Applying GC from TN Status

R

risen

New Member
Hello Everyone,
I am a Canadian citizen currently working on TN status. My GC priority date is current right now, so I was planning to apply for I-485 while on TN Status. I applied for my TN extension in mid Feb 2024 and got the approval notice in April, which is valid for 3 years. My wife is currently in Canada and plans to join me in next 2-3 months.

I am looking for some directions about the best way to apply for I-485 for me and my wife.

Should I wait for my wife to join me in next 2-3 months and after that wait for another 3+ months to apply for I-485 together?

I think if only I apply now, it will be very difficult for her to travel later on and apply as derivative applicant later on?

Thank you
 
risen said:
Should I wait for my wife to join me in next 2-3 months and after that wait for another 3+ months to apply for I-485 together?

I think if only I apply now, it will be very difficult for her to travel later on and apply as derivative applicant later on?
Click to expand...
Yes, I-485 should be filed together - wait for your wife to join you in the US and then you apply together.
 
The I-485 for your spouse does NOT have to be field at the same time, although their may be advantages to do so. Remember that not only does she have to be in US for a period before filing, she also has to be in US for a few months AFTER filing, so she really should only file when she moves.

But she can file anytime after you, but before you get approved, and have the same Priority as you. This done regularly, for example when a person marries after filing I-485.

I would not delay filing your I-485 in order to "wait" for her.
 
nelsona said:
The I-485 for your spouse does NOT have to be field at the same time, although their may be advantages to do so. Remember that not only does she have to be in US for a period before filing, she also has to be in US for a few months AFTER filing, so she really should only file when she moves.

But she can file anytime after you, but before you get approved, and have the same Priority as you. This done regularly, for example when a person marries after filing I-485.

I would not delay filing your I-485 in order to "wait" for her.
Click to expand...
Thank you @nelsona for your reply!

I have few more questions.

1. She should already be in the US before I file I-485, right? Otherwise it may be difficult for her to get a TD status or B1/B2 after I have filed I-485?

2. Her passport will be expiring in one year, so if she gets a TD status at border crossing it will be valid for only one year. Is there a possibility that she can travel on B1/B2 and once in the US, apply for a change of status (to TD) using I-539? Is it allowed and does it have any rules, like, wait for 90 days and then apply for COS? Thought about this option so she can also get a 3 years TD Status. She is also a Canadian citizen.

Thank you!
 
1. No. She only needs to be in US, when she file I-485. Until she files I-485, she can continue to travel back and forth.

2. She doesn't get B1/B2, that is for non-Cdns. She will be granted TD when she crosses, with proof of relationship. Once she is in US for good, there is no point filing for TD with I-539, because at that point you should be filing I-485. I-539 to change status requires that she remain in US while processing, so since that would be the case, may as well file for I-485 (after 60 days).

You really need to make a decision to have her MOVE to the US, sooner rather than later.
 
nelsona said:
1. No. She only needs to be in US, when she file I-485. Until she files I-485, she can continue to travel back and forth.

2. She doesn't get B1/B2, that is for non-Cdns. She will be granted TD when she crosses, with proof of relationship. Once she is in US for good, there is no point filing for TD with I-539, because at that point you should be filing I-485. I-539 to change status requires that she remain in US while processing, so since that would be the case, may as well file for I-485 (after 60 days).

You really need to make a decision to have her MOVE to the US, sooner rather than later.
Click to expand...
Sure. Thanks so much @nelsona

Since she will get TD only upto the expiry date of her passport, that is till next year Oct. Is there any way to get her TD for 3 years? Just thinking, as once she applies for I-485, she won't be able to extend TD status anymore, right? If for some reason I-485 takes longer to get approved and her TD status expires by next year Oct, she won't have any valid status.

My TN is valid for 3 years.
 
Of course. Whomever would be advising them would be crazy not to suggest EAD/AP. otherwise stuck in US for years.
 
You must log in or register to reply here.
Top