TN visa with B2 cohabitating partner

[cc97 0]

Hi everyone,

I have a seemingly uncommon situation and can't really get straight answers. I have a lawyer that I'm consulting but I still don't really understand and don't trust him 100%.

The facts:

- I'm a Canadian citizen.

- I have a fiancee who is also a Canadian citizen.

- I have a TN approval notice for a job in the US for 3 years. I will be entering next week alone.

- My intent is to work in the US for a while and get some amazing work experience that I can't get in Canada because the jobs are so much better in the US.

- I have no plans to stay in the US long term right now. I love Canada and know nothing about what living in the US is like. This could change however.

- My fiancee has lived with me in Canada for the last 8 years but we haven't gotten married yet because we've been super busy, though we intend to eventually.

- She has just finished a PhD in Canada and wants to take 6-12 months off to relax.

- We are planning to apply for a B2 cohabitating partner status for her to join me in the US 2-3 months from now.

- Her intent is to take a long break for 6-12 months in the US, then look for a postoc position (and get a TN or J1 visa) either in the US (more likely) or Canada (less likely)

- We currently live in a rented apartment and would have to close the lease in order to both move.

My goals:

- get some good work experience that I can't get in Canada

- have my fiancee be with me as much as possible (i.e. don't leave her alone for too long)

- my finacee's goals are to take a break from school/work but to eventually continue her career in 6-12 months.

- neither of us plan on living in the US long term. We are only seeking to get good work/education experience for our careers. This may change if we are super impressed by life in the US though.

What do you recommend? Will the B2 cohabitating partner work?

Thanks in advance!

Edited August 24, 2015 by cc97

[Transborderwife 4,666]

There is no such thing as a B2 cohabiting partner. What she's planning on doing is circumventing immigration law. A b2 is to visit not to live. If she shows up at point of entry with 6 months worth of stuff she needs to show her ties, funds to fund her stay (you're paying for her won't likely be sufficient) and a compelling reason to return. No apartment likely doesn't do that. She could stay for a maximum 6 months

[cc97 0]

There is no such thing as a B2 cohabiting partner. What she's planning on doing is circumventing immigration law. A b2 is to visit not to live. If she shows up at point of entry with 6 months worth of stuff she needs to show her ties, funds to fund her stay (you're paying for her won't likely be sufficient) and a compelling reason to return. No apartment likely doesn't do that. She could stay for a maximum 6 months

There is such a thing. It was suggested by my lawyer.

[Boiler 45,952]

B2 Cohabitating should work, must admit I have never seen it mentioned with regards to Canadians. 6 months she can do without issue without going through the visa process.

Getting married is simpler and where I am costs $30.

[Teddy B 17,252]

I agree the B2 Cohabitating partner should work.

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2011/August/Cohabitating_Partners_PM_081711.pdf

[cc97 0]

Thanks a lot for the responses!

Is there anything I need to be careful with when applying for her B2 cohabitating partner status? Any pitfalls to avoid?

How do I prove non-immigrant intent for her? Is it enough that my TN is temporary and her status depends on it?

[cc97 0]

Another follow-up question:

Can we get married once in the US on a B2 and then convert to TD? Will this cause any problems?

Thanks again!

[Teddy B 17,252]

Thanks a lot for the responses!

Is there anything I need to be careful with when applying for her B2 cohabitating partner status? Any pitfalls to avoid?

How do I prove non-immigrant intent for her? Is it enough that my TN is temporary and her status depends on it?

Her Cohabitating Partner status is based on her connections to you, the bar for non immigrant intent is a bit lower in this case because she will be technically moving to the US to be with you. Probably a good idea for her to maintain a bank account in Canada. She will not be allowed to work while here.

Edited August 24, 2015 by Teddy B

[Darnell 8,479]

is this a real label?

We are planning to apply for a B2 cohabitating partner status for her to join me in the US 2-3 months from now.

[Teddy B 17,252]

is this a real label?

We are planning to apply for a B2 cohabitating partner status for her to join me in the US 2-3 months from now.

Yes, real as can be D. I linked to it above. Please come back and read the link on a pc not a handphone, la.

[Boiler 45,952]

You can lose a lot of the detail on a handphone.

[cc97 0]

Her Cohabitating Partner status is based on her connections to you, the bar for non immigrant intent is a bit lower in this case because she will be technically moving to the US to be with you. Probably a good idea for her to maintain a bank account in Canada. She will not be allowed to work while here.

Great, this is what I was thinking as well.

Do you think it would be ok for her to apply for a TN to get a postdoctoral position (counts as working I believe) in 6-12 months or will they frown on that? And should we mention this intent to eventually look for a postdoc?

[Teddy B 17,252]

Great, this is what I was thinking as well.

Do you think it would be ok for her to apply for a TN to get a postdoctoral position (counts as working I believe) in 6-12 months or will they frown on that? And should we mention this intent to eventually look for a postdoc?

I believe she can drive to a border crossing and apply for a TN. No need to mention any more than necessary.

[Darnell 8,479]

Great, this is what I was thinking as well.

Do you think it would be ok for her to apply for a TN to get a postdoctoral position (counts as working I believe) in 6-12 months or will they frown on that? And should we mention this intent to eventually look for a postdoc?

it should count as a job, which is one of the main things needed for the TN-1.

Just saying !

*No Handphones were damaged during this posting -in fact, mines is turned off.

[fellaamazing 72]

Get married in Canada near your family and friends, and move to US with TN and TD visas at the border.

Otherwise there are all sorts of cans of warms, applying for K1 visa and whatnot before marriage.