MicrosoftM1CR0S0FT

I (TN-1) am giving up an awesome job offer because my spouse can’t work with a T-D visa 😑

I am a Canadian citizen and my spouse is a Chinese citizen with Canadian permanent residence (PR). I recently got a job offer (TC$620k) that requires me to relocate to the US. We were all happy until HR explained to us that, while my spouse will obtain a TD visa to move South together using my TN-1 visa, they won’t be able to work at all, only study. The US has such a stupid immigration system. Apparently TN-1 visas are only good for young and/or single people, or at least people without children willing to make some compromises.

Pinterest ttTttTttl Feb 22

What’s the problem? With 620k USD TC your wife won’t need to work. You should be grateful we are even letting you guys in our country. Try obtaining green card or permanent residency in China. Near impossible.

Microsoft M1CR0S0FT OP Feb 22

Grateful, LOL … taxes. Also, I’m the wife.

VMware taipeiman Feb 22

@pin is sexist 😮😮

RBC money! Feb 22

How many physical days still needed for your spouse for Canadian Citizenship? If it’s less than 1 years you can leave him here and you take the opportunity. Is he working in Canada?

Microsoft M1CR0S0FT OP Feb 22

Spouse has no intention of renouncing their Chinese citizenship and their employer has no presence in the US so they would need to find a new job willing to sponsor their own TN-1 visa.

RBC money! Feb 22

But how will they get TN-1 visa, without taking Canada citizenship?

IBM Beeing Feb 22

Is it possible for your spouse to switch to a different visa later on? What about staying somewhere close to the border so they can continue their current role? P.S. Chuckled at how some commenters assumed your spouse is the wife

Microsoft M1CR0S0FT OP Feb 22

Based on cursory searches, spouse could use the T-D visa to go back to school on F-1 status, then get a post-graduation work permit for 1 year called OPT, and in that time try to apply for jobs that could sponsor an H-1B visa. Alternatively, I could try to convince the new company to temporarily hire me in Canada for one year, then transfer to the US on L-1. As an L-2 dependent, my spouse can get an EAD card that will allow them to work. Finally, ask the company to sponsor my Green Card after 5 years.

IBM Beeing Feb 22

FYI for your spouse to get to H1B they'd have to go through a lottery system, which can be a hit or a miss. There are certain jobs that are cap-exempt (like working with non-profits, universities, etc) that don't have to go through the lottery. Alternatively, would the company be willing to sponsor you for H1B in the future? Once you are on H1B, your spouse can get H4EAD. Or are there other avenues for you getting a green card, perhaps through EB1C?

NASA SG1SGA Feb 22

Without children?

Microsoft M1CR0S0FT OP Feb 22

No children yet but I’m not getting any younger so I would like us to get pregnant in the next 2-3 years, which makes our timeline a bit complicated. I guess having a house husband is an option too.

Dropbox 5yoe460k Feb 22

Change spouse? As a Canadian in the US, I'd sooner get rid of my SO than go back to Canada.

Microsoft M1CR0S0FT OP Feb 22

I love my spouse LOL we’ve been a happy married couple for over a decade and, honestly, except for the salaries, life in Canada is much better.

Dropbox 5yoe460k Feb 22

I love my SO too, but life in the US is much better than life in Canada

Uber Vlkq17 Feb 22

Exact same situation. We just do long distance until I can finish PERM and she can get h4 ead . I was on TN for 3 years before getting my h1b. Depending on current TC, it’s worth it. We even had a kid in the mean time

Hubspot 😮‍💨🐈‍⬛ Feb 22

It sucks, but I stayed 4 years without work authorization for my husband’s work opportunity. We decided to have children during this time, but it looks like it will not work for you. Yes, immigration system doesn’t make much sense.