Adjustment of Status vs. Consular Processing (Canadians on TN & O1)

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My spouse is on a TN and I am on an O1 visa. Our visas are valid till 2024. We are both Canadians citizens with passports. 

 

My I-140 has been approved, and I must now decide if we want to apply for Adjustment of Status (AOS) or Consular Processing (CP). I have identified pros and cons of each below.

 

Consular Processing

• It is possible to expedite CP for both of us based on my occupation as a Physician treating COVID patients, researcher publishing on COVID. Spouse would be a beneficiary under my I-140 petition and thereby receive expedited processing by association.
• Given that Spouse is on a TN however, re-entering the US after expressing Immigrant Intent by applying for CP could be tricky, and there is a potential for denial of entry.
• We have to exit the US for our medical exam in Canada, and exit again for the final Consulate Interview. Spouse can try to convince CBP officers that they plan to leave the US before changing status from TN, but this is not guaranteed.
• If our Immigrant Visa Petition is denied for any reason after the consulate interview, then Spouse will not be allowed back into the US on a TN and lose their job. They may never be allowed to be on a TN ever again due to past Immigrant Intent?

 

Adjustment of Status:

• AOS and AP cannot be expedited
• EAD may be expedited for me since I am a Physician,  but not my Spouse.
• After submitting AOS, Spouse must stick with their current employer until EAD is approved, and is not allowed to renew their TN.
• While in AOS, we will both continue to have our jobs but must remain in US.
• Once AP & EAD is approved, then we would be free to travel and change employers if needed.

 

In your opinions, which would be the better scenario and why?

Edited July 19, 2022 by MapleStory