Canadian Citizen for TN - Spouse Indian citizen on Visitor visa in Canada

zorrinn

zorrinn

New Member
Me - Canadian Citizen currently living in Toronto
Wife - Indian Citizen on visitor visa in Toronto (living with me)

We are getting ready to apply for her dependent Canadian PR

Meanwhile, I got a contract job in US. I have an Engineering degree, so can go TN.

How should we proceed? Go together to the US consulate and apply for my TN and her TN dependent?
Will they give her trouble because she isn't applying from India (her home country)?
 
A Cdn citizen can never obtain a TN at a US consulate in Canada (this provision exists only at overseas consulates where a trip to the border would be impractical, and issuance of the TN and TD would allow both to make the long journey to US with the matter resolved), so you will first need to obtain your TN at border or by mail, and then she can get TD visa at consulate.
She will face no issue getting her visa as a "3rd country national" since she has a certain standing in Canada (even though it is merely visitor visa).
 
I tried filling out the DS-160, with Toronto as the consulate and it did allow me the option of choosing "Purpose of Trip" as "NAFTA Professional (TN)".

I thought as my wife is going to the consulate (which is steps away from where I live), I might as well accompany her and get the visa together.

Are you positive, I cannot obtain it from the consulate?

Additionally, this USCIS table says even the dependent doesn't have to go the consulate. All confusing for me.

https://www.uscis.gov/working-united-states/temporary-workers/tn-nafta-professionals
 
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I have never heard of a US consulate in Canada issuing a TN for a Cdn citizen. Even TN at remote consulates is only granted under extenuating circumstances. Merely being able to select TN from a drop-down does not ensure processing. You could be a Mexican living in Canada.
But, you will not be arrested for trying. Let us know what happens.

If you don't get TN at that time, nor will your spouse get TD, so some wasted time on both your parts. You will then need to get TN, and reschedule her appointment.

If you do get consular TN/TD visa stamps, you will still be expected to present all your TN paperwork at the border when entering. Expect some pushback from the CBP, as they typically don't like the State department interfering with their DHS jurisdiction.
 
Thanks for the info. Will keep you posted.
P.S: I edited my previous post that has a link to USCIS website saying even dependents don't need to go to the consulate.
 
Your link says no such thing. Non-Cdns MUST get a visa to enter on TN. "admission" refers to border, "visa" means consulate. "extension" is AFTER one has already obtained TD visa previously at consulate. Be assured that Indian citizens need a visa.

You are making it confusing for yourself. 1000's in your situation have gotten border TNs and consular TDs for their non-CDn dependents without the slightest hiccup, nor variation in method.
 
Hi NelsonA,

OK. So went to US consulate in Toronto, with my spouse this morning.
First screening, they wondered why I'm applying at the consulate - I mentioned that I'm going to be travelling with my spouse and also that I live paces away from the consulate, so it makes sense just to drop in.
Second - finger printing for both me and my wife.
Third - the officer asked why I'm applying at the consulate - I gave the same answer (although she looked annoyed).
She had an elaborate conversation about my job and my experience, which totally matched whatever was given there and matches the TN visa eligibility.
However, she said I wasn't qualified. I told her that I have worked with this company before (some 10 years ago) and I've been in this industry for 15 years.
Nope... she said, she doesn't think I'm qualified. I even insisted I show her my degree.

She never looked at my US employer's offer letter, my credentials or anything. Just plainly asked questions and rejected me saying I wasn't qualified.
She suggested that I try applying at the border and that they may find me qualifying for TN.

My wife's application was not even looked at. None of our passports were stamped.

Should I go to Pearson airport (or only the US border?) and just get it stamped and ask my wife to go again?
 
As I warned, it was unlikely that you would be issued a TN at the consulate in Canada, and now will have to apply at the border as was originally suggested; but thanks for re-confirming this for future reference. They simply do not process TNs! (I would thus not even worry about anything that was told to you about the merits of your TH application either).

You must now go to the border (Pearson would only be if you were flying INTO US, not for walk-ups) and get your TN. Then have spouse go back to the consulate. As already told. Nothing changed in previous advice.
 
Just realized that since my 4 year Engineering University Degree is from India. So I guess I need a degree evaluation, then?

If I'm rejected again, I'm totally perturbed that this will also affect future travels to the US (especially my wife who is still in visitor's visa). Jeez!!
 
It won't, but don't show up with a half-prepared TN, like you did at the consulate. It's annoying.
 
OMG! Just found out that WES expects my marksheets to be sent over to them from my Indian university in a sealed envelope before they do the evaluation. This is ridiculous!!
I have lived in the US in the past, worked under H1B for 5 years... they never asked for this at the time.
I also have over 15 years experience in IT field. Doesn't help either.

I'm running short on time. Don't know what to do :(
 
nelsona said:
It won't affect her. WES is fine.
Click to expand...
I assumed it would affect my wife, as she is a new arrival in Canada on visitor's visa, still haven't got her PR.
Came with me to the US consulate to get my TN and her TD, and got refused.

So if she goes back to the US consulate for a US visitor's visa let's say 2 weeks from now, wouldn't they suspect something?
 
Why would they "suspect" something? Is she eligible for a visitor visa? Does she have sufficient residential ties outside US?
She didn't get her TD refused, she never had a chance, because you showed up without a TN.

I'm surprised you didn't have to get your degree evaluated for H1. In any event, it would have been a good idea in those 5 years to have it evaluated, even for labour certification process; now you will.
You could try UofT.
 
She is eligible for a visitor's visa. She's married to me. I'm a Canadian Citizen. She's yet to receive her Canadian PR. Her status in Canada is visitor.
You may be right. She was never interviewed. She stood besides me as I was refused TN.
I checked the D-160 status after and it was marked 'Refused" for us both.

Perhaps 15 years ago, H1B didn't need evaluation.
Anyway, I checked all the Canadian evaluation services, only ICES (located in BC) can do it in 4 weeks. Everyone else 8-14 weeks. UofT 10 weeks minimum.

Called my US employer and checked. They are a small company of 4 employees. I worked for them from 2000-2005 (on H1).
They asked me to call Silvergate evaluations located in Baltimore, MD. They have express service and can get something to me in a week.

They said, they've done 1000s of evaluations for H1B and TN and they haven't had trouble.

But recently I heard a friend who was sponsored by KPMG got refused at the border for not providing evaluation from reputed organization from within Canada, though went through without trouble at the airport.

NelsonA, you've been rather patient with me. I appreciate your advise. Thanks in advance.
 
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OK. Finally, I went to the airport... had me a fully refundable ticket. Go there 4 hours before the light.
No problem. Just got the TN status. They were super nice to me.

I'll have to get an appointment at the US consulate for my wife. The only on at Toronto is on the 10th and I need it before. So I guess Ottawa it is :)

Hopefully they won't refuse her this time.
 
Interesting strategy to buy ticket just to get TN. Too bad you didn't think of this 4 weeks ago when you started all this.
 
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