Cross Chargeability - GC process

C

CanGuy

New Member
Hi all:

I am currently on a TN. Does my spouse have to be in TD status inorder to apply the cross changeability option for the GC process? She currently lives and works in Canada and intent is to eventually move with me to the US, permanently. Appreciate your guidance.

Thanks,

CanGuy
 
I am the principal beneficiary, currently on a TN.
Wife’s country (Canadian by birth) of chargeability will be used. Do you see any potential challenges?
 
When the principal beneficiary cross-charges to the derivative spouse's country of chargeability, they must both immigrate at the exact same time, which means you must both do AOS, or both do Consular Processing. But if she is not living in the US, then she will not be doing AOS. (And she cannot enter the US on B2, or even TD, with preconceived intent to file AOS during that stay.) So that would probably mean you would have to do Consular Processing too.
 
Wow! This is an eye opener! Thank you so much newacct for your guidance, wasn't aware of this. We will both have go via the consular processing route. Thanks once again for sharing this extremely important piece of the GC journey. I now have to wait for at least 6 months to get the PWD prior to moving on to the next stage,,,,,,,Have a great day.

Kind regards,

CanGuy
 
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