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Sonicmoj

Husband on H1B and wife on TN

By Sonicmoj in Work Visas

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Sonicmoj Newbie

Sonicmoj   0

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Hi,

 

Both my wife and I are on work visas.  Myself (H1B) and my wife (TN).  My I-140 is approved (EB2) and being Canadian, my priority date is current.  We currently commute from Windsor to Detroit daily for work.  Would there be any issue if we move across the border on our current work visas?  Is it possible that we may experience some issues at the border from customs if they might be suspicious for my wife to have preconceived immigration intent with her TN and myself on an H1B?  I'm just not sure if they would prevent us from moving across the border.  My plan is to file AOS and my wife would not be included on the petition.  She will continue on TN for the foreseeable future until I receive my GC and then I would sponsor with F2A via consular processing.

 

TIA

 

 

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

The plan as stated is allowed since H-1B permits immigrant intent and she would not be planning to do AOS.

Whether CBP would be convinced of her intent to return home or not is up to them. Normally TN holders do not have an issue, but every entry decision is up to them.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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igoyougoduke Experienced

igoyougoduke   1,656

Posted
Filed: Lift. Cond. (apr) Timeline
Posted (edited)
On 5/30/2020 at 10:33 AM, Sonicmoj said:

Hi,

 

Both my wife and I are on work visas.  Myself (H1B) and my wife (TN).  My I-140 is approved (EB2) and being Canadian, my priority date is current.  We currently commute from Windsor to Detroit daily for work.  Would there be any issue if we move across the border on our current work visas?  Is it possible that we may experience some issues at the border from customs if they might be suspicious for my wife to have preconceived immigration intent with her TN and myself on an H1B?  I'm just not sure if they would prevent us from moving across the border.  My plan is to file AOS and my wife would not be included on the petition.  She will continue on TN for the foreseeable future until I receive my GC and then I would sponsor with F2A via consular processing.

 

TIA

 

 

why would you not do consular processing for I-485  in canada( both you and your wife can get green card at the same time )  instead of doing F2A ?

Edited by Donald120383

duh

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Sonicmoj Newbie

Sonicmoj   0

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On 6/7/2020 at 5:20 PM, James120383 said:

why would you not do consular processing for I-485  in canada( both you and your wife can get green card at the same time )  instead of doing F2A ?

I wasn't aware of that option.  That's definitely a better route.  I thought I-485 only applies when you live in the US?  I didn't know you could file I-485 for consular processing while living in Canada. 

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
Just now, Sonicmoj said:

I wasn't aware of that option.  That's definitely a better route.  I thought I-485 only applies when you live in the US?  I didn't know you could file I-485 for consular processing while living in Canada. 

You must be physically within the US to do an I-485.

She cannot enter with her TN visa to file AOS. Her visa does not permit immigrant intent. Your H-1B does so you can.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)

That said, she should be able to get an interview abroad for a dependant immigrant visa using the same petition. An I-824 may be required to have USCIS send the petition to NVC for processing.

Note that the EO banning immigrant visas would apply either way.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Sonicmoj Newbie

Sonicmoj   0

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59 minutes ago, geowrian said:

That said, she should be able to get an interview abroad for a dependant immigrant visa using the same petition. An I-824 may be required to have USCIS send the petition to NVC for processing.

Note that the EO banning immigrant visas would apply either way.

 

 Great thanks for the information.  I'm going to pursue that route instead.

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igoyougoduke Experienced

igoyougoduke   1,656

Posted
Filed: Lift. Cond. (apr) Timeline
Posted
2 hours ago, geowrian said:

That said, she should be able to get an interview abroad for a dependant immigrant visa using the same petition. An I-824 may be required to have USCIS send the petition to NVC for processing.

Note that the EO banning immigrant visas would apply either way.

 

On 5/30/2020 at 10:33 AM, Sonicmoj said:

Hi,

 

Both my wife and I are on work visas.  Myself (H1B) and my wife (TN).  My I-140 is approved (EB2) and being Canadian, my priority date is current.  We currently commute from Windsor to Detroit daily for work.  Would there be any issue if we move across the border on our current work visas?  Is it possible that we may experience some issues at the border from customs if they might be suspicious for my wife to have preconceived immigration intent with her TN and myself on an H1B?  I'm just not sure if they would prevent us from moving across the border.  My plan is to file AOS and my wife would not be included on the petition.  She will continue on TN for the foreseeable future until I receive my GC and then I would sponsor with F2A via consular processing.

 

TIA

 

 

check your I-140 application through your law firm. They would have either checked AOS or Consular processing. If law firm checked consular  processing you or your law firm will get a notice to file for immigrant visa and you follow the steps.

 

If your law firm filed AOS in I-140 than you need to convert AOS to CP by filing I-824 form. Once its approved than you follow the step above. Either ways NVC will contact you  once your file is ready for embassy processing 

duh

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Sonicmoj Newbie

Sonicmoj   0

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3 hours ago, James120383 said:

 

check your I-140 application through your law firm. They would have either checked AOS or Consular processing. If law firm checked consular  processing you or your law firm will get a notice to file for immigrant visa and you follow the steps.

 

If your law firm filed AOS in I-140 than you need to convert AOS to CP by filing I-824 form. Once its approved than you follow the step above. Either ways NVC will contact you  once your file is ready for embassy processing 

Will do.  Thanks for clarifying.  I'll reach out to my employer's law firm to inquire about the I-140.

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