Immigrant intent & Marriage to USC

[dnh]

I've enjoyed the dialogue so far and learned immensely - Thanks everyone.
I have a question about how immigrant intent is determined:

I'm on my first TN (now expired and w/f I-129 renewal). I recently got married - my wife is Dual Canadian / American and we're both from Canada living in the US.

I'm quite happy to stay on TN but I'm concerned about my TN status due to marriage to a USC. My question is

(a) is this de facto immigrant intent due to my marriage to a USC and residence here?
(b) is this assessed every time I cross into the US or only once a year when my TN extension or application is processed? Should I be worried about leaving the country at all?
​

I've been very hestitant to travel outside the US with my wife until I clear this up, although we're both right on the border. Thanks for any thoughts.

 

[nelsona]

(a) yes. The burden of proof now shifts to you to prove that you are not intending to get a green card while on your TN
(b) each time. all TNs are open for assesment each tim they cross for a number of reasons, including immig intent.

you shoud be worried, and thus should be taking quick steps to file I-130/I-485/i-765/I-131 --yesterday.

 

[dnh]

Thanks. As I feared.