B2 status to TN1

jdanks

New Member
I'm a Canadian whose been offered a job in the US and plan to obtain my TN status. My common law girlfriend will coming with me and although she would not qualify to obtain a TD visa, seems she can enter on a B-2 (visitor status) and should be able to keep renewing it every 6 mo period as long as I'm on a TN. Seems she would have to prove that she has ties to Canada and that she will be returning once my TN is over (much like myself in terms of a TN). If we don't own any property in Canada what is next best measure to prove our intent to return to Canada?

My partner is a professional accountant and would also qualify for a TN should she find an US employer/job offer. A few questions here:

1) Is is legal to legal to look for employment (apply, interview) while on a B2 visitor status? In any event this is probably something that would be best left unsaid at time of border crossing to avoid any hiccups (i.e. she would indicate no intention of working).

2) Whether the answer is yes or no in 1), upon receiving an employment offer, could she expect any complications in applying for a TN from a B2 status? If denied could this jeporadize her ability to remain in the US on the B2 status?


Appreciate your responses.
 
The B2 (cohabiting partner) status is not quite as good as TD, in that definitely she MUST maintain residential ties in Canada . It is insufficient for her -- unlike TN/TD -- to 'promise' to leave. That is clear in all B2 cohabiting documents.

http://travel.state.gov/visa/laws/telegrams/telegrams_1414.html

See:
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THE ACCOMPANYING PARTNER MUST STILL SATISFY

THE RESIDENCE ABROAD REQUIREMENT

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1. Sure. Just like most others who get a TN while living in canada.
2. This will not be a problem. TN is a temporary status, even for you. she would be switching from one temp status to another. Same if she married you and switched to TD. Same if she decided to go to school ans swithch to F1.

So the only issue remains how will she prove Cdn residency while your are on TN.
 
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1. no need to wait, TN is not an immigrant status, This is not like crossing in B2 and marrying a US citizen. Ignore this advice.
2. If the TN is denied for TN-related technical reasons, thesre is no jeopardy to entry on B2, Strike two.
 
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