN visa if there is a fairly decent chance I will try to immigrate in the future? What is this dual intent thing?

2. Our wedding is already planned for 8/16/2008. If I apply for a TN and get denied entry there go the wedding plans (a lot of people are traveling a long way to attend). Is that a possibility?

3. Is there a possibility I will not be allowed across the border for my wedding if I am still living and working in Canada. (this would be the worse case)?

I am the dumb canuck who obviously who is badly prepared for this whole cross border marriage thing. I wished I had done more research earlier.

Thanks

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1139
Location: North Carolina

Posted: Mon Jun 02, 2008 3:02 am

 

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If the company you work for in Canada is transfering you to the US, why not get a L1 visa instead of the TN? Its an intra-company transfer.

Yes, it is possible to be denied entry if you are going to the US to get married. The difficulty is trying to prove to the US border officials that you are doing so legally, and won't be staying there either without proper visa, or at all, depending on your situation. It is not illegal to go to the US to get married. It is however illegal to plan ahead to go to the US on a tourist visa, get married and stay. If you have a proper visa, or don't plan to stay and can prove it, you should be ok.

Dual intent means that the visa issued is considered a non-immigrant visa with option to adjust status to permanent resident. Technically speaking, a TN is not dual intent. I think an L1 is though, but I don't know for sure, you might want to look it up.
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DumbCanuck
Junior Member



Joined: 01 Jun 2008
Posts: 11
Location: Montreal

Posted: Mon Jun 02, 2008 3:32 am

 

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Reba,

Thanks I am going to post a new question about the L1 visa. The company is willing to transfer me so hopefully this will work out.

Thanks

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