Wife TD, marriage breakdown

tru3north

New Member
Needing input here please.

I'm on a TN visa (Canadian) thru 2017. My wife and stepkids are on TD. The marriage is on the rocks. While we still live under the same roof, we barely talk except during fights. She and the kids are not Canadian citizens. She does not want to return to her home country, the Philippines. Instead, she wants to go to her sister-in-law in Las Vegas (we live in Illinois). Her and the kids' I-539 (application for extension of their TD) are processing.

While I still love her and the kids and want us to stay together, the marriage seems to have no more chance of working. What will happen if she ends up in Vegas? Will we be deemed separated? If so, what action, if any, will USCIS take if they find out we are separated?

For all intents and purposes, are we separated now? If we are, does it render her TD visa invalid?
 
No, only offcial divorce would end the possibility of her getting TD. Of course, in future, if you refused to give her the required evidence that you are on TN, it would be difficult for her to renew her TD, both status and Visa.
There really is no requirement that a TD spouse/kids actually live with their TN husband/father. As long as they do nothing that violates their status (ie. work illegally), and keep their status current, they can remain in US as long as you have the valid work status.
Their I-539 application is is no jeopardy of being denied. It will be up to you if you want to cooperate with them in future.
 
Thanks, nelsona. Makes sense.

One thing else though: she has often complained - angrily - about her inability to work. She says her sister-in-law is promising she will find work for my wife. Under-the-table work, that is. I've vehemently opposed this, saying that it is a violation of her visa conditions and that she would jeopardize our status - hers, the kids' and maybe mine. According to my wife, the sister-in-law assures her she would not be caught. I said it so easy to get caught! Besides, the point is that it is illegal.
 
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Her actions cannot affect your TN, nor your children's TD's. Of course, if she gets kicked out of US, there will need to be a decision made by both of you as to where they will live.
 
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