Peculiar case...please help!!

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tomtom80

Registered Users (C)
I was wondering if anyone would be so kind as to look at my situation and give their views on it.

Below are the facts:

• I hold dual British & Canadian nationality and I have passports for both countries
• I live in the UK and have done so almost all my life. I have never lived in Canada
• I am engaged to a US citizen who currently resides in the UK
• We are intending to move to the USA in the next three months for a couple of years
• We are going to be getting married in the UK later in the second half of this year
• I have been offered a job in one of professional occupations (and I do not anticipate this aspect being problematic)

I want to be as honest and forthright as possible at my point of entry but I understand there could be problems if the officer interprets that I have ‘immigrant intent’. I only want to stay in the USA for a couple of years on the TN visa

I think my problem is similar to GeneralG’s thread but I would appreciate further clarification

Do you think it will be a problem as I have a British accent and no Canadian permanent address?

I suspect that my best course of action is to speak to an immigration lawyer but it would be great if people could use their experience and knowledge to help. Many thanks.
 
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tomtom80 said:
I was wondering if anyone would be so kind as to look at my situation and give their views on it.

Below are the facts:

• I hold dual British & Canadian nationality and I have passports for both countries
• I live in the UK and have done so almost all my life. I have never lived in Canada
• I am engaged to a US citizen who currently resides in the UK
• We are intending to move to the USA in the next three months for a couple of years
• We are going to be getting married in the UK later in the second half of this year
• I have been offered a job in one of professional occupations (and I do not anticipate this aspect being problematic)

I want to be as honest and forthright as possible at my point of entry but I understand there could be problems if the officer interprets that I have ‘immigrant intent’. I only want to stay in the USA for a couple of years on the TN visa

I think my problem is similar to GeneralG’s thread but I would appreciate further clarification

Do you think it will be a problem as I have a British accent and no Canadian permanent address?

I suspect that my best course of action is to speak to an immigration lawyer but it would be great if people could use their experience and knowledge to help. Many thanks.
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If you arrive at a POE in Canada (toronto for example) by your self and attempt to get a TN from the US officers, you shouldn't have any problems. There are a number of Canadians with English accents, so don't worry about that. Have the TN letter addressed to some address in Canada so that the officer isn't suspicious of where your home address is. Do not mention anything about your UK citizenship. Do not mention anything about your relationship with a US citizen. There is nothing illegal in what you want to do, but as you suspect, a normal situation can easily be turned on its head by a very suspicious officer. It is better to not give them any reason to be suspicious in the first place.
 
gunt is right.

Entering through Canada might be easiest. And do it alone if possible. Don't volunteer too much information.
 
Follow Up Question

Gunt,


Thank you very much for your reply. The problem is that I have travelled to the USA using my British passport from the UK. Therefore, I am pretty certain that not bringing up the UK aspect is not going to be the best way forward. What do you think? Thanks very much.
 
tomtom80 said:
The problem is that I have travelled to the USA using my British passport from the UK. Therefore, I am pretty certain that not bringing up the UK aspect is not going to be the best way forward. What do you think?
Click to expand...

If border guards ask about the UK passport, you have to answer them truthfully. However I highly doubt they will ask and further more even if they do ask, you are not doing anything illegal - ultimately they will let you pass. The fact that you hold multiple citizenships is not a reason to deny entry, but it can be a reason to increase the officer's suspicion level. You are under no obligation to volunteer any of your multiple citizenships to the officer unless they ask specifically about one.

I operate on the premise that when dealing with USCIS or Border Patrol, do not give them any reason to be suspicious because they are hyper suspicious already. Basically, don't stoke the fire.
 
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Really in a simple terms, the only requirements for TN are that you have Canadian Citizenship, and a TN offer letter, and the required degrees that match the job description.

So, first of all, do not mention your USC spouse, there is no need. If at all possible take seperate flights, or at a minimum do not cross the POE together.

You will need to show the officer who will process your TN, proof of Canadian citizenship, either a Canadian passport, Canadin Citizenzship card, or a Canadian birth certificate. If you have neither, then get one of those before you arrive.

When speaking to the officer, do not tell him that you intend to be in the US a "few years". You need to rememeber that your intentions are to be in the US just for one year, when speaking to him, do not mention your future intentions, such as marriage or being here for mutiple years, as you will be denied.

Based on that, you should be able to fly into any US airport. I don't think there is a need to fly to Canada first. But if you fly to a US airport, the process may take a little longer, since the officers at non-Canadian airports don't see as many TN applicants, and may need to read up on the laws while they are reviewing your case.

The address you put on the I-94 does not have to be Canadian, it just cannot be American, since putting an American address may show that you have no where to return to after your temporay stay is complete, so I don't think there is an issue if you put your UK address.
 
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FYI,

As of last week, travelling to the U.S. as a Canadian citizen, requires a Canadian passport. While on the one hand the TN only requires being a Canadian Citizen I think you are going to have problems if you try "convince" the officer blah, blah, blah.

These are my thoughts:

1. Get a Canadian Passport if it's available to you. (I think you can have both passports?)
2. You can get fast service by paying about $ 120.00 (ballpark).
3. Enter through Canada alone like everyone is suggesting.
4. Is there any advantage to travelling on a U.K. passport? Does giving up create a problem?

Everything should be clean from ther on in.
 
simsd said:
FYI,

As of last week, travelling to the U.S. as a Canadian citizen, requires a Canadian passport.
Click to expand...

Only if you are entering by air otherwise a Canadian D/L, Birth Cert, Social Insurance #, etc is still sufficient at a land crossing. I don't know what the rules are if you arrive by boat, never done that in 25 years.
 
Didn't realize that. We were under the impression it was all forms of travel. But I can see why for air only right now.
 
I've got a Canadian passport, so it shouldn't be a issue.

Thanks very much for all your replies. It is much appreciated.

Anyone else have any thoughts?
 
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