Boyfriend has visa, but I don't. What to tell USCIS?

Hi,

My boyfriend (common law for three years) has Canadian, UK, AND Australian citizenship's along with two degrees.

We are both self employed consultants, incorporated (separately) in Ontario since 2005. Incidentally, I am a Canadian Citizen, partial degree, and was previously permitted to work in the USA under a TN Management Consultant visa for six months in 2004.

We have been traveling around the world for the last seven months and are physically in Australia at the moment. Before we started our trip, we pretty much sold most of our belongings so we wouldn't’t have to store them (we lived in Canada), but have kept a mailing address there (a relative). Our intention was not to go back to Canada at this time, but to work elsewhere in the world.

The time has come for us to look for employment and we find that my boyfriend has several very good opportunities in the USA. We are not so worried about him getting a visa, either E3 (Similar to H1-B, but for Australians, and infinitely simpler to get) or TN should be fairly straight forward. We are very concerned about me getting in to the USA though, as I wouldn't qualify for a TD, or whatever the 'spousal' equivalent to an E3 is.

I would be flying over to LAX from Australia with him and to remain lawful, would not stay for more than the six months I’m approved to. Truthfully, I have no intention to get a job while I’m there. (But as with everything in life, this may change).

I have an uneasy feeling that I may be highly scrutinized at the US border because I am traveling with my boyfriend who would be remaining in the USA, and meanwhile I don’t have solid ‘ties’ (i.e. a job, utility/rent receipts) in Canada (although I have enough money in my bank accounts to support myself while I’m there).

I’m thinking it just may be better NOT to travel with my boyfriend through LAX, rather head over separately and say that I’m visiting a friend with a work visa for six months. but then how do I handle the 'where do you live?' question?

Am I worrying too much about this? Any suggestions on how I can minimize my hassle?

Oh – and can I take (part-time) on-line courses at a Canadian post-secondary institution while I’m there, or should I think about getting a study visa for the six months?

Thank you.

If you get to the border (either with our without boyfriend) and say you're staying for 6 months, and you have no ties to Canada, I'd be very very surprised if they let you in!

Am I worrying too much about this? Any suggestions on how I can minimize my hassle?

You don't need to fly separately, just don't go through immigration together. Presumably you have enough to show you reside in Australia. Get a return plane ticket (or wherever you're off to next) if you can dated six months from the date of entry. Produce a bank statement that shows you have enough money to live on for six months, etc. in your name from Australia. Have the phone number of your friend to hand (so yes, that might make it better to travel a few days later).

From the sounds of it you will end up in secondary inspection but as long as you can check all the boxes I would have thought you could get in.

It's B-2, it's just a bit unusual.

Oh – and can I take (part-time) on-line courses at a Canadian post-secondary institution while I’m there, or should I think about getting a study visa for the six months?

You couldn't get an F-1 for this, the school has to do the paperwork.

Thank you for this information.

Actually, we are residing with relatives here in Australia as well. The only ‘tie’ I have to Australia is my cell-phone number (pay-as-you-go), and the only ‘tie’ I have to Canada is my mailing address (which is where my Canadian bank and credit card statements are sent to, as well as being my business address). My boyfriend on the other hand does have a few more ties here, including a car, insurance etc.

I’ve read a lot of responses on these boards over the last few days before I wrote my own post. It’s difficult to not be tempted to stretch the truth and say I reside at that Canadian address. Truthfully, when I go back to Canada, it IS the address of relatives where I *would* reside. Ironically, it is the same address that I used as my home address while traveling through several countries (Including the USA) since July of last year – it hadn’t even occurred to me that it was a ‘lie’, until I became more educated by reading these boards.

So, if I went back to Canada and arranged to rent a room incredibly cheap so that I can truthfully say that I have a place to go to in Canada, and perhaps arrange for a phone number as well – would this work? It seems like an unnessary expense. I’ve thought of arranging a lease with my relatives, but I’m worried this may become a tax burden for them if there is an agreement stating that they are getting rental income from me.

To clarify about the student visa: If I were to get into the USA for the six months, would I actually NEED a student visa to study online at a Canadian University?

Thanks again – it’s been very informative reading these boards.

You are a Canadian so attending a Canadian university (whether on-line or otherwise) shouldn't mean a pile of paperwork for you. I have never had friends do this while in the US, but certainly from many other countries and it has never even been a consideration as far a visa is considered in those countries.

Ok - so that's good news.

Let me try asking my other question a simpler way. If bank and credit card statements in my name do not prove 'ties' to Canada, what will?

Thanks again - I appreciate your replies.

Usually what they look for is a job that you're taking vacation from, and a mortgage or lease on a home. Actual things that "tie" you to somewhere that you can't just abandon.

If you have a Canadian bank statement which shows you have enough to live on for six months I would have thought that would be enough, get a plane ticket dated six months in advance that shows you intend to go to Canada then.

You might get into difficulties but honestly I'm not sure how you could mitigate them further, the only thing I can think of that would help would be a driver's licence.

Make sure you've got the actual name and address of where you're staying and who you're staying with and a good explanation of what you'll be doing while you're there.

Not having proof of a job you're doing in Canada doesn't help, but short of going to Canada and getting a job I can't see what you can do about it.

You could also try flying to the US via Canada, go from Sydney to Vancouver, because you can get pre-clearance at a major Canadian airport plus you're entering as a Canadian citizen from Canada so it's less unusual.

As far as studying on-line, this technically does require some sort of entry in a student category but the law has not caught up with technology and there is no category for someone studying on-line with a foreign university (as there is no way of them doing an I-20). You'd have to go to court to get that one clarified as I doubt there is any case law.

The only other advice I've got is to talk to a US consular official in Australia about it.