Which comes first TN visa ot i130 Petition

[khaled_wahba 0]

Hi,

I’m a Canadian citizen my wife is dual citizen ( Canadian / US ), she was born in the US and carries a US passport.

We have always been talking about the idea of moving to The US to work and live. We are tired of the cold weather and have now finally decided to take the plunge and do something about it instead of complaining like we did for the past 10 years.

My question is what is the first step to take ?

Should my wife apply for the i130 petition and then we would move to the US and file a change of status and look for work?

Or

Should I look for work in the US, find a job go there on a TN visa and then proceed with the i130 and other forms

Which situation of the above makes me a more desirable candidate to hire ?

I also have a very important concern, I do not want to be stuck in the US and be unable to leave the country. I need to be able to come back to Canada to sell the house after we have settled in US. And we also have a yearly summer vacation were we travel to visit our parents overseas.

I would also appreciate anyone experience that is similar to my situation

[milimelo 4,481]

Have wife file I-130 and then sit tight and wait for its approval. You're looking into 8-12 months timeline before you'll have an immigrant visa in hand.

[blest.but.strest 50]

Hi,

I’m a Canadian citizen my wife is dual citizen ( Canadian / US ), she was born in the US and carries a US passport.

We have always been talking about the idea of moving to The US to work and live. We are tired of the cold weather and have now finally decided to take the plunge and do something about it instead of complaining like we did for the past 10 years.

My question is what is the first step to take ?

Should my wife apply for the i130 petition and then we would move to the US and file a change of status and look for work?

Or

Should I look for work in the US, find a job go there on a TN visa and then proceed with the i130 and other forms

Which situation of the above makes me a more desirable candidate to hire ?

I also have a very important concern, I do not want to be stuck in the US and be unable to leave the country. I need to be able to come back to Canada to sell the house after we have settled in US. And we also have a yearly summer vacation were we travel to visit our parents overseas.

I would also appreciate anyone experience that is similar to my situation

Hey Khaled,

TN status is a non immigrant visa for North Americans, so by intending to immigrate to the USA while petitioning for a TN is actually illegal. Its called having dual intent. So I would suggest for you to go about moving to the USA with your USC wife filing the I-130 and going through the process and then move.

Hope this helps

[khaled_wahba 0]

So first I apply for i130

Then when it's approved in (8 to 12 month ).. what happens ? does that allow me to work leagaly in th US and I can just find a job and move ?

I thought that I could file the i130, leave it to get processed for what ever time it takes and start looking for a job using a TN visa and when the i130 gets approved I can just giveup my TN visa

[blest.but.strest 50]

So first I apply for i130

Then when it's approved in (8 to 12 month ).. what happens ? does that allow me to work leagaly in th US and I can just find a job and move ?

I thought that I could file the i130, leave it to get processed for what ever time it takes and start looking for a job using a TN visa and when the i130 gets approved I can just giveup my TN visa

You don't apply for I-130, your USC/Canadian wife applies for it. You have to go through the whole process and when the process is completed successfully you will be able to enter the USA as a permanent resident and a Green Card will be mailed to you. Here is a link with all the steps to consular processing.

http://www.hooyou.com/consularprocess/steps.html

What you are talking about TN and I-130 consular processing doesn't sound legal, like I told you, you can't have the intent to immigrate to the USA while petitioning for TN status, its for non immigrant North American professionals that want to work in the US and then return to Canada(or Mexico) when their work duty is over. Having dual intent while on a TN is illegal

[NikLR 13,227]

Search out CR1 or IR1 visa guides on this site. That is whay you want to chase. You can get a TN visa while waiting but you may be denied once they know you have immigrant intent.

[Ryan H 3,812]

You don't apply for I-130, your USC/Canadian wife applies for it.

His wife would not apply for an I-130, the I-130 is the petition form that she would file.

[Darnell 8,478]

So first I apply for i130

Then when it's approved in (8 to 12 month ).. what happens ? does that allow me to work leagaly in th US and I can just find a job and move ?

I thought that I could file the i130, leave it to get processed for what ever time it takes and start looking for a job using a TN visa and when the i130 gets approved I can just giveup my TN visa

Some folk do that, and it works.

[JE57 239]

I'll pose this question to the community regarding OP circumstances. He says they both live in Canada at the present time... Doesn't his wife filing a I-130 require that she have domicile in the USA is this going to trip them up? Maybe a K3 ?

[NikLR 13,227]

She doesn't need to prove domicile until the interview.