Documents to demonstrate non-immigrant intent (first time TN applicant)

J

JudieByrd

New Member
Preparing my application and just trying to be extra cautious here. I'm a Canadian with zero intention of immigrating to the USA, but I'm worried about the CBP officer's judgement of that intent because:
a. I don't own a vehicle or house in Canada and my savings are pathetic.
b. I currently work freelance, so I don't have a Canadian employer to write me a letter.
c. I have a long-term partner who is an American citizen and who will be joining me in the USA.
d. A few years ago, I was interviewed at the border and given some temporary visa thing while entering the states as a tourist to visit ^ said partner.​

Has anyone had any problems with the 'non-immigrant' intent? What kind of documents were you requested to show? What kind of documents can I bring to preemptively avoid a problem with non-immigrant intent?

Two less important follow-up questions.. (Please let me know if I should start separate threads):

1) How do you package application documents for the CBP officer? Binder? Folder? Tabs, no tabs?
2) Do I need to leave the USA on the exact date my contract ends? Am I allowed to stay an extra week to visit my partner's family?

THANK YOU for your help!!:)
 
There is no required documentation. You simply acknowledge to the officer that you will leave US when your legal status expires. TN is not like tourist status. I would not bring up any ties you might have in US.
1. a simple folder with your TN letter and diploma should suffice. Anything more than that would depend on TN category, but resumes, transcripts etc, are usually extraneous.
2. You can stay a short time after expiry, but realize you are accumulating days out-of-status.
 
You're always so helpful, Nelsona! Thanks so much! :)

What about others on this forum? Has anyone actually been denied for failure to demonstrate non-immigrant intent?
 
Since you have invited others besides nelsona to respond I feel I need to weigh in. Ordinarily I take a softer view than nelsona here but in this case I feel I need to play hardball playing devil's advocate:

You have a US citizen partner who lives in the US. Yet you claim you don't have "immigrant intent". Can you explain this? What are your long term plans here? Do you plan to maintain a permanently long distance relationship? Do you plan to eventually join your partner permanently in the US? What can account for a situation where you claim that you have a US citizen partner who lives in the US but also claim that you don't want to move permanently to the US?

These are reasonable questions that I would ask if I were a CBP officer. What is your answer to these questions if you are asked?
 
Which is why they need not mention the partner. "Partners" and "boyfriends" and "girlfriends" don't have any recognition in the immigration world, so there is no reason to bring them into the equation.

Besides, we are talking about the term immigrant intent, but really confusing this with foreign residency requirements (which there are none on TN, unlike B1/B2)

Almost anyone who uproots their professional life to come to US on TN has the eventual long-term goal to immigrate to US, but that does not meet the standard of immigrant intent. Intent means whether on this entry one intends to immigrate by filing papers.
 
If the issue of US citizen partner comes up while interview, that could definitely be construed as potential immigrant intent.
 
Well, my partner will be joining me while crossing the border, so the issue is likely to come up. However, we are in the process of filing for PR status for him in Canada. Hopefully a receipt from immigration Canada showing we paid to file his documents will suffice to show our intent to return to Canada. In this case, I really only plan to be in the USA for 6 months. No long term goals of immigrating there. Hope that the CBP officer can see that! Thanks everyone for the useful discussion. I will try to remember to update this thread with the outcome, for any future applicants with similar concerns.
 
Again, partners mean nothing to immigration and TN is a business transaction so no need to bring family and supporters. Bringing him along will raise uneccesary questions. Be prepared to be turned away. And bringing papers that legitimate your relationship actually may harm your case.
 
JudieByrd said:
Well, my partner will be joining me while crossing the border, so the issue is likely to come up. However, we are in the process of filing for PR status for him in Canada. Hopefully a receipt from immigration Canada showing we paid to file his documents will suffice to show our intent to return to Canada. In this case, I really only plan to be in the USA for 6 months. No long term goals of immigrating there. Hope that the CBP officer can see that! Thanks everyone for the useful discussion. I will try to remember to update this thread with the outcome, for any future applicants with similar concerns.
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CBP officers only see whats infront of them at said moment. Hence why some greencard holders who seem to be misusing their greencards get sent to immigration court. And someone like your Partner might just get turned back. Id say 75% chance of getting turned back. %25 chance getting thru . They dont put a whole lot of thought into things as we would assume.

As @nelsona said. Crossing together will do more harm than could. Seems as though you”ve already made up your mind.

Please do remember to update the thread after ,so someone can be helped in the future with thr info from this thread.
 
Thanks everyone for the advice! This brought up an issue I wasn't aware of. I assumed applicants would always be travelling with family since they're relocating for an extended period of time. Not sure we'll have time to make alternative travel arrangements, so we might have to risk it. Has anyone here successfully (or not) applied for TN status while crossing the border with a spouse or common-law partner?
 
Crossing with spouse or partner for TN and TD is normally fine, but NOT when they are a US citizen, as the assumption becomes that you are immigrating with your american spouse. You already said you have no ties in Canada and a whopping one (now) in US.
 
I know I'm likely stating the obvious but just as nelsona said, you're risking your approval . imagine the situation when you're in front of CBP officer with your US citizen partner and the officer asks you "who is this person" while holding the partner's US passport... what will your answer be?

if you are traveling by air, perhaps you two can go through immigration separately... else prepare for possible scrutiny
 
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