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Affidavit of Support if I have no income?????

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Filed: Citizen (apr) Country: Canada
Timeline

He's already there on a TN, is my understanding... He'd just be leaving and coming back again. Which, for the record, is a BAD idea.

My husband's sister was his co-sponsor because he had been in college for the last two years, and that wasn't an issue. I'm sure if you don't meet the requirements, but have someone who does, it will be fine.

But I would advise you to do this NOW and not have your partner go back to Canada and then come to the US again to get married. That is not actually legal and it could end pretty badly.

TN's have a limited amount of time to them. The two way to renew it are either by mail or at the border. Looking to renew the TN by mail if he stays with the same employer might be the safer option. More expensive, but then you wont need to deal with the border crossing (which is a stress). Also, I have read on other TN board that when the renewal for TN's approach 10 years, they are starting sending RFE about ties to Canada.

I would not say that they have immigrant intent at this point. As she mentionned, she does not know if her husband will take a new job in the US or in Canada. Getting married in the US is not automatically saying that. Even if, at the border, it would be a trouble because it depends of the mood for the border patrol officer that day.

As for someone mentionning that going in with a TN is jumping ahead everybody else, I would just mention something. Someone that has been here on a TN for 8 years has payed taxes for 8 years, build a life for themselves in 8 years. That person did not necessary came here first to stay here. They came here because they had a job offer that make sense at the time. A TN is like an H1-B, easier to get, but definitly more unstable. You loose your job linked to your TN, you have to leave the country immediatly...

And then, you meet someone. Does it make sense to you that that person quit her/his job to go back to Canada to wait for the immigration process for 1 year when they have no employment for them there? And, if that person would go through a CR-1, even if technically it is the way to go, the border patrol would see it as an immigration intent (even if technically it isn't since you have to go back to Canada to do the interview). Patrol officier will be less entitled to give a new TN to someone in immigration process.. This is a Catch-22.

2006 to 2010 - Working on TN status
09/26/2009 - Wedding
02/16/2010 - Green Card in hand!
02/12/2012 - ROC Done, Green Card Received

09/15/2015 - Naturalization Ceremony

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Filed: Citizen (apr) Country: Canada
Timeline

Urgh... Wont let me edit... Let me posted the "edited" post

To awnser the OP, yes, your brother should be able to cosponsor without issue even if you do not have income. And actually, your husband is really close to the 40 work quarter in the US. So would not be sponsor for long. If he has worked 8 years, it would be for 2 years.

He's already there on a TN, is my understanding... He'd just be leaving and coming back again. Which, for the record, is a BAD idea.

My husband's sister was his co-sponsor because he had been in college for the last two years, and that wasn't an issue. I'm sure if you don't meet the requirements, but have someone who does, it will be fine.

But I would advise you to do this NOW and not have your partner go back to Canada and then come to the US again to get married. That is not actually legal and it could end pretty badly.

TN's have a limited amount of time to them. The two way to renew it are either by mail or at the border. Looking to renew the TN by mail if he stays with the same employer might be the safer option. More expensive, but then you wont need to deal with the border crossing (which is a stress). Also, I have read on other TN board that when the renewal for TN's approach 10 years, they are starting sending RFE about ties to Canada.

I would not say that they have immigrant intent at this point. As she mentionned, she does not know if her husband will take a new job in the US or in Canada. Getting married in the US is not automatically saying that. Even if, at the border, it would be a trouble because it depends of the mood for the border patrol officer that day.

No confusion, we understand completely. You and your SO plan to have hime come over on a TN, then skip all the other LEGAL steps and go straight to AOS.

As for someone mentionning that going in with a TN is jumping ahead everybody else, I would just mention something. Someone that has been here on a TN for 8 years has payed taxes for 8 years, build a life for themselves in 8 years. That person did not necessary came here first to stay here. They came here because they had a job offer that make sense at the time. A TN is like an H1-B, easier to get, but definitly more unstable. You loose your job linked to your TN, you have to leave the country immediatly...

And then, you meet someone. Does it make sense to you that that person quit her/his job to go back to Canada to wait for the immigration process for 1 year when they have no employment for them there? And, if that person would go through a CR-1, even if technically it is the way to go, the border patrol would see it as an immigration intent (even if technically it isn't since you have to go back to Canada to do the interview). Patrol officier will be less entitled to give a new TN to someone in immigration process..

This is a Catch-22. Not all border patrol officer are training correctly, and their words are everything for TN's holders. I had once my TN refused for some silly reason, because the location where I worked was not in the letter, even if it was clearly in the letterhead.

2006 to 2010 - Working on TN status
09/26/2009 - Wedding
02/16/2010 - Green Card in hand!
02/12/2012 - ROC Done, Green Card Received

09/15/2015 - Naturalization Ceremony

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