TN -> Family-based Green Card

T

Travois

New Member
Hello all,

I have a question regarding transition from TN status to a green card through marriage. I am a Canadian citizen, and my girlfriend is an American citizen. I'm looking at my options for moving to the US, and the TN seems like the best option. We're only dating now, but if we happen to get married in the future, I'm concerned that the fact that we knew each other before I originally entered on the TN could cause problems. Is this a valid concern? Thanks for your insights.
 
Travois said:
I have a question regarding transition from TN status to a green card through marriage. I am a Canadian citizen, and my girlfriend is an American citizen. I'm looking at my options for moving to the US, and the TN seems like the best option. We're only dating now, but if we happen to get married in the future, I'm concerned that the fact that we knew each other before I originally entered on the TN could cause problems. Is this a valid concern? Thanks for your insights.
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It is of no concern. However, do not volunteer to the border guards that the 'real' reason for your move the US is to be with your girlfriend and then get married. Don't mention anything about girlfriends/ marriage. Stick to employment.
 
Thanks for the response. I have a follow-up question - is this something that could hinder the green card process? I'm concerned that this issue may come up in the interview and could be considered misrepresentation. Thanks again.
 
Travois said:
Thanks for the response. I have a follow-up question - is this something that could hinder the green card process? I'm concerned that this issue may come up in the interview and could be considered misrepresentation. Thanks again.
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No. Here is what you shouldn't say in the interview: "I wanted to move to the US so that I could marry my girlfriend and get a green card. The best way for me to do this was to first apply for a temporary TN visa even though I was intent on never leaving the US".

BUT there is no reason for you to say anything such as the above is there?
 
That's a good point. We're not planning on getting married anytime soon - we've barely spent a month together over the last year. It *could* happen, but there's no intent yet (although we would be living together while I'm there). It sounds like this isn't as big a deal as I'm making it out to be - I guess I'm just a bit paranoid about the whole thing. Thanks again.
 
You're lost man. As far as you're concerned with CIS, your girlfriend doesn't exist. Period.

You are moving there because you have a job offer period. Nobody cares about your love life and it's only going to get you in trouble.
 
Travois said:
It *could* happen, but there's no intent yet
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Exactly. Keyword "could".

I like these quotes:

“There is a great difference between wanting to stay and intending to stay and proof of a desire to stay is not proof of an intent to stay.”
Choy v. Barber, 279 F.2d 642, 645-46 (9th Cir. 1960)

"A desire to immigrate to the United States, should opportunity arise, is not inconsistent with nonimmigrant intent."
Brownell v. Carija, 254 F.2d 78, 80 (D.C. Cir. 1957)
 
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