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Mthorne

TN visa to green card throigh marriage

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I'm a bit confused with our situation. I'm a US citizen and my husband is Canadian. We've been married 11 years. We moved to and lived in Canada until 2014 when we moved back to the states. My husband's company got him a TN visa to get him in the country. He tried to change to H1-B but was not selected. He just renewed his TN for another 3 years but he somehow needs to get and should have a green card. Based on everything I've read, he shouldn't have ever been granted a TN because his intent was never temporary  (mainly being married to a US citizen prior to being granted the TN). So now I'm not sure if anything will work for us.. mainly the adjustment of status. If seems that the adjustment of status is for people who get married while they are on a TN status. Obviously getting married would change your status, but we were married prior to his TN status. Any light that anyone can shed on this for us would be great.

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Just to clarify, usually TN is not issued by the company itself but is a status granted at the border by the US border official to Canadian citizens.  The company usually gives an offer of letter of employment for which the official has the discretion to provide as long as it meets the requirements of the NAFTA treaty to grant that status.  It is also non immigrant status.  There is no path to a greencard from TN status thru employer channels.

 

H1-B would mean your husband's company actively petitioning him (i.e. a sponsorship) which involves quite a bit of time and expenses on their part.  H1-B "supposedly" is only for certain specialty occupation.  Certainly in my situation on my move from Canada to the US years ago, my company's US HR clarified that they did not need to perform any such sponsorship as I made it clear I was moving on a family based derivative visa anyway.  It just so happened they could use a person with my experience and skillset in the area I was moving to.

 

Note that both H1-B and TN are tied to the employer.  If your husband's company should let him go before the 3 year renewal, then he will have no legal status to stay in the US.  

 

As it seems the intent by the family is for your husband to have a greencard, then as EM_Vandaveer advised, have  him adjust status based on his marriage to you as a US citizen and read the link provided.  Note that travelling between US and Canada/other countries while that is underway probably is not advised.

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On 1/1/2017 at 2:37 AM, Mthorne said:

I'm a bit confused with our situation. I'm a US citizen and my husband is Canadian. We've been married 11 years. We moved to and lived in Canada until 2014 when we moved back to the states. My husband's company got him a TN visa to get him in the country. He tried to change to H1-B but was not selected. He just renewed his TN for another 3 years but he somehow needs to get and should have a green card. Based on everything I've read, he shouldn't have ever been granted a TN because his intent was never temporary  (mainly being married to a US citizen prior to being granted the TN). So now I'm not sure if anything will work for us.. mainly the adjustment of status. If seems that the adjustment of status is for people who get married while they are on a TN status. Obviously getting married would change your status, but we were married prior to his TN status. Any light that anyone can shed on this for us would be great.

If you need guidance I  adjusted aos with my tn through my US spouse.

I can help u with questions

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