TN1 visa

I have a pretty complicated situation. About 7 years ago I tried to enter the U.S. on a TN1 visa (I have a B.A. in psych) but I was denied entry at the Rainbow Bridge because my husband is a U.S. citizen and told to apply for the K3. I never ended up doing this because we separated soon after. Right now we are technically still married but I live in Canada with our 2 kids (who were born in Canada). I am currently pursuing employment in the U.S. as my sister lives there as well (she will be getting her citizenship in 6months). My question is, what is the best way to enter the U.S. to work with my 2 children? Should I ask my soon to be ex to sponsor me (not my preferred option), try to enter with the TN1, or wait to have my sister sponsor me? Will my children have a problem coming with me? I have never had any problems travelling to the U.S. but I suspect this will be more difficult. thanks so much any input is appreciated!

If you re-apply for TN, you may encounter the same problem, that is, you displayed immigrant intent (your husband is American) while attempting to enter on an non-immigrant status or TN. If you want to enter under TN, get a divorce and show the documentation at the port of entry while applying for immigration status.

Your children were born in Canada, therefore they are Canadian citizens and are eligible for TD Status and may accompany you under TN.

Having your sister sponsor you might be the best route.

Historically, the Niagara ports of entry have always applied the laws of NAFTA stringently and the issue of displaying immigrant intent might not have been such a big deal at other ports but not at Niagara Falls where the "letter of the law" has been so judiciously and consistently applied in the past.

thanks so much! i appreciate your help

You need some proof that you're no longer married, because the first thing they will do is look in the entry record and see why you were denied previously. So take divorce papers or whatever to show that the relationship is over.

Your children are not as simple as getting TD because they qualify for US citizenship. The better idea is to get their citizenship sorted out and they simply enter as US citizens. If you have joint custody with the father you will need proof he has given his permission for you to move (the fact you're moving closer isn't relevant, it only boils down to the fact that you've moved).

The only slight snag is that if your children are US citizens, CBP may think you don't have non-immigrant intent. However having children who are US citizens in no way confers upon you any advantage in staying longer, so it shouldn't be a problem. Depends how old they are, if they are teenagers they will be approaching the age where they can sponsor your entry.

Obviously being US citizens is a major advantage to them over being on TD for many reasons if they're living in the US. They can work, get in-state tuition rates, get permanent SSNs and so on. The only disadvantage is that the tax situation could get complex, but they will need income first before that becomes a problem.

Your sister can sponsor you on I-130 when she gets citizenship, however it would be fourth preference and those take (roughly) eight years for a visa number to come up and then the best part of another year to adjust status or get a visa, depending on where you are at the time.

Read this: http://www.consular.canada.usembassy.go ... abroad.asp