Question about spouses and dependants.

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lisa_guy
Posts: 6
Joined: Wed Jun 27, 2007 9:32 pm

Question about spouses and dependants.

Post by lisa_guy » Fri Nov 16, 2007 10:31 pm

My husband is currently on a TN in CA and the rest of us are on TD's. He is being offered a new job in NY where they would want him to get a GC. They are going to sponsor him for an EB-1.

What does this mean for myself and our kids only 1 was born in the US. I am getting nervous because everything we have read says that we are not allowed to be here with him while applying for the F2-A. Is there anyway we can stay with him legally in the US until an F2-A becomes available?

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

Post by nelsona » Tue Nov 20, 2007 10:03 am

Not sure what your situation is. Getting a GC thru employment (EB) or thru family (F) sponsorship is the same in terms of TN.

Once an I-485 is submitted, you all need to get off TN/TD and go to EAD to work and AP to travel.

Employemnt based GC is much quicker to gett (unless thruy direct marriage to a US citizen), so he should be pursuing this route.

He just has to do this with atl; eat 4-5 months of TN left before submitting I-485.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

lisa_guy
Posts: 6
Joined: Wed Jun 27, 2007 9:32 pm

Post by lisa_guy » Tue Nov 20, 2007 11:54 am

Thanks for the response Nelson. I am still a bit confused though. Here is more info.

He is being offered a tenured position at a University. Right now they are writing a TN letter as a stop gap since the position starts Jan 1. Then they are planning to sponsor him for his GC. If I read correctly he can apply for an EAD as soon as the paperwork is filed.

But what about myself and our cdn sons (both under 6years). I am assuming our US son would be okay since he is a citizen. How would we all be able to stay in the US with my husband. Am I eligible to apply for an EAD? What would we do for the kids?

I just want to make sure we understand the process and stay legal.

nelsona
Posts: 15980
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Tue Nov 20, 2007 12:03 pm

My confusion was your mention of an F2-A green card. This doesn't apply to you. Your husband will sponsor you as part of his Employer's process, and you will all get GCs at the same time.

An immigration atty will certainly be used by the school to file both the TN and the subsequent Grreen card process. As long as they are informed about his dependants, they will file the necesary paperwork for you.

In short, when he submits the paperwork for his GC (I-485), you and your non-US children will also file for a GC at the same time. Along with these filings you will request EAD and APs to work and travel. But it will be the filing of the I-485 that will keep you legal, even if your TD should expire.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

lisa_guy
Posts: 6
Joined: Wed Jun 27, 2007 9:32 pm

Post by lisa_guy » Tue Nov 20, 2007 12:08 pm

Thank you for cutting through the legalize for me Nelson. You have just made my ulcer disappear.

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