Applying for TN after married to green card holder

[tdi2005t]

My wife is a Canadian studying here, I'm a GC holder, got stuck in name check for citizenship, didn't filed immigration petition cause it would take 6-7 years.

My question: Would she be able to apply for TN at the port of entry?
I've heard TN requires non-immigrant intention.

I appreciate any answer from good helper.

 

[nelsona]

As long as she doesn't file for GC (neither I-130 nor I-485, she *should* be fine, however, she will be at risk every time she crosses the border, and certainly every time she files for TN -- especially at the border.

I would wait til you are a citizen before submitting i-130/I-485, timing it so that she can stay in US while waiting for EAD/AP.

Wonderful prospect that once I will get my GC after 7+ years, and then 5 years after that I will be stuck in name check again.

Your case illustrates how stupid name check is. If indeed you are a criminal, why will it have taken so long to figure out and kick you out. And why did they not uncover this when you got your GC?

Incredible.

 

[warlord]

Just to add, if they find out she's married to a GC holder then that's when the questions will really start. Since in their eyes, she might have immigration intent.

I'd play it safe and just tell her when getting her TN and other border crossing times, to not wear a wedding ring or divulge anything about your marriage if possible...

 

[nelsona]

warlord is correct. legally, you wife does not have immig intent, but the border guys care little about legalities, it's all about impression and power.

I would be much more comfortable with your wife having an H1, but these days that is a rare commodity. She should be bringing this idea up with her employer (wish you had come here about 5 weeks ago with this problem). She should try to get H1 as soon as one is available.

Hopefully your namecheck will clear soon. I know its hard to say that with a straight face. Sorry.

 

[tdi2005t]

Thanks for the info

Hi, guys,

Thank you all for the info.

I agree that name check is unfair and inefficient cause the only trouble I've had for all the years in the states is a minor traffic ticket, it's just a waste of tax payers' money in something which has no substance at all.

We probably won't consider H-1 for my wife since the quota is reached in just one day. TN may be the only option.

 

[nelsona]

The H1 I was referring to is for NEXT year, or if the law changes the quota. (that's why I mentionnned 5 weeks ago)

But your wife will need to get her boss on board for getting H1 many months before, so should be tilling the field NOW.

Seriously, do not think that she will be able to last 2-3 years on TN, unless she never travels. The CBP are real pains.

On name check, remeber that it is not YOU they are investigating, it is your NAME, which makes it even more stupid.

I dare say that there will never be a Jim Smith that will clear name check, as 'he' will have thousands of hits for FBI to fish thru.

 

[sshakeny]

My wife is a Canadian studying here, I'm a GC holder, got stuck in name check for citizenship, didn't filed immigration petition cause it would take 6-7 years.

My question: Would she be able to apply for TN at the port of entry?
I've heard TN requires non-immigrant intention.

I appreciate any answer from good helper.

Find a good lawyer and ask them about “Citizenship Mandamus” and “120 day rule”. If you have done your citizenship interview and you have not received a Citizenship Oath Ceremony for over 120 days you may seek review of the officer’s decision in U.S. district court where you live. You may also seek review in federal court if you did not waive the 120-day rule, and CIS does not make a decision within 120 days.