small children and the TN status

Getting this an intermediate and unnecessary step. It will still be faster to get their actaul US passport, which they would still need eventually.

I'm pretty sure they can get a US passport without the consular report, and requires the same documentation.

I'd skip this...

-- Wed Dec 23, 2009 6:47 pm --

... on hubby. It's very important for you that your husband be well-established residentially OUTSIDE US, otherwise it will be assumed (almost irrefutably) that since he is a US citizen intending to live in US, that YOU are going to join him as such, and this would make you ineligible for entry on TN, B2 or any other temp status. This is the dotcrine of immigrant intent which trips up many spouse or intendeds of US citizens wanting to enter US otherthan by spousal gren card or fiancee consular visa.

So he needs to be able to show that he has absolutely no intention of living in the states more than temporarily, which may be difficult without a home in canada, and perhaps none in Australia either.

Apparently it's the same appointment to get both at the same time and they have a service if you're leaving in 15 business days so hopefully we can get it all sorted before leaving Oz.
Though I'm getting a bit down with all this paperwork...

-- Wed Dec 23, 2009 3:56 pm --

We own a home in Australia, my husband owns a business here and I now own a home in Canada - I have no intention of staying in the US - just taking up great opportunity with a great position and make alot of contacts before coming back before the kids start school.
The plan is just to tell the truth and hope they approve it - if not it's not the end of the world there are alot of opportunites in Canada and Australia for employment.

Just wanted you to be aware that spouse of US citizen, since it carries a lot of privilege, it also means border guards are very leery of letting you in as a temp.

All the best

Thanks for that - it's really my only option as I don't want to stay there permanently and from what I read that's what your intention has to be for the K visa - so if the TN doesn't work I guess the employer would have to sponser me but I would probably just go back to Australia

Thanks for all your advice

If you are denied TN, it will take several years for the employer to sponsor you for green card, so that isn't going to happen.

As i said, to ensure getting TN, any notion that your husband (or you) have intention to live in US has to be removed from CBP officers head. This is done by having FIRM current roots elsewhere.

Actually there is an equivalent sort of visa you can get as an Australian citizen (E3 visa)- same kind of status but you don't have to have a job on a list - just a professional job with a degree - so that would probably be the next route to take if there was a problem with the position fitting the list of positions (I understand that it wouldn't make a difference if they didn't believe we were going over temporarily..) - it doesn't require full sponsorship but filling out the LCA form - so still much cheaper and faster than the other kind of sponsorship - sorry I forget what it's called.

Slightly off topic question - if you're driving into the US with your husband and 2 children - do you all go in for the interview even if you're the only one that needs the visa? - I guess I'm asking if I am going to have to prove my husband does not intend to stay permanently - ie showing the car payments we will be making for a car staying in storage while we are away etc - that stuff is in his name only but I'm not clear if I have to prove it or if he will be interviewed as well even though he is American..

Thanks!