Staying on TN after marrying US Citizen

T

Tyler Butel

New Member
Hi,

Here is my current situation:
  • Canadian citizen on TN status which is valid until Aug 2017.
  • Marrying a US citizen. Wedding is on June 4th, 2016.
  • Not sure when or if I will do AOS for Green Card
  • Would like to travel outside the US for honeymoon
  • Brother getting married in Canada on July 31st, 2016 and would like to go.
I've done a lot of reading on this forum and others and it's clear that someone with TN should NOT travel once an AOS has been submitted and they are waiting for the travel permit to arrive.

But, I've been struggling to find any detailed discussion on whether a TN can stay as a TN after getting married to a US citizen if, at the time, they have no real intent to immigrate through the AOS process.

Can I get married, stay on TN (ie. not submit AOS), travel outside the US and re-enter on my TN multiple times?

Thanks for the insight.
 
Yes, you can. But there may be an increased chance of being denied entry if they suspect immigrant intent (even you don't have such intent).
 
newacct is not correct.
Marrying a US citizen who resides in US is insurmountable evidence of immigration intent if one does not live outside US (which this poster does not) and will NOT be readmitted. Filing AOS is not required to trigger this, simply being married is sufficient.

He must NOT leave US from the date he marries until the time he gets his AP (I-131) approved, as well as get his EAD (I-765) approved to keep working.
As long as he stays in US , and has valid period of TN, he can still work.

So, no foreign wedding, no foreign honeymoon, and no foreign visits, for 2-3 months. Otherwise they will find themselves either shut out of the country and need to file for a Consular green card, and/or lose their right to work.

the correct process id to marry, file AOS (all forms) and stay put.

I would be delaying my wedding until after the brother.
 
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