Filing I-130 Petition for TN Visa Worker

In order to sponsor his/her spouse for a green card, a U.S. citizen must file an I-130 petition on behalf of his/her spouse. This form requests information about the U.S. citizen and his/her marriage to the TN visa worker.

I-130 Petition Supporting Documentation

  • The I-130 must be submitted with documentation to evidence the bona fides of the U.S. citizen's marriage to the TN visa worker such as:
    • Documentation showing joint ownership or property
    • Documentation showing joint tenancy of a common residence
    • Documentation showing co-mingling of financial resources
    • Birth certificate(s) for any children
    • Affidavits from individuals having knowledge of the marriage
  • Generally, the I-130 submission should also include the following (additional items may be required):
    • Proof of the petitioner's U.S. citizenship (e.g., passport, birth certificate, naturalization certificate)
    • The couple's marriage certificate
    • Any divorce records (for both petitioner and TN visa worker)
    • Passport-style photos of the petitioner
    • G-325A from the petitioner  
  • Copies of documents may be submitted initially, but originals of these documents may be required during the interview.

Examination of I-130 Petition

  • An immigration officer's primary concern with respect to this type of I-130 petition will be to confirm that the TN visa worker did not enter into the marriage solely for immigration purposes.
  • An immigration officer will consider the following as indications that an individual may have entered the marriage solely for immigration benefits:
    • Large disparity of age.
    • Inability of the U.S. citizen and the applicant to speak each other’s language.
    • Vast difference in cultural and ethnic background.
    • Family and/or friends unaware of the marriage.
    • Marriage arranged by a third party.
    • Marriage contracted immediately following the applicant’s apprehension or receipt of notification to depart the United States.
    • Discrepancies in statements on questions for which a husband and wife should have common knowledge.
    • No cohabitation since marriage.
    • The applicant is a friend of the family.
    • The U.S. citizen has filed previous petitions on behalf of other individuals, especially prior spouses.

Children of TN Visa Worker

  • If also seeking permanent resident status, a U.S. citizen must file a separate I-130 petition for each of the TN visa worker's own children. 8 C.F.R. § 204.2 (a) (4).
  • This is unlike I-130 petition filings for individuals under the Family-Based preference system, in which children may be included on the same I-130 petition.

More Information

  • INA § 204 (b).
  • 8 C.F.R. §§ 204.1 and 204.2.
  • AFM § 21.2 – § 21.3.