TN married to a US citizen (but we have a child together)

T

teedot

Registered Users (C)
Hi everyone,

I have recently married a US citizen and I just renewed my TN visa. We are planning on filing the I-130/485/765, but the problem is we have a child together who is now 8 months old.

My question is, how likely is it that my AOS will be denied since we had a child together before I recieved my current TN? I am concerned that USCIS will feel that I had immigration intent at the time of entry to the US on my current TN.

Please advise. Thanks for reading.
 
I am not an expert but I think USCIS will not have any problems with that.
To the contrary your marriage looks solid and they rather look for those which seem "for GC only".
 
The child is absolutely not an issue. The entry you made as a TN, while you were already married was up to the agent to catch.

Since your I-485 is marriage based, there will be no issue of fraudulent entry. And even if there was, it is forgiven in marriage case (and usually in employment cases too).
 
Last edited by a moderator:
teedot said:
My question is, how likely is it that my AOS will be denied since we had a child together before I recieved my current TN? I am concerned that USCIS will feel that I had immigration intent at the time of entry to the US on my current TN.
Click to expand...

The mere fact that you were married to a US citizen (or had a child with one) does not make your entry in a non-immigrant status fraudulent.
 
TheRealCanadian said:
The mere fact that you were married to a US citizen (or had a child with one) does not make your entry in a non-immigrant status fraudulent.
Click to expand...

I would not dismiss the worry about fraud out of hand. The existence of a child is not troublesome, of course. Nor is the actual entry as a person married to a US citizen living in US (unless the officer asked this question).

However, the filing of an AOS immediately or soon after such an entry indeed can make the entry fraudulent. The worry then becomes that, since status would be revoked, there would be no basis for filing I-485, since there would be no status to adjust from. The cutoff would seem to be 45-90 days.

As I said however, such lapses are almost always forgiven in family-based AOS cases like this one. If this was an Employment-Based AOS (as most on this site would be pursuing), then this would be a concern.

Again, not the entry itself, but the filing after the entry.
 
nelsona and TheRealCanadian,

Thanks for your replies. To clarify, when I entered into the US on my TN on 8/19/2007, I was not yet married. We got married about 2 weeks afterwards.

I have read some posts that say that one should wait 30-90 days after a TN to get married....so as to not show "immigrant intent". What are your thoughts about this 30-90 day "rule"?

I just hope that USCIS will be as understanding as you say about my situation. I plan to file my I-130/131/485/765 in a few days.
 
I gave you my thoughts on this. Entering US on TN (whether marrried yet or not) and then filing AOS within 2 months is grounds for investigation, with the consequences I outlined above.

Forget about the marriage, and the child, I repaet , the issue is filing for AOS so close after entry on TN.

If you are that worried, wait to file in November. In your situation I would have filed the Monday after the wedding, and taken my chances. Its bad enougn having to wait in US while they process your AP, I wouln't want to extend this longer than necessary.
 
Last edited by a moderator:
You must log in or register to reply here.
Top