Re-entry into US with GC application pending

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boni61

Registered Users (C)
Experts, please share your opinion on the following situation:

My wife and I are on separate TN visas. I want to submit a green card application for MYSELF ONLY (I-140 and I-485 concurrently). My question is:
since i have to include my wife into I-140 as my dependent will she be able to re-enter the US from her travel with her own valid TN while my application being pending. Or it will be violation of non-immigrant intentions? Or does anyone know good lawyer to consult with about this situation?

Thank you very much
 
She is not party to the I-140 submitted on your behalf, so her entering on her TN should be no problem.

But, at some point she will want (need) to file I-485. Assuming you can file I-485 now (you must be EB2), you're taking a risk that she will always be able to file I-485 at her convenience, which may not be true. Once you get GC, it may be more difficult for her to enter, since her husband will be GC holder. And if she loses job, what status do you propose she stay in US under?

IF I were you, I'd see to it that her TN (and yours of course) are positioned to be able to file I-485/I-765/I-131 at the same time, and drop the TN/TDs
 
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Thank you very much Nelsona for your input. Actually we planning to submit i-485 for my wife. But sometime after she returns from her trip. We were just afraid that she will be inadmissible after my GC application. But are you absolutely sure that my I-140 won't affect her TN?
Thank you very much again
 
As I said, your I-140 won't affect her TN. Your I-485 however might, so you still might want to wait until you are both ready to file I-485 (file I-140 now by all means), and file I-485/I-765/I-131 all together.
 
Thank you very much Nelsona for your reply. But i still didn't understand how my i485 would effect my wife admissibility at the border. Do you think that border officers can see that her husband applied for GC. If they ask whether she or someone else applied for GC - she can say "no". The only question that i'm concerned about is whether or not she would be allowed to re-enter US. The problem with simultaneous submission of i485 is that my job is secured for only maybe 7 months. Thank very much you again
 
I'm saying it could be a problem, especially if you enter US together.

But I see your dilemma, you want to get I-485 pending for 6 months so that you can switch jobs thri AC21. That has to be your focus then, so get I-140/I-485/I-765/I-131 filed asap.

Then as soon as she re-enters on TN, start working on her I-485. Is there a particular reason she had to travel at this time rather than put it off? Will she have that problem again, because as you know once I-485 is filed when on TN, you need to stay put for ~3 months.

As to your job future, realize that for AC21 to work, you still need to find another job at the time your GC comes up for approval. If you don't have a job when your GC comes up, it will be toast.
 
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Thank you so much Nelsona! Another reason that i didn't want to submit i485 for my wife is that her TN is for 3 years and her job is more secure than mine. So in case of failure of my GC application she would still be able to work. While if we submit i-485 for her and my case got denied we have to move to Canada right away. I very much appreciate your advices!
 
Well, in your scenario, at a minimum YOU will have to move to canada right away, since you cannot get TD once your I-485 fails -- for a time period anyways.


This might be a time when one or both of you need to lobby for H1.
 
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