I-130 filed; a way to stay/work/visit in the interim?

[hansven 3]

I'm a USC petitioning for my Canadian wife. We're about to send off the I-130 for the IR1 route. From all the info on VJ, it looks like we're in for 9-10 months of separation, as I head to the US soon to begin a new job.

If I understand correctly, we're sort of out of options:

- TN visa is not possible for her given that I'm a USC

- H-1B / I-140, despite being a dual intent visa, is not possible for her since she's the spouse of a USC

Is this all correct?

Any other ideas for allowing us to stay together for at least part of the next 9-10 months? We have adequate savings such that she needn't work, but from what I gather that doesn't matter. If any other Canadian-American couples can offer some tips, we'd appreciate it! We'd at least like to spend vacations together, so it'd be nice if she can fly to the US to visit me without problems.

Thanks for any help...

[Harpa Timsah 13,258]

That is not correct. Being the spouse of a USC does not preclude those options.

[Rob & Monika 87]

Visits should be ok. She's allowed up to 180 days in the US per visit. There really is no clear black and white here what she will be able to do aside from that, since Canadians generally are at the discretion of the border guard(s) that she talks with. When she tries to enter the US, she could get denied right from be beginning, or on subsequent visits. If the border thinks her trip is really a move to the US, they will deny her entry until she has her visa. Many people have no issues visiting for several months at a time.

One other thing to consider, you don't want her to lose her provincial health care by "residing" in the US if she is ineligible to be on your healthcare without a SSN.