TN1 Denial Anxiety

Hi all -

I am in the process of acquiring the needed documentation to secure my TN1 VISA status before entering the US. I am confident with the documentation but am feeling uneasy about the TN1 interview.

I have read horror stories on similar forums where applicants were required to establish "ties to Canada" before being granted TN1 status. If my fiancee (a Canadian citizen) is a graduate student in the US (with 1.5-2 years remaining) will this have any bearing on my ability to be granted TN1 status? I had planned on using my parents' address and my personnel bank account statements as proof of ties to Canada. Will the CBP representative consider my intention to be with my fiancee as reasonable ground to reject the TN-1 application?

Also, we plan on getting married this summer in Canada. Once married, would we face any hurdles upon returning to the US?

Any help is greatly appreciated!

Is your fiancee Canadian or American?

My fiancee is a Canadian citizen.

I don't see how having a Canadian fiancee would hinder an application for a US visa. Unless you blurt out "my girl friend lives in the US which is the only reason I am applying for the TN visa!" then yeah, it might have an impact.

The reason you need to establish ties to Canada is that the TN is a temporary visa, and not dual intent (ie: not a direct road to adjusting status to immigrate). If you have severed ties with your home country, then they will feel that you intend to use the TN status to stay illegally beyond the expiration date. If you do not sever your ties to Canada, and can show that you do indeed intend to return to Canada upon completion of your contract with your employer, then you should have no problem AFAIK.

If you're still feeling anxious, maybe have a chat with someone over at TNVisa Expert website, they can perhaps consult with you and ease your fears.

Ties to Canada should never ever be an issue for a TN since its absurd to conclude that you need to show ties when simply applying for TN status, unless you had some negative immigration history.

TNs are not even required to maintain a foreign residence.

Ties to Canada should never ever be an issue for a TN since its absurd to conclude that you need to show ties when simply applying for TN status, unless you had some negative immigration history.

TNs are not even required to maintain a foreign residence.

Since I had some negative immigration history, I still have to show my ties when applying for TN? I told my story in this forum that I was not banned when I tried to visit US, just refused twice and because of this, when I am going to apply for TN, I will include my TN documents along with the proof of ties or maybe unless they will ask for it. What do you think? thanks

It's entirely at the discretion of CBP.

TN-1 status requires the stay to be "temporary" which implies some sort of ties outside the US and visitor status requires an abode outside the country.

I too am getting TN1 Denical Anxiety.

I was given an offer by an American company to join their team as a systems analyst. I received my offer and they are in the process of preparing the letter to present at the border. I've heard many horror stories including from my own brother about crossing the border attempting a TN1 Visa and I am a little afraid of what's to come. I think I have my paper work in order but have this fear that none of them will be enough...and i will get denied on a technicality. The unfortunate part of all of that is that I had already given up my apartment and have organized a move since the company has offered to pay for my relocation. I have read many postings and warning but I am still uneasy.

My only biggest fear is the 'matching of degree' as well. Here's why: I have a College Diploma in Web Development along with certificates in Systems Analysis and Design, Database Programming and SQL Server 2000 with a recognized college in the U.S. I also received recognized training in my field through work deveIopment. I had been a Retail IT Consultant for the last 5+ years as a IT consultant and deployment specialist. Someone has told me that I do not have any matching qualifications in the TN1 categories and will likely be denied. Someone also said that I do not have enough education as it is required to have a bachelor's degree in IT. Someone also said that I will not get it if I only have my diplomas and must have my transcripts.

Can someone please lay down the law for me as to any of these - whether they are myths or truths. I also seem to be getting mixed information as to what to have with me when I cross the border. I have the following so far:

- offer letter from U.S. company
- Diplomas and Certificates in order
- Resume
- Project Summary List (was told to provide to show equivalent experience)
- valid passport

Waiting on:
- transcripts from school (taking time since I graduated many years ago)
- letter to the immigration

Are there any custom forms or forms I need to fill out now before I get to the border?

I was told to fill a 3299 and 6059B for the items I am bringing over. Are there other ones I should download now and pre-filled before I reach the border? I am always getting vague answers in the USCIS web site and US Custom web site.

Thank you for all your help.

Thanks.

If you've just got a truck with personal effects in it, you don't need any forms at all unless you've got something controlled like firearms or drugs.

You don't need a bachelor's for systems analyst (although the guy you get may incorrectly think you do.) A two-year post-secondary degree with three years experience is also acceptable. And generally speaking it must be something that matches the OOH description: http://www.bls.gov/oco/ocos287.htm

Computer Systems Analyst -- Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma n3 or Post Secondary Certificate n4 and three years’ experience.

n3 “Post Secondary Diploma” means a credential issued, on completion of two or more years of post secondary education, by an accredited academic institution in Canada or the United States.

n4 “Post Secondary Certificate” means a certificate issued, on completion of two or more years of post secondary education at an academic institution, by the federal government of Mexico or a state government in Mexico, an academic institution recognized by the federal government or a state government, or an academic institution created by federal or state law.

The trick is not to run afoul of any of the warnings in the CBP field manual:

The computer systems analyst category does not include programmers. A systems analyst is an information specialist who analyzes how data processing can be applied to the specific needs of users and who designs and implements computer-based processing systems. Systems analysts study the organization itself to identify its information needs and design computer systems which meet those needs. Although the systems analyst will do some programming, the TN category has not been expanded to include programmers.