renewind TD visa while having a pending DS230 from diversity lottery visa

famita

New Member
well i'm so worried about leaving the US to apply for a new TD visa in Ottawa Canada. I'm a pr card holder and i'm on TD since 2010 under my husband TN whom is a Canadian citizen. This year i applied for the diversity lottery visa since i'm a moroccan national and surprise i was picked. I did submit DS230 and DS 122 to uscis because that's what i'm required to do, and i chose to go through consular processing because of the immigration intent. Now my husband found a better job and i changed my passport because i had to get the biometric one, so i need to get a new TD visa from the consulate. I'm just wondering if there is any other way to renew my TD without leaving US? and if i go with my husband is he at risk of being denied TN?
thanks for your help in advance

FZ
 
You can always renew TD status by remaining in US, and filing an I-539. You only need a new visa if you leave the country. When does your TD status (the I-94) expire? Your TD is still valid even if spouse gets a different TN.

Presumably he will join you on your DV process, but unless and until he submits an i-485 (which he won't have to due to going consular route) he has nothing to worry about in getting TN, but he might wish to apply by mail (i-129) just to be safe.

While you neother of you are technically restricted from travel, I would be keeping my travel to a minimum until I go fore my consular interview for my green card.
 
You can always renew TD status by remaining in US, and filing an I-539. You only need a new visa if you leave the country. When does your TD status (the I-94) expire? Your TD is still valid even if spouse gets a different TN.

Presumably he will join you on your DV process, but unless and until he submits an i-485 (which he won't have to due to going consular route) he has nothing to worry about in getting TN, but he might wish to apply by mail (i-129) just to be safe.

While you neother of you are technically restricted from travel, I would be keeping my travel to a minimum until I go fore my consular interview for my green card.

My I-94 is expiring in marsh 2014....thank you so much for your reply feels more relaxed now
 
So, you don't need to do anything in US until march 2014, by which time you should have your green card. Your spouse should mail-in his TN petition.
 
Oh ok but I do have a high ranking number so I'm not sure i will have my interview early that's why I'm worried about my TD
 
I 539

I was looking at the form online as I said before I did send the first DV lottery visa forms to uscis. There are two question about filing for immigration visa I don't know which question I should answe yes to 3a or 3b? Also I don't know if that can cause a denial?
Thanks for your help
 
famita, would you please update us on this. I am in the same situation. Thanks.

Sorry just saw your reply. I did renew my TD at the border in September 2013 without any problem. Now that my ranking number didn't survive the cut, I will have to go back to Canada and renew my TD visa because I will need to travel outside of the US next October. My I 94 is valid until 2017 if I didn't have to leave the US I wouldn't need to renew my visa. Hopefully I won't have a problem renewing it since I didn't submit any forms. Any question let me know. I forgot I did hire a lawyer in Canada because I was planning to do my interview in Montreal, and I needed him to schedule my interview there I couldn't do it alone. Good luck
 
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