Legal Question in Immigration Law in Colorado

TN marrying a Green Card holder

I am a Canadian citizen and working in US with a TN visa. My fiancee has a Green Card in US and we are going to get married. He got his green card through employment and he has it for two years. I heard I could apply for my Green Card from marrying my fiancee but it takes many years. And also we may move to Canada after a few years. But for now we want to be here for a couple of years because our jobs and other plans. Once we are married, can I still renew my TN visa?

Thanks


Asked on 8/14/03, 3:34 pm

3 Answers from Attorneys
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Re: TN marrying a Green Card holder

Requirements for Canadians wishing to renew their "TN" status are not the same. Applications for extension of stay are processed by the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS). Canadian citizens have two options. First, they may have their employer file an I-129 form at the closest regional BCIS office. This option does not require leaving the U.S. Second, Canadians may return to Canada to re-apply at the port of entry with the same documentation that is required for an original application.

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Answered on 8/15/03, 11:44 pm
Myron Morales Lee Lane Smith LLP

Re: TN marrying a Green Card holder

An issue as to your intent may arise if you marry someone who has immigrant intent, that is, an intent to remain permanently in the United States. The TN is a nonimmigrant visa, meaning that you intend to remain only temporarily. You can continue to renew your TN, but be aware that this issue may arise and could result in a denial. It is also possible to go ahead and file for permanent residency since you do intend to remain permananetly for the next couple of years.

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Answered on 8/15/03, 11:02 am
Eric Fisher Law Office of Eric A. Fisher. LLC

Re: TN marrying a Green Card holder

Immigration is a very complex field of law. I cannot provide an opinion on your situation without knowing more about you and your fiance. If you would like to make an appointment, please call 970-668-1949.

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Answered on 8/14/03, 4:49 pm


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