Moving my family to the US is SO CONFUSING!

Ok so this my first post I'm hoping someone can help me as I'm feeling very lost!

I'll start with the basics...

I am an English Citizen living as a Permanent Resident of Canada and have been now for over 15 years (please don't ask why I never took my citizenship!). I am a business owner in Canada however do not have to be in the country to run it (that's what my manager is for), I am an Architectural Engineer by trade.

My wife is a Canadian Citizen born and bred and has two children who are also Canadians aged 6 and 12. My wife is a Registered Cardiac Nurse through a reputable hospital in Ontario and has been for 7 years.

We are wanting to move to Florida (Ft. Myers) on a TN visa if possible. We had an agency assisting us that said she has to get CGFNS Visa Screen and a US nursing License by passing the NCLEX-RN exam. She has now received both of these and we are at the point of moving and we had some bad news.

Our agency has now mentioned that she can enter on a TN1 but I cannot as I am not a Canadian Citizen. Is this true as up until now they have said no problems for me. Now I do not NEED to work in the US really as my business will primarily be in Canada anyway, so will they let me move with my wife and our kids? I remember reading that there is a way for family members to go with there 'other halves' and not work but now I can find no information on whether this works for a PR of Canada?

Also now I am getting horror stories saying our children will not be allowed to attend school as they will have no SSN and I won't be able to drive with no TN visa as I won't have an SSN either??

Sorry this is long but I'm getting really concerned... the agency at first said 'no problems' and now it's a different story and we are well over $1500 and 6 months in to this process and are so looking forward to a move. Please if someone can help it would be REALLY appreciated!

Rob

You and your children would qualify for a derivative TD status. Your children can attend schools on a TD, but you cannot work on a TD. Also, since you are not a Canadian citizen you require a visa to enter the US and will need to apply in advance at a US consulate in Canada.

I lived in Fort Myers so I can give you some advice there if you need it. I should let you know that the economic crisis has hit Fort Myers/Lee County a lot harder than other parts of the country, so if you are hoping to find work down there at some point, you will have a really hard time doing so.

You and your children would qualify for a derivative TD status. Your children can attend schools on a TD, but you cannot work on a TD. Also, since you are not a Canadian citizen you require a visa to enter the US and will need to apply in advance at a US consulate in Canada.

I lived in Fort Myers so I can give you some advice there if you need it. I should let you know that the economic crisis has hit Fort Myers/Lee County a lot harder than other parts of the country, so if you are hoping to find work down there at some point, you will have a really hard time doing so.

WOW.... thanks so much for your quick response!! This site is incredible... no one on my end had the right answers for me!

I know that Ft. Myers has been hit hard, we travelled in Jan for a month to try and get a better 'feel' for the area. We are returning on Jun1 for another few weeks to try and look for housing etc. Now my wife has got some interviews and has been told that sponsorship for her is not an issue. As for me, well if I am able to one day change my status to work in the US I think in my line of work I'd be out of luck! I'm ok with earning from Canada (but will take a paycut as I'm paying someone else to do my job!), but hope to get a feel for US living over the next few years so as to decide on potentially applying for Immigrant status.

So axolotl, will I be able to get a DL in the US or do I just operate on my Canadian one? I was told I'd need an SSN to get one, but I would think I wouldn't get an SSN without a TN visa, am I right?

Also do you happen to know what visa I will require to enter the US as a 'non-worker' with my wife? I know right now I have to obtain a 3 month I94 to go to the US, hopefully whatever Visa I require would last longer than that (hopefully the term of my wifes TN), does that sound feasible?

Thanks so much for your response!

Rob

So axolotl, will I be able to get a DL in the US or do I just operate on my Canadian one? I was told I'd need an SSN to get one, but I would think I wouldn't get an SSN without a TN visa, am I right?

Yes, you must have a SSN to apply for a Florida DL. You cannot obtain a SSN unless you are working legally in the US on some sort of work permit such as a TN.

Also do you happen to know what visa I will require to enter the US as a 'non-worker' with my wife? I know right now I have to obtain a 3 month I94 to go to the US, hopefully whatever Visa I require would last longer than that (hopefully the term of my wifes TN), does that sound feasible?

As I mentioned before, you will need to get a TD visa from your nearest US consulate. Contact the consulate for more details on how to apply, what is required, etc. You and your wife will both have to go to consulate even though she does not require a visa to enter the US, as your TD visa is dependent on her TN status.

Perfect! Thanks so much for all of your incredibly fast and knowledgeable input!

I thought you were saying I'd require a different type of TD visa, now I understand completely. So basically I'd have to stay with my Ontario or British DL as I couldn't get a SSN and my wife could choose to change and get one if she so desired (or was required by FL state law). I would presume that the childrens TD visa would be processed at the Consulate as well but I can now find that out from them.

Shot in the dark but you wouldn't happen to know if the appointement I would book with the Consulate would be like our move to Canada and scheduled almost a year in advance would you? If so it changes our plans drastically! I was just thinking it best to wait for my wife's CGFNS Visa Screen Cert to come through (they said up to 2 weeks) and until she has a job offer, or if I should contact now to book the appointment? It would be a shame to get an offer on paper and all credentials and get told it takes 3 months to get an appointment!

I thought you were saying I'd require a different type of TD visa, now I understand completely. So basically I'd have to stay with my Ontario or British DL as I couldn't get a SSN and my wife could choose to change and get one if she so desired (or was required by FL state law). I would presume that the childrens TD visa would be processed at the Consulate as well but I can now find that out from them.

As your children are Canadian citizens they do not need a visa stamp to enter the US. They would get their TD status at the POE just as your wife would get her TN status upon entering the US. Since you are not a Canadian citizen, you need a visa to enter the US.

As for the DL issue, your wife can obtain a FL DL pretty easily since they have special rules for Canadians (which is drastically different from DMV policies in other states regarding the licensing of non-citizen drivers). Basically she just needs to bring in her proof of citizenship, FL residence, and the Canadian DL and she gets a FL DL.

Shot in the dark but you wouldn't happen to know if the appointement I would book with the Consulate would be like our move to Canada and scheduled almost a year in advance would you? If so it changes our plans drastically! I was just thinking it best to wait for my wife's CGFNS Visa Screen Cert to come through (they said up to 2 weeks) and until she has a job offer, or if I should contact now to book the appointment? It would be a shame to get an offer on paper and all credentials and get told it takes 3 months to get an appointment!

Each consulate has different wait times. Visit this site to find the wait times for the consulate nearest you. http://travel.state.gov/visa/temp/wait/ ... s_wait.php

AFAIK, you would not be eligible to even apply for the TD however until your wife has her TN stamped in her passport. You can't just show up at the consulate and say my wife is heading to the border next week hoping to get a TN, can I have a TD? The TD is entirely dependent on the TN, so she has to have that first.

Also, you do realize don't you that the TN status is temporary and not an avenue to permanent residency right? Have a look around the site here, there are more than a dozen people recently who have up and sold everything in Canada only to lose their jobs in the US and have nothing. If she loses her job in the US, you have to leave within 10 days or so.

Just a head's up.

AFAIK, you would not be eligible to even apply for the TD however until your wife has her TN stamped in her passport. You can't just show up at the consulate and say my wife is heading to the border next week hoping to get a TN, can I have a TD? The TD is entirely dependent on the TN, so she has to have that first.

Right. She would have to go to the border to get her TN, then come back to Canada to go with him to the consulate to get the TD visa. Also, another thing to add is that, as the TD is totally dependent on the TN, if your wife loses her job, not only does her TN status effectively end, you and your children also lose their TD status. This means that your children can no longer attend school, and you must ALL leave within 10 days or you will be considered to be out of status.

Ok so using your advice I looked on the website suggested for the US consulate. After some careful reading they say (as do you) that I do infact have to attend a US Consulate for my TD visa and that at the same time my Wife has to attend with her or FOR her TN visa. If applying for her TN visa at the same time then the children would also attend to receive there dependant visa's. It will slow us down a little having to go the Consulate however they are generating appointments within the 6 wk time frame so that's not to bad.

Now we do understand that I would be a 'dependant' and my wife the worker. As I would still be generating income at home I could still supplement however taxes in the US could be a pain to figure out (my next big read topic I'd think!). We are aware that if she lost her job then we'd be sent home as this a non-permanent visa, however she is on a 3 year contract with a large hospital in a field that she is over qualified for and that no US born employees with the same credentials applied for. So with that being said.... life is a gamble.... I figure that within 3 years we will know if the US is for us or not. If it is then we can return to Canada to start the immigration process (understanding it might take a few years to get there as it did me to Canada in the first place!) if it is not possible to start it whilst employed in the US. If it is not for our family then we will search out new avenues in the future! You could call this a 'trial run' if you will, I believe that having an option to try before you buy is fantastic when talking about relocation so why not take the opportunity right.

Check with the consulate to be sure, but I do not think that your wife or your children get their TNs at the consulate. First, Canadians don't actually get a TN from a consulate. They can only get it at a POE. This is because Canadians do not require visas to enter the US so although most people call it a TN visa it is actually more accurately called a TN status.

However, since you are not Canadian, you definitely need a visa to enter the US. This is why you need to go to the consulate. However, your visa is entirely dependent on her TN.

So she needs the TN before you and your children can get your TDs. As for the kids, since they are Canadian, they would get their TDs at the border in much the same way that your wife gets her TN there.

Therefore, the process is:
(a) your wife goes to a POE to apply for a TN
(b) she receives her TN
(c) you go to the consulate with her and her TN documentation (I-94, employer letter, etc) and a copy of your marriage license, and you receive your TD visa stamp
(d) you, your wife, and the children go to the POE; the children are admitted in TD status under your wife (they don't need a visa) and you are admitted in TD status under your wife (after showing them your visa), you and your children get I-94s