TN married to LPR - proving nonimmigrant intent

T

tncanuck

New Member
I just got my first TN, but went through A LOT of hassle at the border because I'm married to a LPR (also canadian).

The Customs/Border Patrol are instructed to assume all aliens are immigrants unless they can prove otherwise. Does anyone have any recommendations for proving nonimmigrant intent? We really do intend to move back to Canada in the next couple years - my husband has been job hunting - but the CBP officers don't believe me when I tell them that. Do you think it would be easier to apply for an extension by mail rather then reapply at POE next year? If I do apply at POE, might it be easier to have my husband with me? (I went alone this year, and ended up flustered and upset - maybe it would help to have someone there to back up my story??)

Also, has anyone in a similar situation to me been rejected for a TN? I figure I can put up with the arguing and the hassle at the border if I know eventually they will relent and grant me the TN, however if there is a serious possibility of rejection, then I need to explore other options.

Thanks in advance for any advice you can offer!
 
The simple truth is that you ARE in a position to immigrate, so will always be viewed suspiciously. This would be the case if you were a tourist, a student, or a TN.

This is simply because your spouse could submit an I-130 for you tomorrow, which could be viewed as immig intent either by CBP or by CIS.

As you conclude, your best be to mitigate (not necessarily avoid) problems, would be to apply by mail in future. I don't think having hubby there serves much purpoe, as they will simply ask "where do you live?" and his answer that he lives in the US will far outweigh any claim that he intends to leave 'soon'.


Other than that, having you and/or your spouse live in canada, or give up Green card.

One question though: Where were you living before this incident, and if in US, in what status were you? This may have a bearing as to why the officiers were hard on you now, since they may realize that you've been getting off easy in the past, entering a sa tourist, or whatever.
 
We really do intend to move back to Canada in the next couple years
Click to expand...
And your husband is willing to abandon GC?

He could do it now and receive TD instead. Then it is relatively easy to prove nonimmigrant intent for you.
 
tncanuck said:
I just got my first TN, but went through A LOT of hassle at the border because I'm married to a LPR (also canadian).
Click to expand...

I think in your case, there concern is legitimate.... because your husband is GC holder and you're coming to USA. If you were coming to visit USA and declare that your husband has GC and lives in USA, they'll suspect that your intent is to immigrate.

Next time renew it by mail. I think they're issuing 3 year TN now or starting it shortly.
 
raevsky said:
And your husband is willing to abandon GC?

He could do it now and receive TD instead. Then it is relatively easy to prove nonimmigrant intent for you.
Click to expand...

Since the man is probably wanting to work, it certainly would not make sense to give up a working status for a non-working status at this point.
 
nelsona said:
One question though: Where were you living before this incident, and if in US, in what status were you? This may have a bearing as to why the officiers were hard on you now, since they may realize that you've been getting off easy in the past, entering a sa tourist, or whatever.
Click to expand...

I was on a student (F-1) visa for 5 years prior to now and never had any problems at the border (even though husband has had GC for 4+ years).

I hope that 3 year TN status starts soon, so I only have to deal with this every 3 years! :)
 
Since the man is probably wanting to work, it certainly would not make sense to give up a working status for a non-working status at this point.
Click to expand...
It looks like he is looking for job in Canada, and when he finds it, they will move. So, it is OK to abandon GC now.
 
tncanuck said:
I was on a student (F-1) visa for 5 years prior to now and never had any problems at the border (even though husband has had GC for 4+ years).

I hope that 3 year TN status starts soon, so I only have to deal with this every 3 years! :)
Click to expand...

There is your answer: you got F-1 before marriage (or at least before he got GC) so there was no presumptive immig intent. Had they asked the right questionss 4 years ago, you would have faced the same scutiny.

Any particular reason you did not get GC at same time as him? Most spouse's do.
 
raevsky said:
It looks like he is looking for job in Canada, and when he finds it, they will move. So, it is OK to abandon GC now.
Click to expand...

Really, why would you say that he is looking in Canada when she just got a job in US? Serious responses only, please.
 
nelsona said:
Really, why would you say that he is looking in Canada when she just got a job in US? Serious responses only, please.
Click to expand...

Possibly because "Landed Permanent Resident" is more recognizable as a Canadian Immigration term than a US immigraton status? I took this terminology to mean that the OP's husband is a Canadian LPR not a US GC holder.
 
webtiger said:
Possibly because "Landed Permanent Resident" is more recognizable as a Canadian Immigration term than a US immigraton status? I took this terminology to mean that the OP's husband is a Canadian LPR not a US GC holder.
Click to expand...

No, she said he is "a LPR (also canadian)". This would not permit your conclusion. Besides, how would holding a Cdn LPR be a sign of immig intent to CBP. she later said hubby had "GC for 4+ years". focus.
 
Last edited by a moderator:
Really, why would you say that he is looking in Canada when she just got a job in US? Serious responses only, please
Click to expand...
Because she sais he ws looking for job and they will move to Canada. I think what was meant is they will move to Canada when he find a job [there].
 
nelsona said:
No, she said he is "a LPR (also canadian)". This would not permit your conclusion. Besides, how would holding a Cdn LPR be a sign of immig intent to CBP. she later said hubby had "GC for 4+ years". focus.
Click to expand...

I factored in the "goof in a uniform" factor on that assumption. I weighted it too heavily that they had a complete rookie examine the TN paperwork.

Anyway, this is EXACTLY why I am not married to my g/f as she is a GC holder I have zero interest in adding any more "immigrant intent" than 11 1/2 years here on a TN already gives me at the POE's.
I really need to stop crossing 12 - 15 times/year it's getting really old being pulled into secondary inspection for 1/2 the crossings....
 
You must log in or register to reply here.
Top