Bring my GF's stuff into the US...Custom declaration?
- Thread starter kwirky
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nelsona
Registered Users (C)
Big question. On what status is she going to enter US? There is no girlfriend of TN status, eh?
Unless she has her own job, she cannot come to live with you unless she can absolutely prove that she is (a) keeping her residence (ie. her 'stuff') in canada, and (b) that she will leave in maximum six months. Tourists (since that would be her classification) don't bring their stuff with them.
So, she either should get married to you or get a job or attend post-sec school.
In any event, she won't be allowed to bring anything into the country this weekend, so don't bother.
Unless she has her own job, she cannot come to live with you unless she can absolutely prove that she is (a) keeping her residence (ie. her 'stuff') in canada, and (b) that she will leave in maximum six months. Tourists (since that would be her classification) don't bring their stuff with them.
So, she either should get married to you or get a job or attend post-sec school.
In any event, she won't be allowed to bring anything into the country this weekend, so don't bother.
One clarafication. My girl friend will not travel with me. I will be driving back to the US alone and bring some of her stuff into the US. Then she will come to visit me at the end of this year. We will get married next year. I will declare her stuff as my own stuff.
nelsona
Registered Users (C)
have you not already made a declaration importing your belongings? Making a second one will be mighty suspect.
Still, when she 'visits' you at year end, she will need to prove that she lives in Canada, so make sure she keeps a good folder with current paperwork indicating this (ie. current lease, that months utility bills, etc).
Then after you marry, she can move, as a TD.
Still, when she 'visits' you at year end, she will need to prove that she lives in Canada, so make sure she keeps a good folder with current paperwork indicating this (ie. current lease, that months utility bills, etc).
Then after you marry, she can move, as a TD.
voyager6868
Registered Users (C)
nelsona: I'm not sure you're correct.
First, my opinion is that regular visitors can bring their stuff to the U.S. Many snowbirds stay for a full 6 months. Surely they don't just come with a suitcase or two. Many drive down a mobile home full of lots of their stuff.
Second point, to which I have more hard evidence, there actually is a girlfriend of TN status (and any other non-immigrant status)
It's called cohabitating partner and is very often used for same-sex couples (although it can apply to opposite-sex unmarried, or even married, couples as well). Here's the information:
http://travel.state.gov/visa/laws/telegrams/telegrams_1414.html
Google: cohabitating partner b-2
and you'll find lots of other, less official, information about it as well.
First, my opinion is that regular visitors can bring their stuff to the U.S. Many snowbirds stay for a full 6 months. Surely they don't just come with a suitcase or two. Many drive down a mobile home full of lots of their stuff.
Second point, to which I have more hard evidence, there actually is a girlfriend of TN status (and any other non-immigrant status)
It's called cohabitating partner and is very often used for same-sex couples (although it can apply to opposite-sex unmarried, or even married, couples as well). Here's the information:http://travel.state.gov/visa/laws/telegrams/telegrams_1414.html
Google: cohabitating partner b-2
and you'll find lots of other, less official, information about it as well.
nelsona: I'm not sure you're correct.
First, my opinion is that regular visitors can bring their stuff to the U.S. Many snowbirds stay for a full 6 months. Surely they don't just come with a suitcase or two. Many drive down a mobile home full of lots of their stuff.
Second point, to which I have more hard evidence, there actually is a girlfriend of TN status (and any other non-immigrant status)
http://travel.state.gov/visa/laws/telegrams/telegrams_1414.html
Google: cohabitating partner b-2
and you'll find lots of other, less official, information about it as well.
A B2 visitor status is what those snow birds use to stay up to 6 months. It's is the same tourist visa issued to people that as Nelson mentioned show they are only staying for 6 months or less and have ties to Canada and can prove to the IO they are going back to Canada (Leases, rents, payments etc in Canada).
Having your girlfriend explain to the IO she is visiting her boyfriend for 6 months and having no ties to Canada is a sure way for her to not get into the US. So you had better be prepared to re-export all her things back to Canada if you even get those brought over in the first place.
Upon US inspection don't you think it might be a little odd for a solo male taking over a bunch of female things and claiming them as his own?
The only visa that works with the TN status is a TD and you need to be married, there is no hard proof of any girlfriend B2. A B2 is a B2 for anyone that can show ties to Canada and wishes an extended stay in the US...
TheRealCanadian
Volunteer Moderator
Second point, to which I have more hard evidence, there actually is a girlfriend of TN status (and any other non-immigrant status)
The link you mention explicitly states that the cohabiting partner needs to overcome the immigrant intention presumption in 214b. My wife's own experiences prior to marrying me indicates that this is going to be extremely difficult.
nelsona
Registered Users (C)
Exactly. WTF do you think I've been talking about, voyager? Presumption to immigrate will almost automatically and insurmountably result from bringing your stuff to live with your boyfriend. You would need so much proof of non-intent that planning a wedding would be easier.
"As in any B visa case, the accompanying partner must still establish that he/she has a residence abroad that the alien does not intend to abandon. In determining whether the individual can meet this burden, posts should not focus on the duration of stay per se but rather should examine the B-2 applicant''s ties abroad and the likelihood that he/she would stay in the U.S. illegally after the "principal" alien departs."
Voy, you might as well delete your post as it has been entirely refuted.
voyager6868
Registered Users (C)
If moving your stuff to the US indicates immigrant intent, then every TN holder would be denied entry to the US when moving their stuff over. Have you forgotten that even TN's can't have immigrant intent?
Like the bulletin mentions, if the cohabitating partner has strong ties to the principal and can demonstrate he or she will depart the US when the principal departs, then that is a strong factor in deciding whether to admit them to the US. That factor is the main consideration in determining if they have a residence abroad, regardless of where their personal belongings are stored.
The logic is that since the TN holder has non-immigrant intent and TN is intended as a temporary employment, then the TN holder must eventually leave and the cohabitating partner would presumably leave at the same time.
It's all spelled out in the bulletin. They give examples of a cohabitating partner coming for 3 or 4 years, in the cases of a partner on H1B or F1, so even if the OP renews his TN 3 times before marrying, he should have no problem, as long as he can prove the strength of their relationship.
In any case, if the bulletin I provided and the countless sites promoting this bulletin don't convince you then nothing will. The OP can decide what he wants to do with the given information.
Like the bulletin mentions, if the cohabitating partner has strong ties to the principal and can demonstrate he or she will depart the US when the principal departs, then that is a strong factor in deciding whether to admit them to the US. That factor is the main consideration in determining if they have a residence abroad, regardless of where their personal belongings are stored.
The logic is that since the TN holder has non-immigrant intent and TN is intended as a temporary employment, then the TN holder must eventually leave and the cohabitating partner would presumably leave at the same time.
It's all spelled out in the bulletin. They give examples of a cohabitating partner coming for 3 or 4 years, in the cases of a partner on H1B or F1, so even if the OP renews his TN 3 times before marrying, he should have no problem, as long as he can prove the strength of their relationship.
In any case, if the bulletin I provided and the countless sites promoting this bulletin don't convince you then nothing will. The OP can decide what he wants to do with the given information.
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voyager6868
Registered Users (C)
Yes, but as mentioned, the strength of the relationship to the non-immigrant worker can be used to overcome this presumption. If the officer is convinced the B-2 holder will leave when the TN holder leaves, then that is enough.
Keep in mind that this bulletin only applies to workers in non-immigrant status. Obviously if you have a green card or are a citizen then you would be completely out of luck.
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nelsona
Registered Users (C)
Moving your stuff is not necessarily immig intent. However it does point quite dramatically to a failure to maintain residence abroad, which is a criteria for B2, but is certainly not for TN.
Your information was useful and enlightning, I guess. Just not in the case presented here.
Your information was useful and enlightning, I guess. Just not in the case presented here.
voyager6868
Registered Users (C)
It may not pertain to the OP's situation (I don't know all the details about him--I don't know if girlfriend meant a relationship of a few months or a few years). I was just posting general information that could pertain to someone in the OP's situation. Hopefully someone in a non-married, long-term relationship will find the information useful.
Given that the information is in an official bulletin, was specifically mentioned in a couple sessions at the AILA annual conference this year, and that my (conservative) lawyers, and others have recommended this approach, I think it's reputable. I would certainly bring a printout of the bulletin if you intend to use this approach at a POE.
Given that the information is in an official bulletin, was specifically mentioned in a couple sessions at the AILA annual conference this year, and that my (conservative) lawyers, and others have recommended this approach, I think it's reputable. I would certainly bring a printout of the bulletin if you intend to use this approach at a POE.
TheRealCanadian
Volunteer Moderator
No, it's not. There are two problems. First, the TN holder can stay for up to a year, whereas the visitor gets six months maximum. It's possible that the TN holder's authorized stay is much longer than the visitor's, and it can be renewed indefinitely.
Second, as Nelson has pointed out, the visitor has the additional burden of maintaining a foreign residence without the intention of abandonment. Having the TN holder ship down a significant amount of the visitor's possessions would be clear evidence of the possibility of abandonment.
My wife before we were married had issues visiting, but had a job and a Canadian residence to return to. The only way the TN holder can ship down his girlfriend's stuff is by declaring it as his own and taking ownership of it. I suppose this can work for generic possessions, but if he's accompanying her lingerie closet or wardrobe he may have a problem (certainly if it's not in his size).
oh you mean ROFLMAO
Uh, ya, it was a 17 hour day by the time I posted, sheesh.....
Well, if the clothes ARE his size, then he can tell they are his and that he enjoys wearing them. I am sure they would not ask much further when they see these kind of things. At least they dont do when certain people (transgendered) enter Canada. I dont know about the US though, he should do deeper research...