Consular processing vs AOS for family in Canada

[Falaj23]

Hi all,
This is my first time posting. I have read numerous posts in the last week as I am in the process of embarking on the TN journey to the USA. I have the following questions pertaining to my situation.

My employer, has offered me position and would like me to join within the next month on a TN status with the written reassurance that in 3-4 months they will begin processing the GC ( i.e PERM to I-140). Myself and family are all Canadian citizens.
My teen daughters are going to school in Canada and my wife has full-time employment in Canada. The location of the position is in a small town with few resources including good public school options and under a TD visa my wife will not be able to work in the US. Therefore, my family is planning to stay back in Canada and not obtain a TD status.

Assuming my I-140 is approved, I can apply for AOS + EAD + AP for myself.

What are the available options for them to apply for the GC as "derivatives" ?

It makes little sense for my wife to resign from her position in Canada and be in the US waiting for EAD. It seems counselor processing is the way to go, but does this mean they will wait a decade before they are granted an appointment at the consulate or embassy ? I am not clear how this process will work where I will file AOS while my family remains outside of US. What are the pros and cons of this ?

Thank you in advance.

 

[newacct]

If you, the principal beneficiary, do AOS, and the derivative beneficiaries do CP, how it works is that you would file I-824, either with your I-485, or after your I-485 is approved, which tells USCIS that, once your AOS is approved (and you get your green card), to send your petition to NVC for your derivative beneficiaries to do CP. So basically, their CP process can only start after you get your green card.

 

[SusieQQQ]

It seems counselor processing is the way to go, but does this mean they will wait a decade before they are granted an appointment at the consulate or embassy

No. If you as principal are eligible for a green card then so are they as your derivatives. The only waits involved will be for processing (i824, visa scheduling etc). Montreal historically has quite a backlog for interviews but that should be months, not years.

 

[rocro]

Hi,

I have a similar situation and am hoping for some guidance.

I have a TN with my current employer valid till 2023. My employer has filed my PERM(EB3-ROW) and once approved will file my I-140. Since I am on TN and reading the various post (CP VS AOS), I would most likely choose CP (Montreal - Canada). My wife has a full time job in Canada and its not wise for her to move to the US on TD status.

I travel daily across the US-Canada border on the TN since my house is approx an hour from my work place. The question is once the I-140 is filed even though I would have chosen CP, will CBP find me ineligible for entry basis Intent. I have read all the blogs and I know intent kicks in on I-485 and AOS and basically CP is the way out to tackle dual intent but at the end of the day its all discretion and the CBP officer needs to decide that. What would you folks suggest.

1) Is the daily travel recommended once 140 is filed. That is the only reason I would choose CP over AOS
2) Or should I stay in the US once 140 is filed.

The issue with AOS i read is there needs to be a good reason for choosing AOS (90 day rule after last entry) to be adjudicated by USCIS. There is still a chance they can reject the Adjustment by kicking the dual intent and misrepresentation at entry.