Moving my family to the US is SO CONFUSING!

A British citizen who is trying to enter the US on a TD status, would most definitely need to acquire that at the US consulate. TD status at POE is only available to Canadian citizens, spouses of other nationalities have to apply at the consulate.

Actually, you can't just "apply for green card" from TN status. It's rather more complicated than that.

Why people say that you need visa to enter the US? I believe British citizens don't require US visa and they can be in the country for up to 90 days. Would there be a problem if you show up at the POE with your British passport and your Canadian permanent resident card, proof of your wife's TN status and get your TD stamp from the officer?

Absolutely yes, that would be a problem. What you're talking about is the Visa Waiver Program which allows citizens of some countries (such as the UK) to VISIT the US as a tourist without needing to obtain a visa in advance. This is VERY different from moving to the US to live and/or work. Canadians do NOT need a visa for this purpose (visa, in this sense, meaning a stamp in your passport issued by an embassy or consulate). However, citizens of all other countries must apply for a visa in advance of entry.

What complicates this situation is that (a) she is a Canadian and he is not and (b) his TD visa is totally dependent on her TN status. She must get the TN before he can apply at the consulate for the TD. However, she can only get the TN at a POE. She must do that first before the application for a TD can be processed at the consulate.

Also, while on TN/TD in the US you can apply for green card, you have a good chance, especially that your wife has this qualification that is not common in the US, her employer would probably help you with green card application support.

No. This is most definitely not true. TNs are not dual-intent meaning that you are generally not permitted to remain in this status while also having an application for an employment-based green card in place. There are some situations where this is possible but it is very complicated and tricky, it is not a simple process at all.

Additionally, the employer would not be able to process a green card application on behalf of the husband unless he was also employed for that company.

Our agency has now mentioned that she can enter on a TN1 but I cannot as I am not a Canadian Citizen. Is this true as up until now they have said no problems for me. Now I do not NEED to work in the US really as my business will primarily be in Canada anyway, so will they let me move with my wife and our kids? I remember reading that there is a way for family members to go with there 'other halves' and not work but now I can find no information on whether this works for a PR of Canada?

You need a TD visa, you apply at the local consulate, she gets TN-1 first at the POE and then with proof of that you get TD, the application process is basically the same as for a visitor B visa but you need a copy of her I-94 with the TN-1 stamp on it as well. At least you can do it that way, there may be a simpler method but there is no TN-1 visa per se. Have a look at http://www.amcits.com at the application requirements, I'm not sure if TD is listed but B is.

Also now I am getting horror stories saying our children will not be allowed to attend school as they will have no SSN and I won't be able to drive with no TN visa as I won't have an SSN either??

That's bollocks, to use a UK phrase. Not having an SSN does make life a bit more complex but it's not really necessary, it is handy to have a letter from the SSA to say you don't qualify for one when you go to the DMV, register the kids at school etc.

File a W-7 when you open a US bank account and get an ITIN instead.

-- Tue May 19, 2009 11:16 am --

Ok so using your advice I looked on the website suggested for the US consulate. After some careful reading they say (as do you) that I do infact have to attend a US Consulate for my TD visa and that at the same time my Wife has to attend with her or FOR her TN visa. If applying for her TN visa at the same time then the children would also attend to receive there dependant visa's. It will slow us down a little having to go the Consulate however they are generating appointments within the 6 wk time frame so that's not to bad.

First I've heard of this, my understanding was that TN-1 visas were abolished in 2003, although this is a slightly unusual situation. Even if you do it this way, you can do it by getting your wife and kids to go to the POE, it will save some money I suspect. It makes sense that you can do it altogether, but when you work out all the fees it's probably quicker and cheaper for you to get the TD separately at the consulate.

There are ways around it, the most common one I think is to put a Canadian address on the I-140 so when the visa number comes up you have to leave, go to the interview and then re-enter. There may be other ways around it.

Adjustment of Status is not possible from TN/TD status though. Is it?

I think you're mistaken, Steven. We don't have a Canadian address anymore and all the forms showing our US address. From what I understood from lawyers, they've filed 2 types of docs on our behalf: 1) adjustment of status, so we can continue to be legally in the US once the TN/TD visa expires, while the green card application is processing, and 2) green card application.

The official USCIS line is that because TN-1 comes from a NAFTA provision that talks about "temporary" employment, that it's not dual status and a person cannot seek LPR status from it because that means the person has immigrant intent.

However there is a similar situation with the marriage thing, where people go in as a visitor and then apply for AOS even though technically they were supposed to have non-immigrant intent.

Obviously you could be there on TN-1 and then your intent changes, depends on what USCIS thinks when they review the application.

I remember TNVisaExpert saying he had seen USCIS approve employment-based AOS for people in TN-1 on occasion, but the usual advice is to use a Canadian address or change status to something that does allow for immigrant intent like H-1B first.

PM TNVisaExpert because he will be in a better position to comment on it.