Spouse TD visa

A

Angeline

New Member
Hi.

Here is our situation:

My wife is not a Canadian citizen. She applied her TD visa while I was with my previous employer.
My previous TN visa lost validity since I lost my job.
We applied 'change of non immigration status' to change to B2 status. It is still pending.
Now I got my current TN visa.

My question is: what is the next step for her? Does she need go to a US consulate again to renew her TD?

Thanks in advance
 
The I-539 filing did nothing to her visa. She should cancel her I-539 before it gets approved (as should you) and instead apply for a TD using a new I-539, or go to the border and re-enter based on your new TN and her existing TD visa.
 
nelsona said:
The I-539 filing did nothing to her visa. She should cancel her I-539 before it gets approved (as should you) and instead apply for a TD using a new I-539, or go to the border and re-enter based on your new TN and her existing TD visa.
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Thanks Nelsona.
 
nelsona said:
The I-539 filing did nothing to her visa. She should cancel her I-539 before it gets approved (as should you) and instead apply for a TD using a new I-539, or go to the border and re-enter based on your new TN and her existing TD visa.
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Hi Nelsona, our situation is kind of similar.

My wife got her TD visa based on my previous TN. I got laid off last November, and she file I-539 with me immediately.

Recently I got my current TN. Meanwhile we received a notice from USCIS, which says our I-539 has been denied.

Her I-94 will expire late 2017 (aligned with my previous TN). In this case, will she be considered as overstay from last November? If she go to the border and re-enter, will there be a risk?

Thanks a lot.
 
That is why it is important to cancel pending petitions when you get approved for another. Right now, she is out of status and needs to go to border an get new TD I-94. She is only out of status since the denial, which is not too long I trust.
 
nelsona said:
That is why it is important to cancel pending petitions when you get approved for another. Right now, she is out of status and needs to go to border an get new TD I-94. She is only out of status since the denial, which is not too long I trust.
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Nelsona, thanks for your reply.

The decision notice we received, seems only regarding my application. It said my application has been denied since I departed. It didn't mention my wife's name or anything.

My wife didn't received a Receipt Notice or any letter from USCIS (She didn't file a separate I-539).

Does this mean that this notice shouldn't impact my wife's status?
 
You said earlier "our I-539 has been denied". Which is it?! If she did not cross the border, hers is still active and should now be cancelled before it is either approved or denied.
 
nelsona said:
You said earlier "our I-539 has been denied". Which is it?! If she did not cross the border, hers is still active and should now be cancelled before it is either approved or denied.
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Sorry Nelsona, I should make it more clearly.

My wife didn't file a separate I-539. Only I filed I-539 as primary and put her information as part my application.

So we only have one receipt number. When I check our case status on the USCIS website. It said that "we denied your Form I-539, with Receipt Number XXXX". We assumed that our I-539 has been denied.

When we received the decision notice, we found there is only my name on it. It said "You departed, thereby failing to maintain your previously accorded status. Your application is denied." It didn't mention my wife's name or anything.

I am quite confused. I am not sure if her application has been denied or not. If not, I even don't know how to cancel her application, since she did not have a separate receipt number.
 
Then I would assume she was also denied, and suggest she go to the border and get new TN I-94 that matches up with yours
 
In future, please don't "quote" my messages, I know what I wrote and they simply clutter the thread
 
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