Spousal visa while working with TN visa

[Nnickol 0]

i will be working on a TN visa working remotely from Canada but travelling back and forth often as needed. My wife is an American citizen and we'll be moving to the U.S. around July. My question is, should I start the spousal visa process immediately or wait till we've relocated in July. My understanding is that if I'm in Canada I can't enter the U.S. while my application is being processed. Is this true even if I have a TN visa? If this is true it's obviously not good considering I'll need to travel to the U.S. for work. If I wait till July, when we will have relocated, I assume that if I leave the U.S. I won't be allowed to re-enter until my application is processed? Any help will be appreciated.

[NikLR 13,227]

i will be working on a TN visa working remotely from Canada but travelling back and forth often as needed. My wife is an American citizen and we'll be moving to the U.S. around July. My question is, should I start the spousal visa process immediately or wait till we've relocated in July. My understanding is that if I'm in Canada I can't enter the U.S. while my application is being processed. Is this true even if I have a TN visa? If this is true it's obviously not good considering I'll need to travel to the U.S. for work. If I wait till July, when we will have relocated, I assume that if I leave the U.S. I won't be allowed to re-enter until my application is processed? Any help will be appreciated.

Start it ASAP, she can send from Canada (just make sure the payment is from a US bank because they need the routing number.) Follow this guide: http://www.visajourney.com/content/i130guide1%C2'>

With the IR1/CR1 visa you will have a green card immediately upon entry and be able to continue working, and you can travel. If you filed the adjustment of status you would not be able to do either of those for about 3 months. I suggest waiting for the green card for YOU to move, but your wife can move ahead of time. In fact I recommend it because the ONLY thing the Montreal consulate is strict on is domicile. They will want to know your wife is undoubtedly moving or has moved back to the USA. Her being there before your interview is a good thing.

I don't suggest you adjust your status as the TN is not a dual intent visa.

[Nnickol 0]

Start it ASAP, she can send from Canada (just make sure the payment is from a US bank because they need the routing number.) Follow this guide:

With the IR1/CR1 visa you will have a green card immediately upon entry and be able to continue working, and you can travel. If you filed the adjustment of status you would not be able to do either of those for about 3 months. I suggest waiting for the green card for YOU to move, but your wife can move ahead of time. In fact I recommend it because the ONLY thing the Montreal consulate is strict on is domicile. They will want to know your wife is undoubtedly moving or has moved back to the USA. Her being there before your interview is a good thing.

I don't suggest you adjust your status as the TN is not a dual intent visa.

Yes but doesn't a CR1 take several months? And doesn't it prevent me from travelling back and forth while being processed? My wife can't go before me, she's employed here till July. My agreement is that I will have relocated on TN status at the new job by July. By July we will also have purchased a home. So her going before me is not an option.

[NikLR 13,227]

No it does not prevent you from travel. I visted my USC husband twice after we filed. Some people who live in border towns still visit every weekend. The TN visa allows you to live in the USA until your interview, just keep it active until then. The only downtime for you will be waiting for the passport after the interview. A spousal visa can take up to or over a year. Mine was 8 months. But the TN visa makes it so you can live and work in the USA. You cant adjust your status on a TN visa and even if you did, like I said there is that 2-3 month wait period until you have the ability to travel or work.

[NikLR 13,227]

There is a thread in the Canada forum about proving domicile. But that is an issue that's not needed until interview day.

Edited January 10, 2014 by NLR