Other Immigration Law Consular processing - new process

[Ybatot]

I am American and my husband is Canadian. We just applied for his permanent residency via the consular processing. But now since the process has changed and we had to mail to where I live in Texas. Does this increase the waiting time? I've read on the internet it can take between 4 months to 12 months.

Also, Can my husband apply for the TN visa while waiting for the permanent residency to go through?

One last thing, If no on the TN visa. Can he stay with me in the US as long as he leaves the country every 6 months or does that mean he can't stay more than 6 months in a year? I don't want him to be banned.

p.s. We've been married for 6.5 years and have 2 kids, so it's obviously not a marriage just for a green card. Not sure if that makes a difference with this at all.

Thanks for your help.

 

[muggsyj]

This is not legal Advice!


Hey,

Your quote; "I am American and my husband is Canadian. We just applied for his permanent residency via the consular processing. But now since the process has changed and we had to mail to where I live in Texas. Does this increase the waiting time? I've read on the internet it can take between 4 months to 12 months"

This is normal time to process because of the back log of work the immigration office has, so do not be alarmed there. As for him leaving the country, as long as he is in status with his i95 and is in process, then there is no problem with him staying with you until his results arrive. Your situation is very different to most and i cannot forsee any problems, if all your statments are correct. Do not try and rush or confuse your situation, immigration matters should be kept clear and to the point if you start to rock the boat you claim may take even longer. This is a frustrating and lengthy process but well worth the patience in the long run.

If you are not 110% sure of any of the above then you should seek legal advice from your local immigration attorney.

Take care and good luck.

Mark.

 

[Ybatot]

Apply for TN visa while in counsular processing for green card

So do you think it is unwise for him to apply for a TN Visa? Since it has the intent for a temporary visa and we have already applied for his permanent residency card?

We opted for consular processing because we heard it was faster? Is that still the case?

Also, you mentioned i95, what is that? I just worry that if he stays with me over 6 months that he will be illegal? I just don't want him to get banned from the US.

 

[muggsyj]

This is not legal Advice!


An i95 is the status he is in when he arrives, you should see a an immigration advisor in your area. I think it would be around $150.00 for a consultation and money well spent to put your mind at rest.

Having a visa and being in status are completly different things. I have given you the best free advice I can. Just remember try not to rock the boat.

Good luck, like I said before I forsee no major problems just some red tape the same as everyone else.

Good Luck


Mark.

 

[muggsyj]

sorry i94, it been a long day!