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Already married before got TN, now planning AOS

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  • Already married before got TN, now planning AOS

    Hi guys. I'm Canadian citizen on TN living in USA.
    I'm not asking the usual TN to GC via AOS questions.

    I've done extensive research and since AOS from TN to Green Card marriage based seems a well documented process (!) one detail has caught my attention.
    It seems the main thing people complain about is the non-immigrant intent of TN. I got my TN in June last year and am married for 2 years now to a USC (perfect timing for unconditional green card right!).
    The officer who gave my TN never asked for marriage or anything. Now that my USC spouse would file I-130 for me, and me I-485 and the other docs, is there any issue that we've been married 2 years, that is before I got my TN 7 months ago? Would they say now that I had immigrant intent, although it was never planned to go for GC later?
    Thanks! Don't want to waste money (guess the AOS is non-refundable right?).

  • #2
    Already married before got TN, now planning AOS

    Yes, whatever the outcome (denied/approved) of any application for an US Immigration benefit, the fee is non-refundable.

    Because you're now married to an USC you are now considered as an immediate relative of a USC, so this puts u into a class which would make an IV (Immigrant Visa) immediately available to u if your USC spouse files the form I-130 & u also file for an AOS using form I-485.

    As far as conditions of the other class of TN, that would have no effect in the adjudication of your form I-130 nor I-485, because there are separate regulations for them as well. You can even overstay your TN and that wouldn't have an effect on either of the above forms, because of the class u fall under the law. And you're right of you get your AOS approved, you would receive the regular GC that's valid for 10 yrs, since you've been married for at least 2 years.

    Hope the above helps. Good luck.

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