Returning to the USA from Canada after wedding to USC

T

tomtom80

Registered Users (C)
Hi there,

I have a valid TN and am due to return to the USA in a couple of weeks. I will have been out of the USA for about 3 weeks, during which I married a USC.

I want to ensure that I have right approach when I fly back into the USA. I will be coming back alone.

What should say if the immigration people ask me what I have been doing for the past three weeks. I will only answer the questions they ask me.

I do not want to tell any lies, nor any half truths. But I am wary that when I divulge what I have been away getting married, they may conclude that I have, in effect, immigration intent and refuse entry. (I am assuming that the dual intent problem applies each time you cross the border, not just at the original application of the TN visa?)

Does anyone has good experience/thoughts on how to handle this? It's all quite annoying as I do not have immigration intent but that's not the issue as they are likely to see it!!

Thanks in advance...
 
From what I have come to understand, they will deny your entry at the border if they come to understand that you have been married. You should have married the USC in the US and then you could have filed for AoS and then you'd be ok. But, since you are in the situation you are.... you can simply just file for a K-3 petition. To know more about it - go to www.uscis.gov and look for k-3 visa info and ask questions here on this forum. Also, you should get the book that is listed in my signature... it will help you immensely.

Basically, I think you will have to wait anywhere from 3 - 9 months to get approval to come here and then go through all the immigration stuff.

Someone - correct me if I am wrong....
 
As you alluded, the only way for you to get back in is if the officer is sloppy/lazy and does not question you.

If you do get back in, you need to file for AOS (1-130/I-485/I-765/I-131) immediately, which will also be an admission of fraudulent entry (YOU HAD IMMIG INTENT), but a forgivable one, since you are adjusrting based on marriage.
 
Thanks very much for your responses...

Well, I guess the follow up question is how intensely do returning TN visa holders tend to get questioned by immigration officers? I'd be grateful if people who have been through it share their experiences.
 
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Didn't you guys think about this stuff before you got married? I see this time and time again.

If the officer feels you are trustworthy then you won't have any problems and they might just have you fill out a new I-94 and say go ahead. It depends where you pass through. I generally clear at Ottawa airport so they see TN's all day long and have never even questioned me.

If you go elsewhere then good luck. What happened when you got your original TN? How much did they question you then?

Why didn't you get a K visa first and get married in the US?
 
There have been several people that have been denied entry due to this reason and are now stuck in Canada filing and going through the K visa process now. You definatly should have done your research as you are now in a tough situation.

No clue on statistics as I don't think there is one. Some border officials are very keen on picking up clues and people who are hiding something, while others may not. So just be prepared of spending the next 6 months or longer residing in Canada while your spouse comes and visits you there from time to time.

Maybe I should have stated that as be prepared for that possibility at least. There is a chance you will make it through as well. All will depend on the border guard and how well they can pick up clues and read you...
 
There are 2 issues that will be faced, neither of which are favourable, if the officer finds out you are married

First entry into US at all after marriage is doubtful, since there is a process in place to address this (K Visa).

Even if you can somehow convince the officer to let you in, there is absolutely no way he will let you enter on TN, so your job is finished until you get an EAD.

Rule of thumb for all other fiance(e)s: If you're on TN and marrying a USC, with at least 4-6 months left on TN, marry in US, honeymoon in US, file your I-130/I-485/I-131/I-765 the monday after you marry, and stay put until you get EAD and AP.
 
tomtom80 said:
Thanks very much for your responses...

Well, I guess the follow up question is how intensely do returning TN visa holders tend to get questioned by immigration officers? I'd be grateful if people who have been through it share their experiences.
Click to expand...

The 'intesity' will be proportional to the length of time you were out of US, and the time remaining on your current TN. These factors increase the liklihood that you are nbo longer working on your TN. Proof of current employment is always useful (paystub, badge, etc).
 
I was once asked upon returning after a week if I had traveled to Canada with anyone at all (even though I was alone at the border). So you never know what they might ask you...
 
Tomtom80,
Stick to the following rules when dealing with ICE/CBP/USCIS:-
(1) Don't lie
(2) Don't volunteer information
Good luck!!!
 
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