6 month visit off and on

[Villanelle 4,122]

Eh your last question is a tough one... I dont have a solid answer for you either but I can give you some things to ponder-

Even if you have a valid TN visa you can be denied entry for "immigration intent". So on the surface she may be eligible for a TN visa as an accountant (providing she meets the requirements) for a job from a US company (you). However the surrounding factors (being in a relationship with the employer/company being a 'side business' e commerce site that suddenly needs an accountant) can lead to serious questions about immigration intent and not using the visa for the purposes it was intended. Depending on the questions asked and the answers provided you can easily find your self treading into misrepresentation which would impact the visa process later if you do choose to pursue a family based petition.

Youve been visiting each other practically every weekend for 4 years. There will be some kind of record of the relationship (who she was traveling to see). One thing frowned on by USCIS and CBP is misuse of a benefit. The TN visa is technically in the 'work' category not trial run at living together category which doesnt exsist

[wjone005 1]

Eh your last question is a tough one... I dont have a solid answer for you either but I can give you some things to ponder-

Even if you have a valid TN visa you can be denied entry for "immigration intent". So on the surface she may be eligible for a TN visa as an accountant (providing she meets the requirements) for a job from a US company (you). However the surrounding factors (being in a relationship with the employer/company being a 'side business' e commerce site that suddenly needs an accountant) can lead to serious questions about immigration intent and not using the visa for the purposes it was intended. Depending on the questions asked and the answers provided you can easily find your self treading into misrepresentation which would impact the visa process later if you do choose to pursue a family based petition.

Youve been visiting each other practically every weekend for 4 years. There will be some kind of record of the relationship (who she was traveling to see). One thing frowned on by USCIS and CBP is misuse of a benefit. The TN visa is technically in the 'work' category not trial run at living together category which doesnt exsist

So basically she's better off getting employment from someone else other than me or family owned business I assume?

[NikLR 13,232]

Most likely yes.

[Boiler 46,278]

I do see a misrepresentation issue, most visa's have an lemet od dual intent in them.

How big is your business? Roughly how many employees?

There may be other options than a TN, something the Company Immigration Lawyer would be better to advise upon.

[wjone005 1]

I do see a misrepresentation issue, most visa's have an lemet od dual intent in them.

How big is your business? Roughly how many employees?

There may be other options than a TN, something the Company Immigration Lawyer would be better to advise upon.

It's a small business no more than 3 employees. As for my father, he runs a business as well with about 20 employees which is a non profit organization.

[Boiler 46,278]

Your Father may have a stronger case, and being a non profit would not be subject the H1b cap. H1b is up front dual intent.

Time to have a chat with a Lawyer.

Edited December 18, 2015 by Boiler

[wjone005 1]

Sounds about right. Thank you!