What do you think? TN to Greencard via AOS...

Would love to hear thoughts/advice/experiences regarding TN to greencard. The situation would be as follows:


Canadian Citizen works in US for 9 years on different TN visas, switching companies every year or two, always staying in TN status and never having any immigrant intent. Canadian citizen has a baby in 2007 with a USC, but they do not marry and Canadian citizen continues to work on TN, planning to return to Canada to start his own business and is trying to save money to do so. Canadian citizen applies for and is granted TN in Jan 2010 with intent of going back to Canada permanently at the end of TN period. Canadian citizen changes mind a few months later when his American girlfriend becomes pregnant with his child (same mother as his 1st child) and decides to get married in Spring of 2010 (is true, proven, bonafide marriage with every possible type of documentation available to support this fact).

USC would petition for PR via AOS. USC does not work and will only list assets on Affidavit of support and no income (not enough assets to qualify, though) but has a family member willing to complete a verfiable and strong affidavit of support.

Thanks everyone in advance for your responses! In researching the Adjustment of Status option, there are so many different viewpoints. Some say that as long as immigrant intent was not present when the most recent TN was applied for and approved, there is not a problem. Others say that immigrant intent is forgiven for those that marry a USC and are in the US while keeping their status. Would love to hear thoughts/experiences/advice.

Thanks!

Once you marry a USC living in US, you have immig intent and cannot renew nor enter US on TN. Until then however, you are not immigrating, so are not in jeopardy 9as long as you do not flaunt your pre-marital/fiancee rlationship when crossing the border.

So, making sure you have severa lmonths of TN clock left, and will not need to leave the country, in quick succession marry/honeymoon; file I-130/I-485/I-765/I-131; wait for AP and EAD. ALL while remaining in US.

It does not necessarily signify immigrant intent once you marry a USC, such as agnelson has said. I have been on a TN for 2 years, married a USC 1.5 years ago and am pregnant. I cross the border with my husband with no hassles at all. If the border guards ask (and they never have), I would tell them that we plan to leave the U.S. once my TN is up (I plan to sponsor my husband to live in Canada). So my intent is not to immigrate. Just because you're married to a USC doesn't mean you intend to stay permanently.

Now, since your g/f is pregnant, your intent has changed. That happens, of course. Do the AOS - you shouldn't have a problem, however you won't be able to leave and re-enter the U.S. until you are granted the entry/exit parole - once you start the AOS process.

Good luck!

-- Sun May 09, 2010 3:19 pm --

Oh and p.s.: The border guards always ask if we are married, and we are always honest and say yes we are. There is nothing wrong with telling them you are engaged/married to a USC. I passed into the U.S. engaged/married and never a hassle. It's when you start lying you'll get yourself into trouble.

It does not necessarily signify immigrant intent once you marry a USC, such as agnelson has said.

Fiestagirl is incorrect. Marriage to a U.S. citizen living in the U.S. is explicitly indicating immigrant intent and attempting to enter or renew on a non-immigrant status such as TN is usually met with denial at the port of entry. Niagara Falls would be a classic example of this.

It is indeed suspicious that you have NEVER been asked about your situation.

And, in fact, it is not permited to be engaged and enter into US without a K visa -- that is what the K visa is for.

Who is driving when you cross. Do you even state you are TN?

of course I state I'm TN. I AM CORRECT. It also is permitted to be engaged and cross- we did it and always disclosed our relationship. You are the incorrect one. My intent is to return to Canada.

Where is Steven or lawsrlaws who give correct info?

Where is Steven or lawsrlaws who give correct info?

WOW!

I also said I would stop posting for obvious reasons but I had to rub my 2 pennies together for this one..LOL

I sometimes roll through the stop sign at my corner ,and never have been stopped by cops.

It doesn't make it legal, and it doesn't mean another person in my situation should follow what I do.


I don't doubt that you are crossing with your US resident husband. It is still viewed as immig intent, unless you can convince the border guard otherwise -- lawsrlaws would definite not be giving you the free pass you've gotten. You yourself said they have NEVER asked. It would be imprudent to base ones career on the laziness or inattention of a couple of CBPs.

I wish steven would post back as well. The important thing was to get people to stop posting gross mis-information, which has for the most part happened. I'll let others argue the case with regrds the improvement in postings and the decline of certain contributors.

There are much better websites tha tdeal with marriage-based GC (visajourney), TN (forums.immigration.com) and cross-border taxes (serbinski), and people should consult there INSTEAD of here. This is a travel website, nothing more.

Just can't leave obvious misstatements hanging out there like boogers, since people seem to latch on to those like gospel.


I notice you left Reba out of your lament. That's gotta hurt.

Thanks for all of the responses! Also, thanks AgNelson for the links to the other forums. I hope to hear from Lawsrlaws and Steven as well on the issue....

Steven, Lawsrlaws, and Sarniagirl have not posted for a very long time so the probability of receiving a response from them is very slim. However, there are some other capable bloggers on here if not outstanding.