Other options?

[Reba 2]

nope, not really. We're a strange and unclassifiable animal

I used to travel really frequently for work, and then after I met my hubby, for both work and personal. I was eventually barred from entry for work purposes until my company got me the proper visa, but they did allow me entry for personal reasons. I was told tho that if when I'm going for vacation, I'd better not have ANYTHING with me regarding business. Not even a business card or note pad. As long as I had only vacation things with me, they'd let me thru, tho I was usually pulled in for secondary.

I think that is unique as well tho, I know of others who have been barred for work purposes, and can't even shuffle off to Buffalo for lunch for years afterward.

Its a ####### shoot, and ya just gotta figure how lucky do ya feel?

[Saddle Bronc 124]

Actually, the solution is rather simple here.

You get married (location not a matter for this), re-enter US (meaning, if you get married in US, make a trip outside) together; at that time, you show the marriage certificate and your TN-1 and she gets a TD valid till its expiry date.

Note: TD has the same problems as other dependent (such as H-4) visas/stati; but it is multi-entry and less stressful (for Canucks) than undocumented B-2.

[zyggy 9]

Nope...

Since Canadians get the right to enter the US without visa for both business visits and personal visits by treaty... they cannot be issued them ever...

It's not the same as VWP.. in that case a visa is required for those on WVP, the US has just chosen to waive them for the low risk people who enter.

If you marry your girlfirend, she will be permited in the US with a TD status. That status only allows a spouse to be in the US.. they do not have work permission.

Canadians are not eligible for B visas by treaty (they can't even be issued them). She will have to prove that she has stronger ties to Canada than she does to you each and every time that she enters the US. Let me tell you, the more frequent and longer she stays, the more and more probable that she will be denied entry and once she's been denied entry.. well... good luck on getting back to the US anytime soon..

Her frequent visits as a B-2 status are not a long term way to go...

Those are your choices... think long and hard...

hmm, I was riffing off the B visas issued to UK (the examples I'm thinking of) worker folk who come over. There must be some similar option for Canadians that does more than 'good luck' to ensure her multiple entries?

[am1996 0]

As a Canadian citizen, one can visit the US for up to 6 months in a calendar year or at a time, whichever comes first.

Mo, we were just discussing this issue in the following VJ thread and there does not seem to be an aggregate 6 month limit a Canadian can remain in the US in a calendar year. Depending on the circumstances, the more time you spend in the US the more likely CBP is to consider you a de facto US resident and bar you from entry. Since there does not seem to be a statute or a regulation restricting the aggregate length of time you can spend in the US, however, the fact, for instance, that a Canadian has spent an aggregate of 5 months and 28 days in the US versus 6 months and 2 days should not make a difference.

[_mike_ 0]

Thanks for all the replies guys/girls.

From what I've gathered the best option for my situation is as follows:

Have her enter the US as a visitor, not mentioning her boyfriend is a temporary resident on a TN. She has lots of family/friends down here she can legitimately visit and can support her if they decide to call and check where she is actually going (heard of that happening before).

If she drives across the border and is dropped off at the airport, there is no way of knowing how long she is in the country for. If she had a passport, it would be scanned and they would be able to tell that way. However, for the time being, she can cross freely and will leave from many US airports in our area. (We plan to visit home every other month or so for a few days).

We will avoid travelling by car together across the border, and flying across the border as well. This will only create evidence showing she is frequently visiting the US for long periods of time.

She is a student studying through distance correspondance (online) through a Canadian college. She will travel with these documents showing that she is a full time study and completes her studies thru the internet. This will show that she is unemployed and has no intention of working in the US.

We will not be lying as mentioned, however there should be no way they can prove she is in the US for over 180 days a year? Correct me if I'm wrong. The Canadian side will not care how long she's been gone, the situation is only trying to RE-ENTER the US after the visiting weekend. I've looked into getting a student visa, however that would require us paying International tutition and wouldn't be possible until she finishes this year of online studies in April.

Before I moved south, it was very common for us to cross the border on a weekly basis for groceries/gas. So her continuing to cross shouldn't look out of the ordinary. Because of our location to the borders they often ask how often we cross, inwhich we do not lie and say we do most of our shopping in the US side every week.

Thanks for all the suggestions, and I look forward to anymore or warnings/consequences from going this route.

Also, I am aware of us getting married and her obtaining a TD. I do not need her to work down here (not that a TD would grant that) I simply want her to be able to visit home somewhat often, and stay down here most of the year while I'm away. I don't want to get married for the sake of making INS happy

Edited September 27, 2006 by _mike_

[girl 37 7]

I don't want to get married for the sake of making INS happy

If you really want to be together and work in the US, you might change your mind after she's been sent to secondary inspection a couple of times.

[zyggy 9]

Thanks for all the replies guys/girls.

From what I've gathered the best option for my situation is as follows:

Have her enter the US as a visitor, not mentioning her boyfriend is a temporary resident on a TN. She has lots of family/friends down here she can legitimately visit and can support her if they decide to call and check where she is actually going (heard of that happening before).

That would be a material misrepsentation.. and would cause her a lot more headaches and problems that just having the problem of immigrant intent. If one is caught making a material misrepresentation in the course of gaining entry to the US, it carries with it a permanent ban on entering the US... not something anyone should do...

Lying is the greatest immigration sin there is... never, ever do it...

If she drives across the border and is dropped off at the airport, there is no way of knowing how long she is in the country for. If she had a passport, it would be scanned and they would be able to tell that way. However, for the time being, she can cross freely and will leave from many US airports in our area. (We plan to visit home every other month or so for a few days).

We will avoid travelling by car together across the border, and flying across the border as well. This will only create evidence showing she is frequently visiting the US for long periods of time.

She is a student studying through distance correspondance (online) through a Canadian college. She will travel with these documents showing that she is a full time study and completes her studies thru the internet. This will show that she is unemployed and has no intention of working in the US.

We will not be lying as mentioned, however there should be no way they can prove she is in the US for over 180 days a year? Correct me if I'm wrong. The Canadian side will not care how long she's been gone, the situation is only trying to RE-ENTER the US after the visiting weekend. I've looked into getting a student visa, however that would require us paying International tutition and wouldn't be possible until she finishes this year of online studies in April.

Before I moved south, it was very common for us to cross the border on a weekly basis for groceries/gas. So her continuing to cross shouldn't look out of the ordinary. Because of our location to the borders they often ask how often we cross, inwhich we do not lie and say we do most of our shopping in the US side every week.

Thanks for all the suggestions, and I look forward to anymore or warnings/consequences from going this route.

Also, I am aware of us getting married and her obtaining a TD. I do not need her to work down here (not that a TD would grant that) I simply want her to be able to visit home somewhat often, and stay down here most of the year while I'm away. I don't want to get married for the sake of making INS happy

You're trying to weasel your way out of the situation.. I can tell you with certainty that if you continue in the manner that you described, it will come back to get you eventually... You don't seem to realize that you are not going to be able to continue as you were without facing some serious consequences... you are going to have to make sacrifices in terms of travel, visitation, schooling, etc...

You need to make some decisions... keeping the status quo is not one of them...

[diadromous mermaid 36]

If you marry your girlfirend, she will be permited in the US with a TD status. That status only allows a spouse to be in the US.. they do not have work permission.

Hmm. I was always under the impression, that if he were to marry his GF and she were to acquire a TD she can change to a temporary work status. Isn't that true? Also, since right now TN is treated much like the L and H, but this is not delineated in the INA (and therefore could be subject to change), it'd be wise to sumbit his GC application ASAP if that's what he intends to do, correct?

[TRKCKL11 0]

hi i'm not sure howcustoms at airport is but border crossing is easy ,and they do keep track of how long you've been in the us when they run your name. i never have problems since july i just say i'm going to see my u.s. husband and when i'll return. they never ask mystatus for immigration even, a lot depends on agent you talk to but all have been great so far. our next weekend visit is in 23 days yahooo.

[Saddle Bronc 124]

If you marry your girlfirend, she will be permited in the US with a TD status. That status only allows a spouse to be in the US.. they do not have work permission.

Hmm. I was always under the impression, that if he were to marry his GF and she were to acquire a TD she can change to a temporary work status. Isn't that true?

Yes, if the TD holder has a job offer and either gets the employer to submit I-129 OR (if the job is one which falls under L-1, TN-1 or R-1) leaves-and-reenters US (with documents required to obtain/renew the status).

Also, since right now TN is treated much like the L and H, but this is not delineated in the INA (and therefore could be subject to change), it'd be wise to sumbit his GC application ASAP if that's what he intends to do, correct?

Yes, if he can get his employer to do GC sponsorship.

For a EB-n GC application from TN-1:

• the TN-1 can be renewed at POE/PFI prior to I-140 approval
  
• mail-in TN-1 renewal possible right up to submitting AOS
  
• if consular processing chosen on I-140 (or petition swapped from AOS to CP using I-824 during "hurry-up-and-wait" delay--I'll describe this below), then mail-in renewal is possible right up to just prior to visa interview at processing consulate (generally, Montreal)
  

An oft used approach is to ask the employer to convert to H1-b (due to longer period of validity)--there is also a myth that this is necessary as a precursor (actually, the I-129 for TN-1->H1-b conversion is a different animal entirely from the GC process; also it's not even necessary--I'm living proof).

"hurry-up-and-wait": my name for the case where the cutoff-date for EB-n (the category for the I-140) is before the process-date of the application. It actually happened to me due to the chopf#ck I used as an attorney filing me as EB-3 instead of EB-2 (I have a MSCS). I found this out AFTER I-140 approval (Sep. 1997) when I was preparing I-485 papers). During the 1 1/2 years I had to wait for cutoff-date progress, I filed an I-824 to swap to process at Montreal (I asked first whether I could process in either London or Calgary--no to both; never lived in UK, and Calgary doesn't do IV processing) and fired the attorney.

[ljs 1]

/quote]

If you really want to be together and work in the US, you might change your mind after she's been sent to secondary inspection a couple of times.

I'll second that!! Been there, done that and will not be crossing the border again without a visa. And I was not trying to misrepresent myself, they asked who I was seeing and I told them, they asked my relationship and I told them fiance and BAM...off to secondary inspection. I had a hard time remembering my name after a while. And the car that was driving me to the airport now gets pulled over every crossing-no more waving through. My brother will never drive me to the airport again...lol

While crossing the CAN/US border can be a breeze, and we feel like there is no burden of proof or trail, I think that idea may be somewhat erroneous and also work against you. The border agent does not have to prove his/her suspicion, you have to prove you are not lying, evading or misrepresenting yourself. Harder to do...especially if you are. And do you think if they go to all the trouble to phone contacts and relatives they won't ask if she has a boyfriend in the US? Are you comfortable asking everyone to lie on your behaf to a federal agent? And being unemployed and doing an internet based programme does not prove any ties to Canada whatsoever...I had a minor child who I have sole custody of and who's father lives in Europe, and I felt lacking in proof!

IMHO, what you are proposing is dangerous, and possibly illegal. Heed the advice of the previous posters and be very careful.

[meauxna 15]

Reminder to all:

The OP and the girlfriend are not US citizens---this is not a 'move to the US' immigration question.

Thanks for all the replies guys/girls.

From what I've gathered the best option for my situation is as follows:

Have her enter the US as a visitor, not mentioning her boyfriend is a temporary resident on a TN. She has lots of family/friends down here she can legitimately visit and can support her if they decide to call and check where she is actually going (heard of that happening before).

If she drives across the border and is dropped off at the airport, there is no way of knowing how long she is in the country for. If she had a passport, it would be scanned and they would be able to tell that way. However, for the time being, she can cross freely and will leave from many US airports in our area. (We plan to visit home every other month or so for a few days).

We will avoid travelling by car together across the border, and flying across the border as well. This will only create evidence showing she is frequently visiting the US for long periods of time.

She is a student studying through distance correspondance (online) through a Canadian college. She will travel with these documents showing that she is a full time study and completes her studies thru the internet. This will show that she is unemployed and has no intention of working in the US.

We will not be lying as mentioned, however there should be no way they can prove she is in the US for over 180 days a year? Correct me if I'm wrong. The Canadian side will not care how long she's been gone, the situation is only trying to RE-ENTER the US after the visiting weekend. I've looked into getting a student visa, however that would require us paying International tutition and wouldn't be possible until she finishes this year of online studies in April.

Before I moved south, it was very common for us to cross the border on a weekly basis for groceries/gas. So her continuing to cross shouldn't look out of the ordinary. Because of our location to the borders they often ask how often we cross, inwhich we do not lie and say we do most of our shopping in the US side every week.

Thanks for all the suggestions, and I look forward to anymore or warnings/consequences from going this route.

Also, I am aware of us getting married and her obtaining a TD. I do not need her to work down here (not that a TD would grant that) I simply want her to be able to visit home somewhat often, and stay down here most of the year while I'm away. I don't want to get married for the sake of making INS happy

mike,

Given the intricacy of your plan, the uncertainties built into it and the layperson (experienced or not) nature of this board, I still vote that your best bet is to take this post, or heck-the whole thread, to a US immigration attorney.

FWIW, I don't have a clear vision of this working out as planned & on review of the replies, it seems that a couple of people who I know should know don't see it either. We may be wrong, and it might be a case of 'plan for the worst case and deal with it when it happens', but I think you should get the professional opinion of someone who studies this for a living instead of fun.

[zyggy 9]

Mo...

I agree with you in the sense that the OP would have no way of adjusting to get legal immigrant status since the OP is not a citizen.. it doesn't stop her from shacking up for a period of time that is not permitted under her duration of stay... e.g by staying inside of the US for more time than outside of the US, basically living here without the proper status... her travel patterns would give the appearance of immigrant intent... If I saw it on the screen, it would make me do a double take...

that's what I'm worried about... that her tie to her TN bf will compel her to stay for a lengthly period of time (or make a material misrepresentation to acheive that goal) and bring the attention of CBP when she enters and perhaps other agencies...

hate to see her lie to gain entry and find herself with a permanent ban...

Edited September 27, 2006 by zyggy

[Saddle Bronc 124]

Mo...

I agree with you in the sense that the OP would have no way of adjusting to get legal immigrant status since the OP is not a citizen.. it doesn't stop her from shacking up for a period of time that is not permitted under her duration of stay... e.g by staying inside of the US for more time than outside of the US, basically living here without the proper status... her travel patterns would give the appearance of immigrant intent... If I saw it on the screen, it would make me do a double take...

Actually zyggy, the OP was the TN-1 BF. It is possible for him to get legal immigrant status (posting from experience here). For the OP's GF, two ways:

• get married to OP, get TD now, (requires assumption of OP going for a EB-n GC) derivative GC (whether CP or AOS)
  
• if she has quals of her own, she can (from Canada) search for jobs in his locality and get a work visa--and maybe get employer to sponsor EB-n GC
  

that's what I'm worried about... that her tie to her TN bf will compel her to stay for a lengthly period of time (or make a material misrepresentation to acheive that goal) and bring the attention of CBP when she enters and perhaps other agencies...

hate to see her lie to gain entry and find herself with a permanent ban...

Agree -- it's not safe for her to continue just using "undocumented B-2" for longterm stay.

[zyggy 9]

Sorry Cherry..

I know about those two options... I was talking about permanent residency.. as he is not a citizen, she could not become a PR through him by marriage (like most people on here, unless he was to marry her and got a work related GC)... I should have been more clear as this is not a topic that is usually discussed on here (but know you have extensive knowledge of due to your own experiences)... Thanks

Zyg