Visiting American Girlfriend After TN-1 Expires

[ontario]

Sure would appreciate advice -

I am currently a TN-1 holder which expires Feb 2009. I do not plan to work in the States afterwards and will take 6 months off from working in Canada. Semi-Retirement.
While in Wisconsin, I did meet a wonderfull girlfriend which I will want to come and spend somme time with - maybe stay in Wisconsin a month or two after I surrender my TN-1 visa in Feb 2009. I want to re-enter the US as a tourist after a 2 week stay in Canada. Do any of you see any potential problem with this plan?

[Reba]

Returning so quickly after surrendering a visa may raise some flags at POE and it may not. Technically you're allowed to visit the US for 6 months out of the year, and they may or may not count the 2 months you'll already be there for 2009, depends on the border officer probably.

If you will have no job at home in Canada, this will also raise flags that you may be intending to move to the US without benefit of proper immigration documents. Their job is to assume that everyone will be coming to live illegally, and its your job to prove them otherwise. Which is difficult (but not impossible) to do if you have no ties to Canada, and if you have a romantic partner in the US.

If you own a home in Canada and pay bills and have a phone etc etc this may help you to prove ties, however without a job that you need to get back to, and a "trial" retirment, you may be denied entry.

[ontario]

Thanks for quick response Reba - Food for thought. I like the part where you say "Their job is to assume that everyone will be coming to live illegally, and its your job to prove them otherwise".
Rather than claim I am going to see my American girlfriend, maybe I should just say I am going on vacation.

[Reba]

That's a start, but don't ever lie when they ask you a direct question. If they ask you who are you staying with, tell them truthfully. Answer in quick succinct questions, and don't elaborate. Only answer what they've asked. And always have proof with you that you have ties to Canada that you have to return to.

None of these are a guarantee that they'll let you in. People with partners in the US are denied entry all the time. And others are not even given a second glance by CBP.

[Steven]

As long as you've got residential ties to Canada (DL, lease agreement, utility bills) I can't see why you would have a problem. It's entirely legal to visit your girlfriend and to tell them that. They get iffy if they think it's a permanent move. I had an experience at Sweetgrass where the agent was convinced I was entering to see a gf (although I wasn't) but she still let me in.

[ontario]

Here are other facts:
Since I have been working in Wisconsin for the last 2 years, I have sold my condo in Montreal. I pretty well have everything go to my Cdn mailbox. I do pay my income tax to Canada. Will my tax return be good proof that I remain a Canadian?

[Steven]

Well, the problem there is presumably you've been claiming foreign tax credits, doing exchange rate conversions and using W-2s, so that will be plastered all over your tax return so it probably won't look that good to them.

Might be a bit tricky to get your DL converted in two weeks if you live in a Province where they mail them out, the only thing I can suggest is to wait until you've got some residential ties such as a DL before going to visit.

[Reba]

and a permanant residency in Canada will help as well. I assume that even though you sold your condo, you'll have some sort of abode once you arrive? Montreal is pretty cold in winter, I imagine living on the streets will be quite tough.