Read the general life across the border overview
Divorce proceedings are under way while the household plans a move and dependent applications. Record the present legal marital status and every relevant order with its effective date. A former spouse cannot rely on a marriage that has legally ended to establish eligibility as that principal's spouse. Have the consequences for existing status, pending applications and planned travel assessed individually, rather than assuming a document's printed expiration resolves them.
State the situation exactly as it stands today
Record whether the parties are married or separated, whether proceedings have been filed and whether any judgment is final, each with its date. Keep dated copies of the filings and orders rather than a summary written from memory. Avoid describing the situation as divorced, or as still married, because one label is more convenient to enter on a form. Dependent categories rest on the actual relationship, so an inaccurate description creates a problem later even when it seems harmless at the moment it is written.
Collect the orders that govern the children
Parenting and custody orders may control where a child lives, who consents to travel and what notice a move requires. Gather them before a date is promised to a school or an employer. TD status is available to a spouse and unmarried children under twenty-one, who may study but are not authorized to work by that status. Ages and status expiry dates carry consequences that should be assessed under the applicable rules with the person reviewing the file, rather than estimated from a general summary or from what another family reported.
Ask for individual review before anyone commits
Hypothetical example: a spouse hopes to accompany the household and work, while the proceedings may conclude either before or after the planned move. The sequence changes what is true on the day of an application, so it belongs among the questions rather than inside an assumption. Keep family-law questions and immigration questions on separate lists, note which professional owns each, and identify the decisions that cannot be made until an order issues. If a new partner is part of the plan, living together does not by itself create a spousal category.
The order, its effective date, and what it does not decide
Files describing a contested separation tend to carry a lawyer’s summary rather than the order. A summary states an outcome; the order states an effective date, and the effective date is what an application asks about. Obtain a dated copy of each order as issued, interim orders included, and keep them in the sequence they were made. Where nothing has issued yet, record that as the present state rather than describing an expected one. The conditions do not move with the proceedings: dependent categories rest on the actual relationship on the day the question is asked, TD status is available to a spouse and unmarried children under twenty-one who may study but are not authorized to work by that status, and a former spouse cannot rely on a marriage that has legally ended. Hypothetical example: an insurance claims manager’s interim parenting order permits a move with notice, and the notice period rather than the hearing date governs the household’s planning.
What else is on your mind?
Is a matching job title enough for TN?Can years of experience replace a degree for TN?Can my own U.S. company employ me under TN?Can my spouse work if I hold TN status?Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.