Very Unique Circumstance - Denial of Entry

[dfwme 0]

I have a business in Canada, I employ my girlfriend, she's amazing at what she does and it's going great.

I expanded to USA (I have dual citizenship). I started up a new company in USA and that's starting to form.

My girlfriend was driving down with her other Canadian girlfriend (who was on a 2 month road trip). They were going to bike around together before coming to see me. They were denied entry to USA because they lacked ties to Canada.

My girlfriend is tied to Canada. She still works for my Canadian company and though she is always helping me no matter what I'm doing, we weren't going to break any essence of the laws by employing her illegally. We were going to have her come down for a bit on a Tourist Visa, then, should she choose to work for the USA side, she could apply for a TN visa (since she's management of my Canadian company)

There's also a visa that applies to companies that are expanding to USA... The L1 Visa. She could also apply for that. Should the TN fail.

And worse case scenario, (6-18 month wait from what i've read), is the fiance and marriage visas.

I didn't expect her to get denied entry to USA for lack of ties... They said she could prove ties and try again tomorrow. She is currently under contract with me, on salary, in Canada.

What should we do? Any official help. Any help?

[Penguin_ie 5,995]

I think if she mentioned anything at the border about working for her US boyfriend who has a dual company, it will be difficult for her to gain entry without a visa in future. What other ties to Canada does she have (lease/ deeds to home, close family, enrollment in university etc)? In regards to working for your company, can you provide a letter as to when she is expected back at your Canadian HQ for work?

[Moosker 7]

I had a good friend who crossed the border to visit family in Canada, she comes back over, the guy completely denies her. She thought she was totally screwed. She goes back a few weeks later and the guy said "so why do you think the last guy didn't let you in?" She said "I don't know, he was having a bad day?" The border agent laughed, said "probably", and let her in. Sometimes they just don't feel like letting you in! She should have pay checks, lease/rental agreement, etc.

Also, I wouldn't mention she works for her boyfriend's company, then they'll think she's trying to cross and stay in the U.S. And an employment letter is a great idea!

Since you don't have any visa processing, I think she should be okay if she proves her ties....

Edited March 29, 2011 by Moosker

[dfwme 0]

Thanks for the responses everyone. After discussing everything, I have come to terms that I need her to run this business down here. I want to offer her a great job (and this position will help create about 15 jobs, so it truly is good for the country).

I'm looking for more information on the TN or L1.

She could technically be a management consultant. There's nothing fraudulent about getting her a visa on that, but I've heard that of all the visas out there Management Consultant is the one that gets abused the most.

So what if my Canadian company buys my American company (they are the same business; both tour groups). Should I shoot for the L1.

After thinking about this more and more, it breaks my heart in millions of pieces thinking I couldn't be with my best friend, lover, best employee.

(and her french Canadian accent is sexy)

Also noticed that K1 / K3 can take 6-18 months of us being apart.

Please help.

[Inyakee 2]

Would you mind hiring me? I can cook and clean! ^^;

[Canadian in GA 34]

Would you mind hiring me? I can cook and clean! ^^;

hahaha funny

[Krikit 1,165]

Hi dfwme. Welcome to VJ. I am going to move your thread from the Introducing Our Members forum over to the Employment Visas section. In the meantime, take a look at the link below. It offers great advice for anyone who is visiting the US. Just one more note.... the K-3 visa is being phased out. The visa replacing it is the CR-1.

Visitation FAQ's

[Dakine10 5,452]

Thanks for the responses everyone. After discussing everything, I have come to terms that I need her to run this business down here. I want to offer her a great job (and this position will help create about 15 jobs, so it truly is good for the country).

I'm looking for more information on the TN or L1.

She could technically be a management consultant. There's nothing fraudulent about getting her a visa on that, but I've heard that of all the visas out there Management Consultant is the one that gets abused the most.

Also noticed that K1 / K3 can take 6-18 months of us being apart.

Please help.

The difficulty with getting a Tn for management consultant is that companies are often trying to hire a manager, not a consultant. If your idea is for her to run the business, she won't get a Tn. The job duties must clearly be that of a consultant, not of someone doing managerial work. MC is one of the few Tn categories that I would suggest using a qualified immigration attorney.

[dfwme 0]

The difficulty with getting a Tn for management consultant is that companies are often trying to hire a manager, not a consultant. If your idea is for her to run the business, she won't get a Tn. The job duties must clearly be that of a consultant, not of someone doing managerial work. MC is one of the few Tn categories that I would suggest using a qualified immigration attorney.

Thank you.

I've heard this before as well. As the owner and operator of the company I should be able to structure it correctly. She does know things that I don't and I need her to do so. I also understand that it is the CONSULTANT part of the company that she needs to be addressing. I am going to hire an attorney. I'm starting to get some faith, because I know what I'm doing is inline with the essence of the rules.

Any further comments on the subject are greatly appreciated.

[canadian_wife 1,823]

What background or qualifications does she have for 'management consulatant'? Her background and education must match her position

Management consultant

Baccalaureate or Licenciatura degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement. Baccalaureate or Licenciatura degree

She'll need probably a bachelor degree in business. Does she have that?

Also, you'll likely run into the fact that you guys are dating and you'll have to combat the fact that you are simply hiring your girlfriend, not the most qualified person for the job. How do you plan on having her answer those questions?

Consult a qualified immigration attorney for advice

I was denied entry, it stinks but if she brings stronger ties then she could increase her chances of entrance

Good luck

PS - no more K3 visa

[dfwme 0]

What background or qualifications does she have for 'management consulatant'? Her background and education must match her position

Management consultant

Baccalaureate or Licenciatura degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement. Baccalaureate or Licenciatura degree

She'll need probably a bachelor degree in business. Does she have that?

Also, you'll likely run into the fact that you guys are dating and you'll have to combat the fact that you are simply hiring your girlfriend, not the most qualified person for the job. How do you plan on having her answer those questions?

Consult a qualified immigration attorney for advice

I was denied entry, it stinks but if she brings stronger ties then she could increase her chances of entrance

Good luck

PS - no more K3 visa

Well, we'll start off with she is French Canadian. We run a very unique tour company. One of the few of it's kind that exist in North America. She is young, but she hs her degree in Tourism Management from a Quebec school. She actually completed her degree with her internship at the Canadian company by helping it get off the ground. The required internship for completing the degree said 'work for an established company, or assist in a new business start-up', since she was a huge help for the business startup, and now our incredibly unique tour has gone international (one of the very very very very few international one in the world), I legeitimately need her help.

She is young - 25, but like I said, these are very unique circumstances. I want a permanent solution for her to legitimately be able to work here.

Thoughts?

[milimelo 4,513]

Well, we'll start off with she is French Canadian. We run a very unique tour company. One of the few of it's kind that exist in North America. She is young, but she hs her degree in Tourism Management from a Quebec school. She actually completed her degree with her internship at the Canadian company by helping it get off the ground. The required internship for completing the degree said 'work for an established company, or assist in a new business start-up', since she was a huge help for the business startup, and now our incredibly unique tour has gone international (one of the very very very very few international one in the world), I legeitimately need her help.

She is young - 25, but like I said, these are very unique circumstances. I want a permanent solution for her to legitimately be able to work here.

Thoughts?

Get married and file I-130 for spouse. That's about as permanent as it gets.

[canadian_wife 1,823]

Most work visa are non-immigrant

If you want a permenant solution, marry her and get her a green card

Good luck

[dfwme 0]

Most work visa are non-immigrant

If you want a permenant solution, marry her and get her a green card

Good luck

I do need her here to work though, I probably jumped the gun when I said permanent. I know I can do that, but I do need her here immediately helping get this business off the ground. I just don't want her to come here on a Tourist visa. Sorry for the miscommunication.

[Flames9_RN 358]

http://www.canuckabroad.com/forums/us-visas-and-immigration-vf20.html Sometimes one can get get info from that forum