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Canada21

TN visa with a pending spousal I-130

By Canada21 in Work Visas

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Canada21 Explorer

Canada21   19

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Filed: IR-1/CR-1 Visa Country: Canada
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4 minutes ago, Chancy said:

 

Yes.  @HD_BIRDS did --

 

 

That is very interesting. I did lots of reading and never found a proper answer. It seems always discouraged to try to get one while you have an I-130 in process 

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HD_BIRDS Explorer

HD_BIRDS   121

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Filed: IR-1/CR-1 Visa Country: Canada
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1 hour ago, Canada21 said:

@HD_BIRDS Can you please share your TN experience with me? Did you receive your initial one with an already pending I-130?

Yes, I received my initial TN with a pending I-130, which was possible since I was going through consular processing. With consular processing, you are required to leave the U.S. to process the immigrant visa, so it's a loophole around the dual-intent issue. I  have had no problems at all with this during the I-130 processing, when leaving and entering the US, during the TN interview nor the immigrant interview.

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Canada21 Explorer

Canada21   19

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Filed: IR-1/CR-1 Visa Country: Canada
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2 minutes ago, HD_BIRDS said:

Yes, I received my initial TN with a pending I-130, which was possible since I was going through consular processing. With consular processing, you are required to leave the U.S. to process the immigrant visa, so it's a loophole around the dual-intent issue. I  have had no problems at all with this during the I-130 processing, when leaving and entering the US, during the TN interview nor the immigrant interview.

Awesome. Did you hire a certain lawyer for that? Like to write a proper letter to explain to the POE officer processing your TN visa that you have applied for a consulate processing etc?

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Boiler Grand Master

Boiler   45,467

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Filed: K-1 Visa Country: Wales
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Just because you started with Consulate processing does not mean you can not switch to adjusting probably makes a lot of sense to do so 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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