TN Visa, US spouse

[dejaavu 0]

Hi All,

If a Canadian citizen gets a job in the US and his spouse is a US citizen, can the Canadian citizen still get the TN visa? Or is it challenging because the CBP officer might assume the Canadian citizen's intent can be dual since the spouse is American citizen?

[Boiler 45,486]

I do not think the TN is dual intent, having said that I have seen it done.

[dejaavu 0]

TN is a non-immigrant visa. Therefore my concern is they may not allow TN visa since a spouse is American.

[CdnRN 40]

If a person is married to a USC, why not just apply for a green card? TN status is possible to get (I know someone who has had one and renewed it while married), but a green card wouldn't tie you to one employer, and the person wouldn't be out of status if they left that job (and stayed in the US).

[dejaavu 0]

It is just the wait to get a green card is a long; it is about a year or or more thru consular processing.

[CdnRN 40]

I'm no expert (I was already in the US when I got married), but is there no way you can enter and stay and adjust your status?

[dejaavu 0]

I could do that. But I do not want to wait inside the US and not being eligible to work while waiting.

I am not sure if I can travel to the US once the petition is submitted for consular processing...

[Melibelle 10]

Coming in as a TN or a visitor with the intent to immigrate is considered fraud, since they are both non-immigrant statuses - when you accept them you are telling the government that you're going home afterwards. It does seem that people do adjust from these statuses all the time, but there is the extra concern about being able to show you didn't intend to immigrate when you entered.

I'd imagine the only way you could get a TN with a USC spouse would be if you had a lot of evidence of ties to Canada that would ensure your return, but if you really want to immigrate, there are other work visas you could get (H-1, I believe is one), that are dual intent (meaning you can legally immigrate from them), but you would need a company to sponsor you.

[CdnRN 40]

Melibelle makes a good point about the visitors visa. The only reason it works that I can AOS from TN status without it being fraud is because at the time I received it, I didn't intend to immigrate.

[dejaavu 0]

What if people's plans change. Say someone goes to work in the US with the intent to be there for a year and then his spouse who is US citizen and they decide to stay in the US? Can it still be considered fraud?

[Boiler 45,486]

No

[dejaavu 0]

How about G4 visa to work in an international organization?

[Boiler 45,486]

Go for it.

[aaron2020 11,651]

Why are you not going the normal way with the tried and true method - a spousal visa that becomes a green card?

Everyone has to wait.

When you start thinking outside the box and become creative, be prepared for downside when CBP disagrees with your method.

If there was a quicker way to bring a spouse here without the wait, don't you think we would all be sharing it? Why would we not take advantage of it rather than be separated for years?

[dejaavu 0]

Points taken thank you. Sometimes there is a job offer and a job can't wait for six months or a year. That is why I am asking if it is legitimate to apply for those visas and the forum has been hepful. I am aware about the wait times etc.