My Wife TD is about to expire

N

nonam

New Member
Hi, currently I am the TN holder.

We apply for an TN extension last year at the Mexican Border.

They extended my TN for 2 years. (I am Canadian passport)
but only gave my wife only 1 years, because they said that her visa is about to expire. (she is Chinese Passport)

However I think the officer is confused, because the first time she did this was getting her TD first for 3 years, and then she used her TD to get her Visa. not the other way around.

My Wife TD is about to expire in May.
What should I do? go back to the border? what if they think she needs to extend her visa again?

Or can I do this through the mail or online for her?
 
The border sipmply will not give I-94 past passport expiry these days. But they should have not considered he r visa expiry in giving her 1-year, they should have matched your TN duration. I would send in I-539 and extend without going to the border.
 
nelsona said:
The border sipmply will not give I-94 past passport expiry these days. But they should have not considered he r visa expiry in giving her 1-year, they should have matched your TN duration. I would send in I-539 and extend without going to the border.
Click to expand...

Hi Nelsona, thank you for the reply.

that is what I thought as well.
I was given only 2 years instead of 3 because of my passport expiring in 2 years.
But my wife didn't have that issue.

How do you send in the I-539?
do you have a list for the procedures involved?
is the fee a lot more to send in I-539 than to go to the border?
 
can someone help me.
I filed my wife I 539 application months ago.
received the receipt on Apirl 15, 2015.
now it is September 23, 2015, still pending.

Her TD expired in June.
I know she is still legal to stay in the states.

but she cant travel out of the country right now, and her driver license cant be extended.

is there anything I can do?

Please help
 
I-539 take about 6 months. Are you watching progress online? You are correct that she has eight months of "pensing" status, after her I-94 expired, because you have submitted an I-539. But this doesn't help you with divers license, as the state you live (as most states) require valid I-94. You'll just have to wait.

Did she get a new Chinese passport yet?. If she did, she could go to a CDn consulter with an appointment for TD visa, and then return to US, getting her I-94 at the border.

She will at some point need a new consular visa.
 
nelsona said:
I-539 take about 6 months. Are you watching progress online? You are correct that she has eight months of "pensing" status, after her I-94 expired, because you have submitted an I-539. But this doesn't help you with divers license, as the state you live (as most states) require valid I-94. You'll just have to wait.

Did she get a new Chinese passport yet?. If she did, she could go to a CDn consulter with an appointment for TD visa, and then return to US, getting her I-94 at the border.

She will at some point need a new consular visa.
Click to expand...

hi Nelsona, I am watching the progress online, it should have been 6 months now, but still status pending.

What can I do at this point?
 
C'mon. The timeframe is approximate. There are websites that track' I-539's fore each service center. Surely you have been following these.
You simply have to wait, or abandon the I-539, make an appointment at a foreign consulate and re-enter (assuming she has her passport). Not much can be done to hastetn I-539 approval.

At this point I would wait, but it is your choice.
 
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