Wife on TN, German hubby on H1B, problem to get green card?

Hello everyone,

I have a situation that I haven't seen on here yet. I am Canadian and have had at least 5 TN visas (for the same employer). My husband is German and has an H1B visa. My husband is now applying for a green card and I am slightly worried that my TN status will be a problem, due to the 'non-immigrant' nature of the TN visa. Obviously by applying for a green card (via my husband) I am showing intent to stay in the US permanently. Our two children are US citizens (both born in the US).

Does anyone have any insights into this situation? Specifically, will we run into problems due to my TN status? Theoretically I could quit my job and get an H4 visa if it looks like I'm guaranteed problems by staying on the TN, but of course I'd prefer not to do that.

Thanks for the help.

Until you file your own i-485, as part of your husband's process, you are not exhibiting immig intent. And when you do file I-485, all you need to do is make sure you have 3-4 months left on TN, and stay in US while you get your AP/EAD which takes about 2-3 months. Then your status and work authorization will no longer be TN, and you don't have to worry about that anymore.

You can be on EAD until you get Green card.

Thanks Agnelson, this puts my mind at ease.