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.