Bringing Spouse Through TN Status or Other Means

[sunani 0]

Hello - I am a current Green Card holder (received through family means). I received it last year and have not moved to the US yet (I am in Toronto, Canada, last entry to US was in late March or may have been early April), as I am trying to arrange a transfer from my current company here in Toronto to the office in New York.

My question relates to options pertaining to bringing my spouse, a Canadian, to NY. She has her I-130 approved already although her PD is Dec/2013. I noticed today that her category (F2A) regressed back to May/2012. It looks like by the time she gets her GC it will be a couple years away. Thus I am looking at alternatives.

I understand there is the TN-1 status for Canadians but this does not allow dual intent and she already has a pending GC application. Someone told me this avenue can still be taken as long as the border official believes that your entry is temporary and that you will pursue the GC process through regular means through the Consulate in Canada. There is also the H1 visa but she would need a company willing to sponsor her but that seems like a difficult option as her company here has no US operations.

Are there any other options? For example are there any visas that she may be eligible for if the company I work for were to transfer me to the US? For example, I know of L1 status but me being a GC holder means I wouldn't be relocating to the US as an L1 but as a GC holder and thus I don't think my spouse would be eligible for the L2 then.

Any feedback would be appreciated if there are other avenues to consider.

Cheers!

Edited May 7, 2014 by sunani

[jan22 3,064]

The TN visa also requires a sponsoring employer.

[sunani 0]

Thanks, I am aware that she will need a job offer from one of the approved professions (i.e.engineer, management consultant, etc.) to be eligible for the TN. I am also worried that the TN being what it is that even if she gets she may get trouble from a border official about her intent, etc. and be denied. Or does it mean that once she gets the TN and its valid for lets say 1 or 2 years then she will be ok entering/exiting the country during this time.

I was also wondering if there are any other options.