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.
