TN Status, want to marry Korean national in US

eeyew
New Member


TN Visa holder

Joined: 08 Feb 2008
Posts: 6
Location: Farmington, MI

Posted: Fri Feb 08, 2008 11:31 am

 

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I have a few questions involving marrying a Korean national in the US. Is it possible, as a Canadian citizen, to get married in the US? I currently have a TN status as an engineer and she has the F1 Student visa.
If it's not possible, I'd like to get married in Ontario and try to bring her over to the US on a TD visa. The problem is that she already went through a status change from a tourist visa to a student visa. Would changing visas to a TD visa be more difficult? What would some of steps I need to take.

Thanks,
Eric

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Christopher G. Rizzo, Esq
CanuckAbroad VIP



Joined: 17 Oct 2007
Posts: 284
Location: Red Bank, NJ USA

Posted: Fri Feb 08, 2008 12:00 pm

 

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This depends on her last entry. Did she intend at the time entry to marry you and file for adjustment of status?

When did she last enter the U.S?
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Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com

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eeyew
New Member


TN Visa holder

Joined: 08 Feb 2008
Posts: 6
Location: Farmington, MI

Posted: Fri Feb 08, 2008 12:09 pm

 

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When she entered the US, she was just intending to visit for a short time and return to Korea. She decided after about 4 months of being here that she wanted to study here so she started the process of changing to a student visa. She was still within the time window of her tourist visa when she applied for the status change and subsequently stayed while they made a decision on her status. She received that status change in December.Her visa expired in October.

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1487
Location: North Carolina

Posted: Sat Feb 09, 2008 7:42 am

 

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I think (I'm sure someone will correct me if I'm wrong) that she would first have to have some sort of legal status in Canada before she could apply for TD status to the US. AFAIK, TD is derivative status to Canadian citizens and legal permanent residents only.
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Christopher G. Rizzo, Esq
CanuckAbroad VIP



Joined: 17 Oct 2007
Posts: 284
Location: Red Bank, NJ USA

Posted: Sun Feb 10, 2008 7:10 am

 

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No the beneficiary doesn't need to be a Canadian landed immigrant.
_________________
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com

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eeyew
New Member


TN Visa holder

Joined: 08 Feb 2008
Posts: 6
Location: Farmington, MI

Posted: Wed Feb 13, 2008 10:43 am

 

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She is currently in the US under a student visa change and the last time she left the US was back at the end of June. She decided to change her status much later than her trip out of the US and at the time of re-entry she was still planning on returning to Korea. So is is possible for us to be married in the US or no? Is the best course of action just to get married in Canada and get the TD status for her or to remain in Canada and get her permanent resident status?

Thanks for any help.

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Sat Feb 16, 2008 11:20 pm

 

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She can get TD if she's married to a Canadian.

However, all I can say is I knew a Venezuelan who got married to someone from the UK when I lived in Florida and I don't recommend a situation where both of you only have some sort of temporary status that doesn't lead to citizenship.

The reason why is that you might get along really well living in Farmington, but if you lose your job and have to move back to Canada then she's going to be a difficult position.

The couple I knew ended up with the girl getting pregnant and deciding she'd better move back to Venezuela, and the husband didn't want to live there and she didn't want to move to the UK and they couldn't stay in the US either.

Not a pleasant situation.

Plus I've seen situations were people get married to other people in status so they get to stay - and they kid themselves that's not the reason they're doing it, but when the day comes they have to move back to country X with their spouse, reality hits.

I'd say at least get her PR status in Canada (she won't lose it if she stays married to a Canadian and you move back to the US).
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Steve.

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eeyew
New Member


TN Visa holder

Joined: 08 Feb 2008
Posts: 6
Location: Farmington, MI

Posted: Tue Feb 19, 2008 6:09 pm

 

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Thanks for your help. What needs to be done for me to get her PR status in Canada. I work in Detroit, so living in Windsor is an option that is readily available to me.

Thanks.

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