Fiancee come with me if I am on a TN1 VISA?

[dradical]

Hey guys. I'm getting bit worried about this. I am going to be going to California on a TN1 visa. I would like my fiancee to come with but not sure what visa she qualifies for? It looks as if she doesn't qualify for the TD visa (because we are not married) she won't be working in the US but I still want her to come with me while I am there. any ideas?

very desperate
cheers

[Steven]

As long as you've been living together (have some proof, same address on DLs for example) she can go in as a "co-habiting partner" in B-2, the standard visitor category, there is no time limit on her stay while you are there legally. http://travel.state.gov/visa/laws/teleg ... _1414.html

Take a copy with you as some USCIS people aren't aware of this provision.

[dradical]

your a a life saver! thanks a bunch. this is perfect
cheers!

[Steven]

Bear in mind like it says, she needs to renew it every six months, see the I-539 instructions.

[dradical]

I'm hearing from the HR people that shes only going to be able to stay for a period of 3 months. are the HR people wrong?

[Steven]

Absolutely wrong. First of all they don't seem to be aware you're Canadian, because the 90-day rule is for people on the visa waiver programme, not Canadian visitors. And B-2 for co-habiting partners can be renewed as per that State Dept. memo.

The real trick is to see if you can convince the agent at the POE to let her in for a year, as it says in the memo they can do that but they don't like to.

However renewing the status every six months is going to be tedious and expensive ($300 each).

I suppose the answer is to get married within six months then she can get TD. Although I suppose marriage is a bit more expensive than $300, lol.

[Reba]

nah, you can get the marriage license for like $40 and be married at the magistrate's office for $10. Bada bing, bada boom, wedding for less than $100

[A_plus]

I just went through this in June.

My fiance obtained a TN1 and I was able to get in as a co-habiting visitor for a six month period. In my situation, the one thing that prevented me from getting in for the duration of the TN (one year) was that I did not bring proof that I maintained a residence in Canada. Had I brought a copy of my lease, they told me that it would have been no problem to stay a year. (I did bring copies of recent bills, bank statements, etc. but they specifically wanted a lease or mortgage, etc.).

Either way, she WILL need to prove that she has maintained residential ties in Canada.

You may wish to seriously consider getting married once in the USA (we did!). Once you have your marriage certificate, which we received about 3 weeks after the wedding, she can either submit an I-539 or exit and re-enter the USA with you so that she can obtain her TD status.