TN visa and having a boyfriend in the US

S

Serena074

New Member
Hi folks,

I have one more TN visa related question that is specific to my situation. I am a Canadian citizen living in Canada, and my boyfriend is a US Permanent Resident living in the US. I would like to get US work experience and enhance my skillset in some of the leading companies in my field and am eligible for a TN visa, but am wondering if by applying for it I may cause more harm for our future.

My specific questions are:
  • We tentatively plan to get married one day and live in the US. Is it risky for me to go to the US on a TN visa? Even if it is a different city in the US than where my boyfriend lives?
  • When we get married, will it be difficult to adjust my status from a TN visa?
  • Ultimately, would it just be best to give up on the desire to grow in my field professionally in the US so that we can go through the fiance visa or family-based immigration in the future?
Thanks for your suggestions.
 
1. Unless he is a citizen, your marriage to him doesn't carry any benefits, such as being able to immigrate, so this has no impact on your TN.
2. You won't be able to adjust until he becomes a citizen.
3. Again, this won't be an option in any case until he becomes a citizen.

I guess you are getting the point that he needs to become a US citizen for him to benefit you immigration-wise. But in the meantime TN is fine.
 
Thanks a lot, nelsona. I am just worried that if and when the time comes for us to get married, and say he is already a citizen, my transition to green card will be denied because I entered US on a non-immigrant visa that is not a dual intent visa.
 
No. This is done all the time. When the time comes, just make sure you marry when you have at least 4-5 months left on your TN, and plan to stay in US from your wedding day (you will need to marry in US) until you get your EAD/AP.
 
nelsona said:
1. Unless he is a citizen, your marriage to him doesn't carry any benefits, such as being able to immigrate, so this has no impact on your TN.
2. You won't be able to adjust until he becomes a citizen.
3. Again, this won't be an option in any case until he becomes a citizen.
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Must disagree nelsona.

Permanent Residents can sponsor their spouses' applications to also become permanent residents.

The problem is that it has a lower priority / takes longer than Citizen sponsorship. Perhaps so long that it's not feasible for OP's situation.
 
grant2 said:
Must disagree nelsona.

Permanent Residents can sponsor their spouses' applications to also become permanent residents.

The problem is that it has a lower priority / takes longer than Citizen sponsorship. Perhaps so long that it's not feasible for OP's situation.
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If you arent a US Citizen. To put it bluntly

You”re not sponsoring anyone. Dont know where you got your info from. But you are wrong

USCIS. Gladly takes your $$ for any benefit you file for though. Only to tell you , you”re Denied/ not eligible.

No Refunds
 
Jbuff said:
If you arent a US Citizen. To put it bluntly

You”re not sponsoring anyone. Dont know where you got your info from. But you are wrong

USCIS. Gladly takes your $$ for any benefit you file for though. Only to tell you , you”re Denied/ not eligible.

No Refunds
Click to expand...
No. grant2 is right. Permanent residents can absolutely petition their spouses. It's in the F2A category which has a wait for visa numbers of 2 years, and you cannot do AOS in that category if out of status, so the person must maintain status until they can file AOS, or else do Consular Processing.
 
Indeed, an LPR can file an I-130 and wait a year or two perhaps to file AOS. However, an I-130 filed for a person with TN does NOT permit renewal or entry, unlike I-140, so immediately risks TN.
So it is impractical — though possible —for a TN to have GC process started by non-citizen spouse.
 
nelsona said:
1. Unless he is a citizen, your marriage to him doesn't carry any benefits, such as being able to immigrate, so this has no impact on your TN.
2. You won't be able to adjust until he becomes a citizen.
3. Again, this won't be an option in any case until he becomes a citizen.

I guess you are getting the point that he needs to become a US citizen for him to benefit you immigration-wise. But in the meantime TN is fine.
Click to expand...

If TN is refused, can you go to the U.S. as a tourist, get married to your US citizen boyfriend and stay in the U.S. even after you are out of status?
 
Cherryb said:
If TN is refused, can you go to the U.S. as a tourist, get married to your US citizen boyfriend and stay in the U.S. even after you are out of status?
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No, you shouldn’t be contemplating entering the US on a NIV with the mind of staying back while out of status. And you also shouldn’t be entering the US with a NIV with the mind of processing AOS. Yes you can enter the US on a NIV and get married and return back home while you process CR1.
 
Cherryb said:
If TN is refused, can you go to the U.S. as a tourist, get married to your US citizen boyfriend and stay in the U.S. even after you are out of status?
Click to expand...
No. Except the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen), people in other family-based categories (including spouses of permanent residents who are in the F2A category) are ineligible for Adjustment of Status in the US if they have ever been out of status. So you will not be able to adjust status even when a visa number becomes available. You would have to either leave the US to do Consular Processing abroad, which may trigger a ban depending on how much "unlawful presence" you have accrued, or wait years in the US illegally until your spouse naturalizes at which point you can do AOS.
 
Cherryb said:
If TN is refused, can you go to the U.S. as a tourist, get married to your US citizen boyfriend and stay in the U.S. even after you are out of status?
Click to expand...
No
Entering the US as a tourist to stay and adjust is at minimal, abuse/misuse of that visa.. and at worse, it's visa fraud.
 
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