my wife's travel with my I-485 approved

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boni61

Registered Users (C)
Dear Experts!

My wife is under her own independent visa TN (valid for 2 more years) . And now she needs to travel out of the country. My papers i-140 and i-485 have been approved. My questions is: does my i-485 approval affect (restrict) her admissibility into US. Her name was included in my i-485 but she didn't file her i-485.
Please share your thoughts. Any ideas would be highly appreciated!
 
Your I-485 approval means you are now a permanent resident. There is a possibility your wife may face difficulties entering with a TN while being the spouse of a permanent resident, because TN is not a dual-intent visa. If confronted, she has to be prepared to convince the officers that she won't overstay or file for AOS even though her husband is in the US with a green card.

See http://www.visalaw.com/96oct/16oct96.html

However, all that drama is unlikely; they seldom give Canadians trouble, especially those with TN. But you should avoid entering the US together with her, as that would attract more attention to your situation. And she should not take several trips outside the US, as every trip is another chance for being confronted about the immigrant intent issue.

Is your priority date current? Is retrogression the reason she didn't file I-485?
 
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