This video is prompted by our clients, that have asked this question on a frequent basis. Back to the question. If you entered the United States on a TN visa, are you able to marry your U.S. significant other, and obtain a green card? This question poses a lot of concerns to those, who have entered the United States on a TN visa.
For the simple fact that, a TN visa is considered a non-immigrant visa. What is a non-immigrant visa? A non-immigrant visa is a visa, that has the intent of coming to the United States for a single purpose. That would be to work, to visit, to go to school; but does not carry along with it, the intent to stay permanently, or an immigrant visa. So, going from a TN visa to a green card, can create the perception that, upon entry to the United States, that you could’ve committed fraud. Because your intent was to work, but now you’re filing for a green card through, marriage to a U.S. citizen. So that intent is very, very critical, when you’re dealing with these types of applications. However intent can change, intent is not permanent. Just because you entered today as a worker on a TN visa, doesn’t mean that six months from now, you can’t change your intent to stay permanently, based on marriage to a U.S. citizen.
However, when you’re dealing with these situations, the timing is critical. You need to make sure that, things are filed in the correct manner, that you follow the proper regulations; as long as this is done, you can go from a TN visa to a green card through marriage, to a U.S. citizen. And, I can’t overemphasize that enough. You need to make sure that, you deal with the intent issue and timing issues; so that, when you filed this paperwork, it is done correctly, correct manner, correct timing. If it’s done that way; yes, your intent can change, you can go from a non-immigrant to an immigrant through marriage, to a U.S. citizen.
Hopefully this answered your questions about going from a TN visa to a green card through marriage, to a U.S. citizen.