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Subject: Re: TN Status and Marriage - NonImmigrant Posted on: Sun, 21 Jun 2009 11:52:09 -0800

Amanda Martyn wrote:

> Hello,
>
> I am in the US on a TN Status and have just married a US Citizen. I
> have no intention to stay in the US after my current TN expires (we
> are applying for him to become a permanent resident of Canada, in
> fact). But I'm worried that if I leave the country in the meantime
> I'll not be allowed back in, since marrying a US citizen could see to
> go against the "nonimmigrant intent" part of a TN. Do I need to
> inform anyone of a change of status to stay legal? Has my status even
> changed?
>
> Any advice or insight would be really appreciated.

Marrying a US citizen doesn't necessarily show immigrant intent (in
fact in your case it's the opposite as you do have immigrant intent,
just in the other direction).

I don't think you need to notify anyone, but you do need to be aware
that the admitting officer can decide whatever he wants, so you have to
convince him.

I would bring a copy of whatever paperwork you filed in Canada for you
husband with you to the border, I would think that should be convincing
for non-immigrant intent.

Of course if you do leave, you're going to face the possibility of
getting an officer that, for whatever reason, doesn't believe you when
you attempt to return. You'll have to decide for yourself whether that
risk, however small, is worth taking.

--
J. Moreno
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