Preparing for a TN visa application

Hi,
I'm preparing my paperwork for a TN visa as we leave Australia in a couple weeks. We are flying to Canada for a few weeks then was thinking of crossing the border about 10 business days prior to my start date at the new job (as that seems to be the consensus for when to cross). We will be driving across to Buffalo to make the drive (with 2 little ones I think we might break the drive into a 2 day stint as I'm not sure how they'll do in a car for so long..)

My employer has given me two letters - one has more detail than the other and they are signed by different officers in the University so I was planning on giving them both. I have my transcripts and my framed degree (a bit awkward) with copies of it.

My children will have their US passports ready in time before we leave (they already have Australian ones) and I understand my biggest hurdle may be proving a temporary intent since my husband is American.

I'm wondering how much paperwork to bring regarding this - I have rates notices for the house I own in Australia (the house is in my name - the mortgage is in both our names), a lease agreement with the tenant in our house, an agreement with the property managers taking care of renting the house, we are negatively geared on the house - so I have mortgage payment records to show as such, car loan agreement (in my husbands name) for the car we will be making payments for but will be in storage here. All of our furniture, appliances, car etc will be in storage on our property so I don't have paperwork for that but can take pictures to bring (not sure if it's worth it though) My husband owns a business here - I'm sure I can dig up some paperwork showing that.

I can't think of anything else to bring really - just wondering if I'm missing anything as it's going to be really expensive to try to come back for paperwork - thanks!

Since you have correctly concluded that your major hurdle is proving that your US husband is NOT planning to live more permanenetly in the US, I'm puzzled how you think the bringing proof that he has given up his home in Australia is going to help your case.

You will be showing evidence to the offficer that indeed your husband has no place to live other than with you in the US (if you get TN).

That quite simply is NOT very convincing; it gives the oppposite message!

Typically, couples in your situation would be able to point to an actual job, family ties, business, home, etc outside US, and would show that he has no intentions of giving those up.

Otherwise, the officer is quite easily going to conclude that, once in US, you are simply going to apply for GC based on his citizenship. This is contrary to entry on TN.

Sorry I'm confused - since we own the house in Australia and can move back into it with 6 weeks notice to our tenant whenever we want - is this more clear if we don't have a tenant at all while we're away?

We also have a house in Canada that won't be rented or sold at that time - I suppose I can bring that paperwork to show we could go there as well.

"Typically, couples in your situation would be able to point to an actual job, family ties, business, home, etc outside US, and would show that he has no intentions of giving"

This is what I was trying to show with the paperwork I listed - the Australian business my husband owns and our house here in Australia which is being rented out at a loss to us (just less of a loss than if we didn't rent it out at all) and all our belongings being stored including a brand new car - to me if we had any intention of leaving for a long period we wouldn't leave these things here.

Isn't the issue with proving "I" don't intend to stay there permanently - if my husband decided to he wouldn't be violating anything since he's American - isn't it that I am showing I will return to Australia that's the point (and logical that he would follow)

I find it confusing - if we had any intention of staying there permanently I would just put in the marriage based visa application - would have done it years ago. Oh well.

As I said, you may move back, but nothing compels your husband to move back, which is really what your husband needs to prove that he has no intention of living in US.

Also, having a US husband means by default you intend to live there permenently, and you must prove otherwise. Besides, you don't have anything that compels you to leave either, so I wouldn't get to pushy on this issue either.

I'm just giving you the warning.

All the best.

Ok - well if a house, business, car, all our belongings, friends and family, citizenship in Australia aren't convincing as reason to leave the US I have no idea what would be. I won't stress too much on the paperwork and just bring what I have in case I need it for some reason.

I will let you know how we go.

Cheers!

US CItizen Husband living in US with no other place to live trumps all that I'm afraid.

At least go to the border by yourself, so that you don't have tp flash those 3 US passports in the officers face.

Sorry - I don't understand how he has no other place to live?

You yourself said all your stuff is in storage. peope with a home to live in don't put everything in storage. Did you buy a house in canada recently? Did you rent an appartment in canada? Does he have a job in canada?

So, he does not have a home in australia (since he has rented it out) and he does not have a home in canada. I assume he has no other legal residence status in any other countries -- and he has no job.

So the officer will pretty easily -- and correctly -- conclude that he is coming to live in US --- and again -- a spouse who is a US citizen living in US is an almost insurmountable hindrance to getting any non-immigrant status (like TN, F, J, etc) unless one has overwhelming evidence that one is living elsewhere and is in US on the most temporary assignment -- as it pre-supposes that you will immigrate.

Put it this way: If you husband lived in US, and had a winter home in Australia, and you showed up at the border to get TN, you would be denied, based on his US citizenship -- unless you were commuting and maintaining your own home in Canada. You would be told to get an immigrant visa.
Your current situation is no different, except that instead of your spouse having a home in US, he is going to get one as soon as next week. The officer is able to make this leap of logic. He also presumes that mere weeks after entering US, you are going to apply for GC. Why wouldn't you, he's thinking?

Sorry you are having trouble with the concept of immigrant intent. many people do. But it is especially targeted to spouses of US citizens, so best to know about it.

Yes I see what you mean - but with his Australian citizenship, Australian business - I guess this is what we have on our side then - he is going to suss out neighbourhoods and daycare for us - I imagine we can hold off on finding a place to rent until we all get there and just stay in a hotel for a couple weeks.
We can't afford to keep an empty house for a year in Australia or Canada.

I really didn't want to apply for the spousal visa as we have no intention of staying in the US past the 2 year mark at the most - we love it here. From what I had read for the spousal visa you had to intend to stay permanently.

very frustrating... I guess we'll just have to cross our fingers we get an understanding TN visa officer..

Exactly: if it comes to this, play up the business, the short duration of your TN (you may wnat to ask for only one year TN).

The point was, going on chapter and verse of how you've rented out your home and stored your furniture would have been digging your own grave as it proved that you were all going to live in US.

And seriously, try and go to the border by yourself instead of with your merry band of US citizens -- even if it means leaving them ata mall on the Cdn side.