TN for me, but what about my (common law) wife?

I'm a Canadian whose been offered a job in the US, I don't expect much troubles getting a TN visa to work. But what about my common law wife? As far as I can see, she can't be listed as my defen...

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bonusball
New Member

Sojourner

Joined: 29 Apr 2008
Posts: 4
Location: Toronto

Posted: Tue Apr 29, 2008 4:15 pm

I'm a Canadian whose been offered a job in the US, I don't expect much troubles getting a TN visa to work.

But what about my common law wife?

As far as I can see, she can't be listed as my defendant, because we're not married. I'm just wondering what our options are here.

Look, I gather that you guys aren't lawyers. My new company has lawyers, but they don't even seem to know where Toronto is. What I'm looking for is some expat advice.

Maybe she could come on a tourist visa, and then try to find work while she's there, and then her new firm could help her get her own TN? Or maybe she could keep getting 3-month tourist visas?

She doesn't want to get married. It's a long story. But is that really the easiest, most failsafe way for her to come with?

Maybe I should urge her to reconsider, or just stay home?

voyager6868
Junior Member

Joined: 13 Apr 2008
Posts: 10
Location: Waterloo

Posted: Wed Apr 30, 2008 12:34 am

She can enter on a B-2 (visitor status) and should be able to keep renewing it as long as you're on TN (but she does have to prove that she has ties to Canada and that she will be returning once your TN is over).

See travel.state.gov/visa/laws/telegrams/telegrams_1414.html

She won't be able to work, but even if you were married, she wouldn't be able to anyways (on TD status if you were married).

The only way she can work is to secure, like you, a TN visa (or other visa that would allow her to work).

I'm actually in a very similar situation to you.

Reba
Moderator

Canuck in NC

Joined: 16 Jul 2004
Posts: 849
Location: North Carolina

Posted: Wed Apr 30, 2008 3:04 am

Canadians can visit the US for up to 6 months per year, but they can't work during that time.
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bonusball
New Member

Sojourner

Joined: 29 Apr 2008
Posts: 4
Location: Toronto

Posted: Wed Apr 30, 2008 4:26 am

Thanks guys.

voyager, I didn't know about that B2. That looks like the solution to my problems. She doesn't need to work, just come. And 6 months per year on a tourist visa is not bad, but I think she would be lonely for the other 6 months.

voyager, was there a long wait for you between applying for and receiving the B2 visa? I guess I should get cracking on this application form, the sooner the better.

voyager6868
Junior Member

Joined: 13 Apr 2008
Posts: 10
Location: Waterloo

Posted: Wed Apr 30, 2008 1:47 pm

Reba--in this case, the Canadian can stay for as long as the TN holder, as long as the Canadian continues to renew the B2 status every 6 months (the link I posted makes this clear).

"6. Thus, in evaluating these cases, posts should not focus on the absolute length of the stay; rather, posts should focus on whether the stay has some finite limit. For example, the temporariness requirement would be met in a case where the cohabitating partner will accompany, and depart with, the "principal" alien on a two-year work assignment or a four-year degree program."

bonusball--I haven't actually done this myself yet, but (I'm assuming she's Canadian here) you should be able to do it all at the border when you get your TN. I would bring along a copy of the document I linked to (plus all the documentation suggested in there: any proof of your relationship, proof she will return to Canada with you, etc.), and let them know that your partner would like to apply for B2 status for 1 year (they may only give you 6 months, but they are allowed to give up to 1 year initially). You can also request they give her an I-94 (technically these aren't required for Canadian vistors, but I think you can ask for one). Having that could make it a bit easier if you come back to Canada for trips, or if you decide to extend her status for each extra 6-month period by mail. Otherwise, every time you re-enter the US, you may have to re-explain the situation to the border guards.

There's technically no visa involved if she's a Canadian.

I should point out that I'm not an expert on this, but I have done some substantial research and the document I linked to pretty much covers it, for those who are skeptical.

bonusball
New Member

Sojourner

Joined: 29 Apr 2008
Posts: 4
Location: Toronto

Posted: Sun May 04, 2008 8:44 am

Thanks again, voyager.

But according to the US consular affairs site, it looks like this has to be applied for in advance, not at the border?
travel.state.gov/visa/temp/types/types_1262.html

Unless I'm missing something. And for those of you following along, here's the visa wait time calculator:
travel.state.gov/visa/temp/wait/tempvisitors_wait.php

And yes, my wife is Canadian.

voyager6868
Junior Member

Joined: 13 Apr 2008
Posts: 10
Location: Waterloo

Posted: Sun May 04, 2008 6:32 pm

Hi again,

It is a bit confusing. There is a distinction between a B2 visa and B2 status. A B2 visa is never needed by a Canadian (if it were, then any time you crossed the border for a trip or to go shopping in the US you would need one).

Canadians who are visitors are assigned B2 "status" at the border by default (unless they are applying for, or have a different kind of status, like TN, H1B, etc.).

The reason your partner is a bit of a special case is that you want to get this B2 status for as long as possible (up to the 1 year maximum). And since it's a bit of special circumstance, they may require extra evidence that she is returning to Canada and about your relationship.

But you definitely do not need to apply for any visa for her in advance.

Steven
CanuckAbroad VIP