FTJ and Preconceived Intent

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sticklizard

Registered Users (C)
background- Both my spouse and I are Canadian Citizens, but we living on different sides of the border. I live in the US, going for GC via H1B/TN.

If we file for I-485 using FTJ option, how many months prior to filing must she be a resident of the US so that she won't be scrutinized for 'Preconceived Intent'?












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TheRealCanadian said:
What is this H4/TD business. Is she entering in H-4, or TD?
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Will most likely be getting the TN for myself (TD for her) and 'try' for the H1B next year. So for the sake of argument lets say I have H1B and she has H4.

The reason I'm asking this question is... I want to know when's the latest she can move down. Since she can't work on a TD/or H4, if she moves down too soon there will be a huge period in income gap while she's waiting for the FTJ.
 
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Technically, FTJ and I485 are mutually exclusive, but from your post, I understand you want to go through AOS for your spouse too.

The latest she can come is when she applies I485.

If she applied I485 after your GC got approved(if ths is what you expect by referring to FTJ), only choice is FTJ which is consular process.
 
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sticklizard said:
The reason I'm asking this question is... I want to know when's the latest she can move down. Since she can't work on a TD/or H4, if she moves down too soon there will be a huge period in income gap while she's waiting for the FTJ.
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As mentioned, it would be bad if she waited until you were approved, since your H status would be toast and she would need to do CP. She can file an I-485 the day after she enters in H-4 status, since immigrant intent is allowed on the H. Of course, getting an H for October 2009 is a crap shoot, so I would recommend she enters on TD, waits 60 days and then files an I-485. The EAD will take around 60-120 days.
 
TheRealCanadian said:
As mentioned, it would be bad if she waited until you were approved, since your H status would be toast and she would need to do CP. She can file an I-485 the day after she enters in H-4 status, since immigrant intent is allowed on the H. Of course, getting an H for October 2009 is a crap shoot, so I would recommend she enters on TD, waits 60 days and then files an I-485. The EAD will take around 60-120 days.
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Why 60 days?

I know all about how disadvantaged it would be if she waited until AFTER I get my I-485 approved. I guess what I'm trying to say is, how many months in advanced must she be a resident (and married to me) in the US before we can file our I-485 concurrently. It seems like you're saying she can apply for I-485 right when she moves down here with a TD...
 
sticklizard said:
It seems like you're saying she can apply for I-485 right when she moves down here with a TD...
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I wouldn't suggest such a course of action. The TD does not allow immigrant intent, and USCIS could claim that she misrepresented her intent at the border. 60-90 days after entry would be a good time frame to wait, since the case law supports this.
 
TheRealCanadian said:
I wouldn't suggest such a course of action. The TD does not allow immigrant intent, and USCIS could claim that she misrepresented her intent at the border. 60-90 days after entry would be a good time frame to wait, since the case law supports this.
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... so lets say since the H1B is a crapshoot, I'll most likely be on a TN1 while applying for I-485. So you're saying she can move down on a TD, wait 2-3 mos before applying? what is the purpose of that timeframe?
 
sticklizard said:
... so lets say since the H1B is a crapshoot, I'll most likely be on a TN1 while applying for I-485. So you're saying she can move down on a TD, wait 2-3 mos before applying? what is the purpose of that timeframe?
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huh ?
if you don't know what purpose it is, what does it mean by asking "how many months prior to filing must she be a resident of the US so that she won't be scrutinized for 'Preconceived Intent'?" in your original question ?

"how many months prior to filing must she be a resident of the US so that she won't be scrutinized for 'Preconceived Intent?"
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GotPR? said:
huh ?
if you don't know what purpose it is, what does it mean by asking "how many months prior to filing must she be a resident of the US so that she won't be scrutinized for 'Preconceived Intent'?" in your original question ?
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sounds like the only way is for her to get an H4, wait 60-120 days and apply for EAD/I-485.
 
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