TN Visa married to US Citizen

S

samgodbout

New Member
I have a question concerning the TN Visa,

I have a job offer in the US. My wife and I reside in Canada and she has dual citizenship. I am eligible for a green card however since she resides with me in Canada, she cannot sponsor me for the affidavit of support. Furthermore, we cannot have a joint sponsor because of her residing in Canada with no permanent address in the US.

That leaves me with the TN Visa route. I am eligible for a TN Visa. However, since i am married to a US Citizen, they will probably not let me in thinking i have the intend of immigrating.

If she uses her Canadian passport, is it possible to bypass this whole "intend of immigrating" situation? Or is there a way to show that we do not intend on staying even though she is a US citizen? Maybe i can show up at the border alone and apply for a TN visa? while she stays in canada?

Thank you very much for your answer.
Sam
 
If you have been allowed to enter US as a tourist, then you are still eligible for TN. Only those married to US citizens living in US are considered ineligible for entry as a non-immigrant (like TN, Tourist, student, etc). As long as she continues to live in Canada, you are not considered as immigrating, and remain TN-eligible. But as soon as you begin the GC process (You do realize that YOUR income is considered for support purposes?) becuase of wanting to live in US, then you need to -- in very quick order -- convert to AOS process.

This is what I would do in your shoes: While US spouse is living in Canada, apply for and get TN. work a few months to make sure this is what you want. Then go across to Canada one last time, get all your affairs in order, and then return, by yourself, to US and immediately file for AOS (I-130/I-485, etc) and be prepared to stay in US for 4-5 months. During this time Spouse moves down , and within 2-3 months you are on EAD and AP and can then travel and work freely while waiting for GC.

She should NOT pretend to be a non-US citizen when crossing border. This will go poorly for you.
 
So if i get this correctly

1. Move down to the US (alone) on TN visa
2. Concurrent Filing for AOS
3. Wait for work permit while GC being processed
4. Once i get the permit, Wife moves down

That sounds like a great plan, four questions though

Q1: Couldn't my TN Visa be revoked the minute i file for AOS since i "intend to immigrate"?
Q2: How long does it usually take to get the temporary work permit while my GC is being processed?
Q3: While i wait for the work permit, can my wife come down and visit?
Q4: You mentioned that i can use my income only, for the affidavit for support? is that right? My wife is a stay at home mom, so she will not be going back to work anytime soon.

Thank you so much for your answer!
 
Just to go over your first part
1. Yes
2. At some point, amke sure you want to live in US
3/4. Wife can come down anytime after you file, but you won't be able to re-enter US on TN from date you file, so you wait in US for EAD and AP. That is why I said you make one last trip to Canada, maybe a few months from now (you can travel freely in menatime) and then prep to be in US for awhile.

Q1. No. TN's are not "revoked" within US as long as you are still working. They simply cannot be used for entry into US (that is when they would be revoked), nor can you apply for a new or renewal TN after filing AOS.
Q2. What did I say: "and within 2-3 months you are on EAD and AP"
Q3. She can move as soon as you have made your last entry into US under TN. This can even be before filing I-130/I-485. That is why I'm telling you to take your time after you get TN before filing, because if you get comfortable in US you won't have the need to be going back to Canada for stuff/visits/legal/financial matters etc. Get all these things arranged while on TN, so there is no dnager of denial at border. That is going to be the trigger for her moving down and you filing I-130 and AOS: the moment you are comfortable staying put in US for 4-5 months.
Q4. Yes, your income counts towards your support.
 
Last edited by a moderator:
You must log in or register to reply here.
Top