The TN Visa, albeit a nonimmigrant classification, offers its holders the potential to transition into a permanent resident status via marriage to a US citizen. However, this transition process, from a TN Visa to a Green Card through marriage, necessitates careful contemplation of timing and intent nuances prior to filing your petition with USCIS.
Understanding Nonimmigrant Intent and the TN Visa:
The TN Visa, categorized as a nonimmigrant visa, is aimed at individuals entering the United States temporarily, holding an intent to return to their native country post their employment duration. Thus, maintaining this nonimmigrant intent to depart the US upon employment termination is crucial for preserving the validity of the TN Visa.
Entering into a marriage with a US citizen as a TN Visa holder may signify immigrant intent, which could potentially complicate the process. Nevertheless, this does not hinder a TN Visa holder’s ability to marry. However, considering numerous factors is vital to circumvent possible allegations of fraud.
Transition from TN Visa to Green Card via Marriage:
A marriage to a US citizen provides the opportunity for an “adjustment of status,” enabling the TN visa holder to transition from a TN Visa to a green card, whilst remaining within the United States.
In order to initiate this process, the US citizen spouse must file a Form I-130 petition for a foreign relative with USCIS. Concurrently, the foreign spouse in the US under a valid TN Visa can submit Form I-485 for status adjustment.
Given that the TN Visa is recognized as a nonimmigrant visa, adherence to all pertinent immigration laws during this process is paramount. Because of the complexities involved, consulting an experienced immigration lawyer specializing in TN Visa to Green Card transitions is highly recommended when contemplating marriage to a US citizen while holding TN Visa status.
Additional Outside Resources
- USDOS: Visas for Canadian and Mexican NAFTA Professional Workers
- USCIS: I-485, Application to Register Permanent Residence or Adjust Status
- USCIS: I-130, Petition for Alien Relative
We Can Help!
Don’t know where to start? The TN Visa lawyers at Richards and Jurusik Immigration Law have hundreds of 5-star client reviews and decades of experience helping TN Visa applicants and holders, and we are able to advise both US citizens and foreign nationals about marriage while in TN Visa status. Contact us today for a case assessment so that we can address your concerns and help you determine the best course of action.
