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TN visa Mariage How long Help

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  • TN visa Mariage How long Help

    Hello Everyone,
    my situation is very different than others and I don’t find any response of my questions. I need your help please.

    I used to leave in Spain and I got married to a US citizen spouse 6 years ago. After few years we got divorced and I just got my 10 years green card a month ago. But in this minetime I returned to Spain because I did not know if I was going to have my 10 years green card as I only had my 2 years conditional green card when I divorced my ex husband so I was doing back and forth. This is when I met a man that I fell in love and We married 5 month ago (so before having my 10 years green card) who is both Spain and Canadian citizen. He was visiting at the beginning then when we got married we started living in Spain ( so 5 month only he is back to spain).

    Now as I got my 10 years green card, I would like to know my options.

    As a green card holder, and he also have a canadian passport, can he ask for TN then I should sponsor him as my husband once he is on the US land ? Or Should I sponsor him and wait for him to come to Us after the approval.

    I would like to live with him as fast as we can and not be separate from him for a long period of time.

    What is the best option please ?

    Thx


  • #2
    He can try to work on TN, but TN is not dual-intent. There is a risk they could deny him entry if they suspect he will immigrate while he is on TN, especially since his wife is a permanent resident. Him entering on TN after you petition him will be even more likely to result in denial of entry.

    Also note that there is a provision that if you yourself immigrated via a spouse petition, you cannot, as a permanent resident, petition another spouse to immigrate whom you married within 5 years of you getting permanent residency, unless you show by "clear and convincing evidence" that your previous marriage was not fraudulent. This is a higher standard than you needed to show when you first immigrated as a spouse, and could be an obstacle. This provision no longer applies after you become a citizen, but you might still be a ways away from that.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      I don't think your 10-yr green card is valid. How did you obtain it if you were out of the country?

      Did you divorce before you filed to remove the restrictions on your green card? You should be very careful, you risk some pretty serious allegations and consequences based on the facts you provided. Get a lawyer.

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