Work Visa and Marriage

[alexsmith222444 0]

I have a Green Card and my wife to be lives in Canada. Her job is willing to transfer her to the US on a work Visa (not sure which visa it is...TN, H1B, etc...). If she comes down here on her work visa, and we get married, can I still petition for a I-130 for her in the while she's working in the US through her employer? In other words, if she is on a work Visa in the states, and has my I-130 petition (F2A - Spouse of a PR) being processed in the background, will this cause any problems?

[Mollie09 1,543]

Technically no, but you have to see if it's TN or H1B. TN is not dual intent, so entering on a TN with intent to adjust status is immigration fraud. H1B is dual-intent, so no worries with that one.

Also, not sure if you have to be a Canadian citizen to have a TN? Is she?

Edited November 5, 2016 by F1H1I130

[alexsmith222444 0]

Technically no, but you have to see if it's TN or H1B. TN is not dual intent, so entering on a TN with intent to adjust status is immigration fraud. H1B is dual-intent, so no worries with that one.

Also, not sure if you have to be a Canadian citizen to have a TN? Is she?

I'm so glad I've asked.... I've never heard of "dual intent". Can you please provide more information on where I can find information on this?

Yes she is a Canadian citizen.

[Penguin_ie 5,993]

You can look up different visa types on the USCIS website; dual intent means the visa is NOT an immigrant visa by itself, but you are allowed to want to stay and have plans to do so (such as by marriage to a greencard holder or citizen).

[alexsmith222444 0]

You can look up different visa types on the USCIS website; dual intent means the visa is NOT an immigrant visa by itself, but you are allowed to want to stay and have plans to do so (such as by marriage to a greencard holder or citizen).

Thank you kindly