TN Status .... and getting married

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EsanbornNew Member
Topic author
Posts: 1
Joined: 2 Aug 2007
Location: Victoria, BC

TN Status .... and getting married

Post Thu Aug 02, 2007 6:19 pm

I'll start by appologizing if this has been addressed elsewhere already.

I am a Canadian citizen, currently living and employed in Canada (BC), my fiance is an American citizen, currently living and employed in the US (WA).

I am a qualified accountant (CGA) and know that my education / work experience meets the TN status requirements and given an appropriate job offer letter I could apply at the border with all my documentation and the fee.

Our ideal plan would be for me to be able to come down and work on TN status and then initiate the K-1 visa process. I can't say for sure that I intend on remaining in the US forever, I have good job connections here as well as friends and family. My fiance is beginning his career as a financial planner and asked for an opportunity to do this in Washington, where he has connections and family support. We may end up wanting to live in Canada at some point, but I can't prove that I don't have intentions to immigrate at this time.

My question is, would the job offer letter, specifying that the job was temporary be enough evidence? Or would I be questioned on my intention because we are engaged?

Also, if my application was denied would I then have troubles with the K-1 process? Would I have problems crossing the border?

We travel back and forth almost every weekend as it is.

Thanks in advance.

Emily
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Post Fri Aug 03, 2007 5:19 am

Petitions for K1 fiance(e) visas are for beneficiaries who Do Not currently live in the US. If you're in the US on a TN visa, you wouldn't be eligible for the K1. They would know if you're already in the States on another visa.

You may have problems with a TN visa application if your intention is to immigrate just to be with your boyfriend. Using any visa for other than its legal purpose is frowned upon by USCIS, and may or may not cause you some problems immediately or down the road. However, the TN *is* eligible for adjustment of status should the person's company wish to sponsor them for a green card, of if they should get married to a US citizen.

Adjusting status from a TN though is a whole 'nother kettle o' fish that I know nothing about, so I suggest you check out some other immigration based websites for more information. Check out http://www.visajourney.com for information on marriage based immigration and http://www.tnvisaexpert.com/ for information on TN visas. (I haven't looked through the whole TN Visa Expert site, so I don't know what the info there is like. I only have the link because they contacted me the other day, and one of them posts here sometimes).
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TNVisaExpertModerator
Posts: 168
Joined: 2 Apr 2007
Location: San Diego, California

Post Fri Aug 10, 2007 10:01 am

Hi, did you get the help you required from the website?

I do not want to make a plug for our services on the forum - but we are here to help. Since you've posted your question and it is serious enough that you may cause problems for yourself - this is how you can quickly determine your best course of action:

Contact a lawyer from the TN Visa Expert Lawyer Network. They offer a very affordable Phone Consultation so you can determine how to proceed. Currently priced at $65USD, it's a 20min call and you will be very clear on your best course of action of how to work in the U.S., get married -- to have it all :)

It'll cost you a lot more if you have immigration problems and that's not worth it.

AReba (moderator), please remove this post if you find it unjustified - my intention, like our mission, is to help Canadians easily and affordably live in the U.S.

Thanks.
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