TD for unmarried couples

I am wondering if anyone can provide insight on TD Visa's for an unmarried couple. We live in Victoria and I have been offered an job in San Diego. My girlfriend and I are in our mid-20's and have lived together for 3.5 years now.

I will be applying for my TN on my way down there in mid-December (fully sponsored and supported by the company), while my girlfriend stays at her job in Canada until Feb. At that time, she will come down to live with me on a TD Visa.

That company has made it clear that they will put in every effort to find my girlfriend sponsored work, as they are investing in me for awhile and want to make sure the transition is easy.

I have A LOT of questions, but my first two are these:

1. Assuming we are able to find her suitable, sponsored work, is it difficult to transition a TD Visa to a TN Visa? Do they view her living in the US on the TD as time she spent down there looking for work?

2. Are unmarried, common-law couples eligible for TD Visa's, or do we need to get legally married to make the TD work?

Thanks!

Unfortunately for the TD you will need to be married. When applying for the TD, you will need to show your original marriage certificate.

Its also not difficult to change from a TD to a TN Visa if your wife finds a job that qualifies for the TN Visa.

Thank you and we look forward to helping you live and work in the U.S.

TN Visa Expert
http://www.TNVisaExpert.com
Helping Canadians live and work in the U.S.

Unmarried parners are allowed to get "B2 partner" status, which is about equal to TD, but the partner MUST maintain Cdn residnece (which TD does not).

Otherwise, I hear wedding bells in your future.

Sher can easily get her own TN from either status, jsut like you are doing.

Well what if this said individual gets married and 2 days later shows up at the border with his TN visa request?

I am going to be doing that. Been with my partner for 4.5 years. But only getting married just days before entering the US.

The border agent may think that you're trying to help that person enter by piggybacking on you.

Also, partner b2 may not be exactly the same. You can't get a Tax ID or SSN on a B2 as far as I understand. So if you choose to file taxes jointly, married, I think your partner needs to have an ID with the IRS.

Correct me if I am wrong please. Further, will your employer's medical insurance company 'admit' your spouse ?

Can a person get a TN, bring their spouse into the US as a visitor, and go to a CBP office in the US to their spouse, a TD visa?

Well what if this said individual gets married and 2 days later shows up at the border with his TN visa request?

The document issued at your ceremony will get TD status for the spouse. Bring invitation, couple of photos, etc as further evidence. US is not going to make you wait for the official registrars copy of the marriage certificate.

Also, partner b2 may not be exactly the same. You can't get a Tax ID or SSN on a B2 as far as I understand. So if you choose to file taxes jointly, married, I think your partner needs to have an ID with the IRS.

You can get ITIN on B2, as long as you've been in US long enough to have to file a tax return. File by oneself of course, since one cannot file joint ly if not married.

The only differnce betwen TD and B2 is (a) permission to study on TD without getting F1, and (b) requirement of B2 partner to keep a functional home in canada.

The border agent may think that you're trying to help that person enter by piggybacking on you.

Yes. So? TD is piggybacking. B2 partner is piggybacking. Both legal.

Can a person get a TN, bring their spouse into the US as a visitor, and go to a CBP office in the US to their spouse, a TD visa?

The can enter as visitor if they meet the requirements of visitor (home in canada, etc) And the apply for TD, not at an office, but by mail I-539. Most would simply return to border and re-enter on TD, or -- as you are going to do -- have spouse enter on TD from the get go.

In all this I'm assuming the spouse is a Cdn citizen...

Well part of what i was getting at, when a newlywed couple is to cross the border like that is the question of an anchor baby.

If your paperwork is in order, they're not likely to deny you, but marrying 2 days before you're to cross may raise some flags. It all depends on the officer you get.

No, neither supposition is true.

piggybacking? Anchor baby? You're reading too many minutemen press releases.

Drove from the greater toronto area with my wife of 2 days to the peace bridge, got a 3 year TN with solid documentation in about 40 minutes. Arrived at 9 15. Left just after 10

Did not have a marriage certificate - only a record of solemnization of marriage. At first the agent said a TD for her would be difficult. he talked to the supervisor and gave it to her.

the only thing he asked me was what i would be doing for the company.
Very polite. very professional. Great experience.

Message me if you have any questions. This was my second TN. The first was for 6 months

Same here, I drove from Montreal, where I married my gf 3 days ago. She has a TN status since July 2010. At the border I got a TD, just with the green page that is given to us at the end of the wedding ceremony (I guess this is what you call record of solemnization). It took about 20mn.

Same here, I drove from Montreal, where I married my gf 3 days ago. She has a TN status since July 2010. At the border I got a TD, just with the green page that is given to us at the end of the wedding ceremony (I guess this is what you call record of solemnization). It took about 20mn.

Hi, MattFL:
I have one question: are you a Canadian? That's why you can get the TD on the border. Right? What if you are a non-Canadian?

Our situation is like this: I am Canadian and will go to apply TN visa on the border. My wife is non-Canadian but she's a PR in Canada with 10-year US visitor visa. I wonder if she can go to US with me . She will apply TD in US consulate within 3 month after her arrival. Any suggestions? Thanks!