Job offer received after I-130 submitted

[Carrie123 1]

Hello hello, 

 

My I-130s have been sent in the Spring for my three Canadian children and Canadian husband. I am American. My husband has received a good job offer for California. We have different perspectives from two attorneys. One says to go the K3 route. The other says to apply for a TN visa and inform the consular officer there is still a long wait for my husband that there is still a long wait for my husband to obtain his permanent residence and has the intent to return to Canada once the TN status expires. According to Visa Journey my I-130 would be processed in Feb-March 2022, so not that bad. Just wondering if the job offer could change things. The employer is very eager for him to start. We have also contacted the Montreal embassy for Direct Consular Filing. Thanks! 

[Chancy 6,233]

19 minutes ago, Carrie123 said:

One says to go the K3 route. The other says to apply for a TN visa and inform the consular officer

 

Filing I-129F for K3 is free and will not negatively affect your pending I-130 petition.  Just don't expect approval as K3 is effectively obsolete.  You may get lucky though.

 

Applying for TN status is also an option, depending on whether your husband can convince the interviewing officer that he intends to return to Canada to complete his spouse visa processing.  Note that as a Canadian, your husband has the option to apply for TN status at the border.  No need for TN visa from the consulate.  The CBP officer at POE will process the application for admission as TN if your husband qualifies.

 

[Boiler 43,804]

Did the Lawyer mention K3 is not a real thing, only a handful are issued every year and time wise makes no real difference 

 

With a filed I 130 DCF is not available 

 

TN is non immigrant not sure how that will be viewed.

 

I assume the job is TN applicable

Edited July 28, 2022 by Boiler

[Carrie123 1]

37 minutes ago, Boiler said:

Did the Lawyer mention K3 is not a real thing, only a handful are issued every year and time wise makes no real difference 

 

With a filed I 130 DCF is not available 

 

TN is non immigrant not sure how that will be viewed.

 

I assume the job is TN applicable

Thank you, So in your view and experience, what would be some possible next steps? I am just waiting for the I-130 to follow its course, but are there any other routes we can take now that he has an offer? 

[Boiler 43,804]

I assume this is not a transfer so realistically TN and presumably TD are the only quick options