In TN visa wife is US citizen

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skcd

Registered Users (C)
Hi all,

I just got approved my TN status 2 weeks ago and I am currently working in the US. My wife is a US citizen, we met in Canada and got married. I recently got offered a really good job and want to switch that job, how would I go about doing this.

Is there any risk because my wife is a US citizen.

Thanks
 
There is always a risk, and your original TN could have been denied. In fact, each time you cross the border you are at risk of being turned away.

The key is that you need to have ample evidence -- if questionned -- as to your wife's residence and intentions. As long as you can categorically show that she both (a) lives in canada and (b) has no intentions of moving to US (ie. has a job etc in canada), you should still be allowed into US in non-immigrant status. You should not, of course, be volunteering this info when you cross or apply for TN -- but if you travel together a savvy CBP officer will be able to put 2 and 2 together.

If you can no longer satisfy these conditions, your options arew to stay in US and have her file for your GC (I-130, I-485, I-131, and I-765) and change to EAD to work and AP to travel, or try to get an H1 visa next time these come along next april 1st.


The issue arises not simply with getting a new TN or even with changing jobs; it is each time you cross the border in TN when married to a US spouse. The immigrant intent is presumed, and you have to have information to overcome that presumption.
 
how soon?

How soon am I eligible to apply for GC and EAD status ... I've been on TN for only 2 weeks.
 
What do you mean " how soon"? You are married to a US citizen. You can apply for I-130/I-485/I-131/I-765 today, as long as you are in the US and stay her until you get EAD (3 months) and AP (3-4 months). Go to a marriage-based immig board for more info.

You still didn't say where your wife lives.
 
Since I just got in from TN

Would nt the government find it fishy if I apply for GC just 2 weeks after my TN was processesed? Thats what I meant on how soon

Thanks
 
sorry to answer your previous question she lives in jersey and I just moved from Canada
 
Yes, if you were persuing an employment based GC, you would wait at least 45 days to submit I-485 etc.

But family-based, especially marriage based GC contains provisions whic absolve you of almost all violations you might have commited (never mind the mere impression of fraud that filing so sooner might possible arouse).

Besides, it'll take you that long to get all your ppaerwork to gether.

Are you ready to stay 6 months in US? then go fo it.
 
Does that mean until i get my EAD approved, I can not switch jobs and I have stay on the same job.
 
That is correct. If you want to work, you need to stay with your current TN until you get your EAD. You must also stay in the US until you get your AP, or risk being shut out of US until you get a spouse visa (and restart your whole process over again)
 
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