Can I get a TN Visa?

[Danii 312]

Hi everyone. My husband is a USC and I am Canadian. I submitted my i130 in January 2020 and still waiting for approval. I've heard that the interview wait time at the consulate in Montreal is almost about a year. I'm honestly expecting the worse and think my i130 won't be approved for another few months. This means I probably won't get an interview till 2022. 

 

On top of being long distance with my partner for 5 years, I'm a recent graduate in a field that is more prominent in the states and am having a really hard time securing anything in Canada. I had planned my future life around moving to the US as soon as I was done school, so to think I may be unemployed for over 1-2 years because of the slow process is really devastating to me. I've had a few interviews with US companies but don't know how to proceed. I know I am eligible for a TN Visa and I've read about some cases where people with a pending or approved i130 were able to successfully get their TN. I'm just worried I will try and get denied, which would really look bad on my part (the field I aim to work in is verY close knit, I fear that word might spread that I am completely ineligible to work in the US). Sometimes I wish I could cancel my i130 If someone could advise me about my options with regards to working in the USA before receiving my spousal visa, I would really appreciate that. Thank you. 

Edited December 14, 2020 by Dania A

[Boiler 45,519]

Do you have a job offer from a US company that is willing to go through the TN process?

[Danii 312]

20 minutes ago, Boiler said:

Do you have a job offer from a US company that is willing to go through the TN process?

Not yet, but during the interview process, I was informed they are willing to go through the process. However, I did not explain that I have a pending i130. I want to figure this out before I hear from them, so I can decline properly if I am not eligible for the TN. 

Edited December 14, 2020 by Dania A

[HRQX 4,145]

41 minutes ago, Dania A said:

a TN Visa

Also note that you have the option to apply at a designated POE: https://www.uscis.gov/working-in-the-united-states/temporary-workers/tn-nafta-professionals

If you are a Canadian citizen, then you are not required to apply for a TN visa at a U.S. consulate. 

You may establish eligibility for TN classification at the time you seek admission to the United States by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. You must provide the following documentation to the CBP officer:

• Proof of Canadian citizenship;
• Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, and your educational qualifications; and
• Credentials evaluation (if applicable), together with any applicable fees.

Please refer to CBP’s website for additional information and requirements for applying for admission to the United States.  If a CBP officer finds you eligible for admission, you will be admitted as a TN nonimmigrant.

[Danii 312]

1 minute ago, HRQX said:

Also note that you have the option to apply at a designated POE: https://www.uscis.gov/working-in-the-united-states/temporary-workers/tn-nafta-professionals

If you are a Canadian citizen, then you are not required to apply for a TN visa at a U.S. consulate. 

You may establish eligibility for TN classification at the time you seek admission to the United States by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. You must provide the following documentation to the CBP officer:

• Proof of Canadian citizenship;
• Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, and your educational qualifications; and
• Credentials evaluation (if applicable), together with any applicable fees.

Please refer to CBP’s website for additional information and requirements for applying for admission to the United States.  If a CBP officer finds you eligible for admission, you will be admitted as a TN nonimmigrant.

If meet all the criteria but I have the pending i130 application, does that make me ineligible? Or is that something I can only find out once I apply?

[HRQX 4,145]

2 minutes ago, Dania A said:

I have the pending i130 application, does that make me ineligible?

Not automatically. It's overcoming the legally required presumption of immigrant intent that is complex while I-130 is pending. See INA 214(b).

[Ryan H 3,812]

Moved from IR-1/CR-1 Progress Reports to Work Visas forum.

[MLH2020 0]

We are in a similar situation. Husband is Canadian and we filed our I-130 April 2020. He's is applying for positions right now in the US with the intention to get a TN since it doesn't look like we are getting processed any time soon. It just occurred to me that the one could hurt the other. Curious if you found out any more information...

[Danii 312]

On 1/28/2021 at 2:50 PM, MLH2020 said:

We are in a similar situation. Husband is Canadian and we filed our I-130 April 2020. He's is applying for positions right now in the US with the intention to get a TN since it doesn't look like we are getting processed any time soon. It just occurred to me that the one could hurt the other. Curious if you found out any more information...

I don't think it's worth it anymore. I realized that once you get an interview letter (about a month before the actual interview), you will need to travel back to Canada, then be subjected to the 2 week quarantine (+ hotel quarantine that costs $2000). You will need to schedule a medical appointment as well, which you can only do after your quarantine. It then takes a few weeks for your passport to arrive with your visa inside it. That means you would have to take 4-6 weeks off from work, unless you can work remotely. I don't think many employers would be willing to do that for you

[HRQX 4,145]

1 hour ago, Dania A said:

I realized that once you get an interview letter (about a month before the actual interview), you will need to travel back to Canada, then be subjected to the 2 week quarantine (+ hotel quarantine that costs $2000). You will need to schedule a medical appointment as well, which you can only do after your quarantine.

Are you currently visiting the US?

[Danii 312]

Just now, HRQX said:

Are you currently visiting the US?

Nope, I am in Canada currently. 

[HRQX 4,145]

1 minute ago, Dania A said:

Nope, I am in Canada currently. 

I was confused by the "will need to travel back to Canada" part.

[Danii 312]

1 hour ago, HRQX said:

I was confused by the "will need to travel back to Canada" part.

Oh, I meant that if I were able to get a TN Visa and enter the US with it, I would eventually need to return to Canada for the CR1 interview. It seems like too much of hassle now because of COVID restrictions. I'm expecting an interview letter June-July, so I guess that's not too bad of a wait.

Edited January 30, 2021 by Dania A