TN visa or Sponsor Help advice

A

Alinahr

New Member
Hi everyone,

I have couple of questions. If anyone can clearify my concern, it will guide me.
My current is situation is I had a baby. I am GC holder and my husband is French/ Canadian. He is living in France since 1 year but he also kept his appartement and all the bills in Canada under his name. Because we were planning to go back to Canada. But now I would like him to try to work in the USA on TN visa because my family is in the USA and I would like to stay with them.

1- I am GC holder, baby US citizen. He has been living in France for 1 year but lived 3 years and more in Canada.
Can it be a denial reason as he is married to
Me? (I have not declared the mariage yet because we married in France). Or the appartment, call phone bills, electricity, health insurance is enough to show a tie?

2- After he gets the TN visa(now or after the border opens again) can I apply for an adjustment of status? Or any other fastest option so he can stay with me and our baby?

3- Should he try to ask for TN visa first then if it’s refused, I will sponsor him? What do you suggest? Is it a good strategy?

4- If the TN is refused, does it affect the sponsorship?

5- he is on Visitor visa right now, his plan was to go back to Canada and get the TN visa but as now it’s closed and very hard to travel, I don’t want him to be stuck there. Is there any other way to get the TN (going in the embassy or by mail)?
Thank you in advance for your help
 
#1 is "probably". Having a spouse living in the USA creates a presumption of immigrant intent.

#2 is you definitely can apply for an adjustment, just make sure to wait long enough so there's no presumption of fraud on your husband's TN entry. I have heard after 90 days there's no presumption, but that might not apply if you were previously married before he entered.

Most of your questions are GC/Sponsorship questions, so the TN forum isn't going to give you most of your answers.

Also be aware that if your husband enters on TN1 status, but you both have the full plan to sponsor him sometime during the entry, it still carries risk of being considered fraud if even if you wait a long time.
 
Ya well when they ask him the purpose of visit. He said visiting friends. That’s it. But he never overstay here and he does not want that.

#2 yes we are already married! And we can wait 1 year before requesting for an adjustment of status. We are not in hurry. My only concern is he can stay with me and our baby as fast as possible.

Why it would considered as fraud if I wait 1 year?
Then what would be the right solution so they won’t think like that?

Is there any other person in my situation who have experience that and would like to share please ?
 
Ok thank you.
1-He is living in France for 1 year but lived 3 years and more in Canada.
Can it be a denial reason as he is married to
Me? (I have not declared the mariage yet because we married in France).

2- Is these following proof enough to show a tie with Canada: Rental appartment, cell phone bills, electricity?
 
1. Doesn't matter. If you were US citizen it would be more of a concern, but you are not.
you are married. What do you mean "not declared it"?
2. For tourist status he needs those ties. For TN he needs no ties in any other country.
 
Because spouses of US citizens are under Immediate Relative (IR) category and are presumed to be immigrating if spouse lives in US. Spouses of GC cannot always immediately apply (are subject to F2A quotas).
OP's husband would not have been allowed in US as tourist if she was a USC. He would have had to apply for consular spousal visa.
 
nelsona said:
Because spouses of US citizens are under Immediate Relative (IR) category and are presumed to be immigrating if spouse lives in US. Spouses of GC cannot always immediately apply (are subject to F2A quotas).
OP's husband would not have been allowed in US as tourist if she was a USC. He would have had to apply for consular spousal visa.
Click to expand...

But right now F2A is current (has been for months), and you are allowed concurrent filing of i130 and i485 if visa number is immediately available, so it is effectively the same situation as a USC as long as F2A remains current. Add in the fact that F2A abroad currently falls under the EO ban but adjustment is allowed, it may be seen as spouse trying to circumvent the ban. So I would think this is - at least at this stage - more rather than less likely to cause problems than if she was a USC. Were F2A to retrogress I would agree somewhat more with your conclusion.

And, many USCs have spouses visiting as tourists even while i130 in process. And many don’t. Individual circumstances.
 
Agreed, true visitors of USCs are sometimes let in, with scads of prrof that they are returning home afterwards. However, CBP (which is the important agency in this case) nearly ALWAYS views the presence of a USC spouse living in US as insurmountable immigrant intent, and not so with GC spouses, regardless of I-130 filing or not. Visit the marriage-based immigration sites for tales of woe. Add to the fact that the individual is not really wanting to visit, but wants to live and work in US (legally, under TN) and this would certainly get him denied if his spouse was USC.

It's not really a "conclusion" on my part. It is observation.

OP: It is never good to lie to border officers. he is not visiting friends. He is visiting his spouse.
 
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I am active on a forum that is mainly marriage based and there are plenty of people who visit USC spouses while processing for immigrant visas. Yes, they are honest at the border and have proof of return home until their visas are processed. And yes, some are denied entry. But the denials also include those who have green card spouses. I am just not sure where you see this clear distinction.

OP seems to be planning to use TN as a pretext to enter US to adjust status. That is considered immigration fraud. The litmus test is: if the officer granting TN asks spouse “do you plan to adjust status while in the US on this visa” and spouse answers truthfully, will be still get the visa? Even if he plans to wait 90 days, it is still intent and will matter.
I certainly agree lying at the border about intentions to enter is a problem. If her spouse does that to get a visa and it comes up at the adjustment interview, then a misrepresentation bar comes into play.
 
I think it's fine to enter in TN status within intent to adjust status, as long as you have the honest intention of doing the TN job.

It is often done for employment-based GC applicants. The company does the PERM, the employee may have some travel plans, the company waits for the employee to get back to the US and then does the I-140 and I-485 filing.

If the person were to enter the US, apply for AOS within a week, and immediately quit their job, then that would be a problem.
 
You can also read more about misrepresentation at 9 FAM 302.9-4(B)(3) (unfortunately this forum will not allow me to post the link).
 
wagecuck3 said:
I think it's fine to enter in TN status within intent to adjust status, as long as you have the honest intention of doing the TN job.

It is often done for employment-based GC applicants. The company does the PERM, the employee may have some travel plans, the company waits for the employee to get back to the US and then does the I-140 and I-485 filing.

If the person were to enter the US, apply for AOS within a week, and immediately quit their job, then that would be a problem.
Click to expand...
Like I said, the litmus test will be if the spouse is honest at CBP and they still give it to him.
 
Anyway strikes me adjustment talk is putting the cart before the horse. TN idea came up in a previous thread where OP was looking for a way for spouse to stay with her. It’s not clear to me they have even looked at whether spouse has correct qualifications to get a TN job, they should probably do that first.
 
wagecuck3 said:
You can also read more about misrepresentation at 9 FAM 302.9-4(B)(3) (unfortunately this forum will not allow me to post the link).
Click to expand...
wagecuck3 said:
I think it's fine to enter in TN status within intent to adjust status, as long as you have the honest intention of doing the TN job.

It is often done for employment-based GC applicants. The company does the PERM, the employee may have some travel plans, the company waits for the employee to get back to the US and then does the I-140 and I-485 filing.

If the person were to enter the US, apply for AOS within a week, and immediately quit their job, then that would be a problem.
Click to expand...
Oh he is definitely work under TN then I will do an adjustment of status later on. But we are not in hurry at all. I can wait 1-2 years that’s not a pb. I only want him to stay with me and our baby, that’s it and be legal in the US. I don’t want any pb.

Btw, how can I declare my marriage in US? How should I proceed?
 
wagecuck3 said:
I think it's fine to enter in TN status within intent to adjust status, as long as you have the honest intention of doing the TN job.
Click to expand...

but then it should be fine for spouses of citizens too, and we have been informed above it can be a problem for them.
 
SusieQQQ said:
but then it should be fine for spouses of citizens too, and we have been informed above it can be a problem for them.
Click to expand...
Well, it is clear that they will not let you in as a TN if they find out that your intent is to adjust status.
But if they don't ask you, then you don't have to tell them. You're not required to volunteer all information to the CBP officer that they could possibly use to deny you entry.
And if they do let you in, then you can apply for AOS if you want. You're not doing anything wrong by having an additional intention at the time of entry.
 
Since it is apparently abundantly clear that those with I-130 are admitted to US as tourists, be they spouses of GC or USC, why are we even discussing this? No I-130 has been filed in any event, so there is no reason for denial. The 90-day rule then applies. Get TN. Wait 90 days and then apply I-130 etc. That;s why there is a 90-day rule: to remove having to determine intent retroactively.
 
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