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Hi Peter

I'm late to the party. Posting on the off chance that you are still around. Any reply appreciated, even a couple of words.

Question:

How should I think about entering the US and gaining permission to work?

Background:

Canadian citizen, married to a (naturalized) US citizen (10+ years, kids), and am the breadwinner in our family.

Worked on System Analyst TN1 for 5+ years, switched to H1B until the renewals ran out, then back to TN1.

Moved out of the US in 2012, now living in Japan.

We're considering to move back but don't have a clear idea of what doors are open and which one to aim for.

TN work permission seems unlikely because I've had so many of them and hard to argue "temporary" when I have a US wife and kids. Greencard, on the other hand seems unlikely because they disregard my current income and earning potential and want my wife to prove she can support me. What is the smart approach?



Your wife could move to the US, get even a minimum wage job, and sponsor you for an IR-1. This would require living apart for probably at least a year.

Or, if she has any family or friends in the US, they can sponsor you. This is what I did for my wife's visa - my brother sponsored her.

Or, if you have some savings, you can use that instead of income. Savings counts 1/3 as much as income.

Or... you really should not go to the US on the visa waiver program with the intention of filing for adjustment of status after arriving. But, if you do enter the US without that intention, you can then file for adjustment of status.

I would not bother filing for any other type of visa, personally. Permanent residence will, among other things, make the job search easier.


Thank you for your suggestion tsuyoshi.




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