TN visa to green card with common-law partner

voyager6868
CanuckAbroad Regular



Joined: 13 Apr 2008
Posts: 50
Location: Waterloo

Posted: Sun Apr 13, 2008 7:25 pm

 

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I may be starting a job in September (assuming on a TN visa, since I don't think green card through EB2--I have a job-required PhD--could be processed by then?). The problem is my common-law partner and what he would do while we were there. He can enter with a B-2 along with my TN according to this:
travel.state.gov/visa/laws/telegrams/telegrams_1414.html

My partner's degree is a Bachelor of Commerce (specialty was Hotel & Tourism Management), so I think the only TN visa possible for that would be a Hotel Manager, but that's not something he would want to do in the long-term. Next option is H1B, but that wouldn't happen until at least October 2009 and again is not a long-term solution. So, final option is EB3 which is about a 3-year wait right now.

Obviously, once I have my green card, getting him in with a B-2 is no longer possible, so he would have to have a hotel manager job (TN), H1B, or also have a green card (through EB3). The other option is for him to go to school in the US for a Master's and get an F-1. And of course, he would have to cross separately.

If none of that is possible, I think our only option is for me to stick with TN and not move to a green card until he has his own way into the US, so he can continue to renew his B-2 while I have my TN. Probably the safest thing is to wait until we both are able to return to Canada for green-card interviews at the consulate. Just not looking forward to a 3 or 4 year wait for that when I could get mine in a relatively short time.

Just curious if any of you have any other options, or have I pretty much covered all the possibilities?

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voyager6868
CanuckAbroad Regular



Joined: 13 Apr 2008
Posts: 50
Location: Waterloo

Posted: Wed Apr 30, 2008 12:47 am

 

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Just to follow up on this, in case anyone is in the same situation. Attempts are currently being made to pass UAFA (Uniting American Families Act) which would allow permanent (same-sex) partners to qualify as spouses for immigration purposes.

So, another option is to hope this bill passes in the near future (will be early next year at the earliest), and then include my partner on paperwork once my EB-2 goes through.

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