Tn to F2 if my husband files for niw

J

JingulMastan

New Member
Hi there,

I’m a Canadian citizen in the US on TN status. My husband is an F visa and he is trying to file file NIW petition. now my question is if I lose my job and try to change my status to his visa to be an F2 will his NIW petition effect me changing to his status? can I do it after his NIW petition?

thanks a lot
 
Unlike TN, filing an I-140 (be it for NIW or otherwise) puts obtaining or renewing F1 or F2 in jeopardy, since there is no explicit directives preventing future denial. Since this is not a TN issue, I suggest finding a forum that deals more with NIW petitions and their impact on non-dual intent non-immigrant statuses in general, or F1/F2 in particular. The lawyer shepherding his NIW case would be the best person to ask,

There would be an urgency to get both of you of your respective statuses, and onto EAD based on I-485 filing.
 
Thanks nelsona for your prompt response. we asked our niw lawyer, and he said based on a memorandum from 2023, filing I-140 does not mean imigrant intent and does not forfeit the F-1 status. But I was looking for a second opinion and hence tried asking here. I will take this to the NIW forum as well.

Thanks
 
So it would seem, like TN, I-140 is not fatal to F status. However, make sure his lawyer takes your situation into consideration, when filing I-485. Oftentimes, when the primary is ready to file, the lawyer forgets that the spouse may need time to get a particular status before filing I-485 (like renewing TN, or getting F2).
 
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