GC commuter to GC, spouse on TN to GC

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dorins
Posts: 49
Joined: Sat Feb 21, 2009 2:56 pm

GC commuter to GC, spouse on TN to GC

Post by dorins » Wed Aug 24, 2011 10:46 pm

Currently both me and my spouse living in Windsor and commuting to MI.
I have GC (commuter) and my spuse TN.
We plan to move to US, but I need to make sure my souse's employment can continue. Her current employer is willing to direct hire her only if she has GC; at this time my spouse works there as contract through an agency.

1. Move to MI.
2. I apply for AOS I-485.
3. At the same time, I file I-130 for my spouse, a I-765 EAD adn a I-131 AP.
4. I need to ensure her TN has enough ":life" in it so it lasts until EAD is approved.
5. My wife cannot go back to Canada until I-131 is approved.

Do I have the right steps? Is my wife's TN jeopardized by the dual intent?

Thank you
Cheers

nelsona
Posts: 15951
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Thu Aug 25, 2011 6:15 am

comments:
3. I'm not 100%sure on the mechanisms of her getting Gc. however, YOU do not apply AOS to get your GC, you merely submit an I-90.

Also, you don't submit an I-130 for your spouse. She would be getting her GC by filing an I-485 based on your initial GC petition, only if married to you before you got your GC. That would mean your original priority date would have to be current.
If you filed an I-130, that would mean YOU were sponsoring her, which would put her in the category of spouse of GC, whcih would take several years before being allowed to file I-485.

No, both your GC;s are based on the original process you went through, so I hope you were married at the time you got your GC, and that your priority date is available for your category.

5. Your wife can travel after I-131, but if she wants to keep her job, she needs to wait until her EAD is approved too. She would have no work status if she enters on AP, this would need EAD>
Nelsona Non grata. Non pro. Search previous posts. Taking period between now and June off. Will only answer sporadically.

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