TN>485

D

DanJaffrey

New Member
Hoping someone here can help answer this question: My situation is somewhat weird. I am a derivative applicant on my spouse’s approved 140 application. I am renewing my TN as I am starting with my new employer soon.

1) Can I file for 485 immediately after I get the TN? If not, then what is the advisable time period to wait.
2) Can my spouse file for their 485 and I can join the process later? Our PD is current and I don’t want them to wait.

Tagging @nelsona
 
1. You should not enter the US into TN status with preconceived intent to file I-485 during that stay. If instead your employer filed I-129 for you while you are within the US, then that should be okay.
2. Yes, unless your spouse is cross-charging to your country of chargeability
 
Thanks for the response!

Trying to understand 1) are you saying that if my employer files 129 then I can file for 485 immediately after approval? Or is there a waiting period? Or it is just not advisable?
2) my spouse is eligible based on their country of birth. If they apply, then at what point I can join the process.
 
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1. I would wait for approval (using premium processing) before submitting I-485.
2. You would file after you get new TN, and spouse has applied for I-485.
 
As newacct said (kinda) you file I-485 immediately after entering US on new or existing TN. You will need to wait 90 days after last entry to file I-485.

I would INSIST on I-129.
 
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