TD Visa Renewal at the border for non-Canadian question

J

jk561w

New Member
Hello,

I'm Canadian working in the US that changed employers early this year and got new TN thats good till 2026 but my non-Canadian wife was travelling at the time and now she's back in the US with the old TD visa expiring Jan 17th 2024. She applied for the TD extension using I-539 back in September 2023 but now she needs to travel internationally to visit family in January 2024 when there's a good chance that her I-539 application won't be approved yet.
So my question is can we just drive to the border POE and ask to renew her TD there instead of waiting for the I-539 application? Her passport and TD visa and I-94 will still be valid if we go before Jan 17th, 2024 i'm just not sure if this is a fairly straightforward process that most likely won't have issues? Since we'll be abandoning her I-539 application if we do this i just want to see if this is something we can do without much risks.

Thanks!
 
Since she is travelling "internationally" (I assume that means outside North America), it doesn't matter whether her I-539 is approved before she leaves or not (It very likely will not). Her new I-94 would not be sufficient for re-entry after Jan. 17th, as she will first need to renew hew consular visa before returning.

So her options are to return to US before Jan 17, and get a new I94 at the POE (with usual proof of your TN and marriage
OR
Make an consular appointment to coincide with her travels (with documents listed above), and return with a new visa, and get a new I-94 at the POE.
 
nelsona said:
Since she is travelling "internationally" (I assume that means outside North America), it doesn't matter whether her I-539 is approved before she leaves or not (It very likely will not). Her new I-94 would not be sufficient for re-entry after Jan. 17th, as she will first need to renew hew consular visa before returning.

So her options are to return to US before Jan 17, and get a new I94 at the POE (with usual proof of your TN and marriage
OR
Make an consular appointment to coincide with her travels (with documents listed above), and return with a new visa, and get a new I-94 at the POE.
Click to expand...
Thanks for the quick reply nelsona.

I'm quite confused right now after your response so i have a few questions:
1. Just to be clear the consular visa is the visa page affixed to her passport given by the consulate during her initial TD application correct?
2. If her I-539 approved will she not get a new extended TD visa? Why won't she be able to re-enter after Jan. 17th if her I-539 is approved?
3. Does this mean that I-539 is useless and we have to schedule to renew the consular visa regardless?
4. So we can go to border now and get new I-94 right now but that's not a TD visa extension?

Appreciate the help!
 
jk561w said:
Thanks for the quick reply nelsona.

I'm quite confused right now after your response so i have a few questions:
1. Just to be clear the consular visa is the visa page affixed to her passport given by the consulate during her initial TD application correct?
2. If her I-539 approved will she not get a new extended TD visa? Why won't she be able to re-enter after Jan. 17th if her I-539 is approved?
3. Does this mean that I-539 is useless and we have to schedule to renew the consular visa regardless?
4. So we can go to border now and get new I-94 right now but that's not a TD visa extension?

Appreciate the help!
Click to expand...
1. Yes. A US visa is a sticker that takes up a whole page and says "VISA" on it, which you can only get at a US embassy or consulate abroad. I am not sure if you are using the term "visa" correctly in your original question. Do you mean the visa expires January 17, or the I-94 expires January 17?
2. I-539 is for extension of stay or change of status. That only applies to the current stay. It has nothing to do with any future entries. For a foreigner who is not a Canadian to enter the US as a nonimmigrant, they need a valid US visa corresponding to the status they seek to enter into (except for VWP visitors, and people who take leave for a trip to Canada or Mexico of less than 30 days and return to the US, who can enter on Automatic Revalidation). When they are admitted, they get a new I-94 with a new period of admission that depends on the regulations for the status they are entering on; it does not depend on the period of admission (and any extensions and changes) they may have gotten on their previous stay.
3. Yes, the I-539 is useless if she leaves the US. Leaving the US automatically abandons the I-539. Even if the I-539 were approved, leaving the US would end the stay, including any extended stay granted by the I-539.
4. There is no such thing as a "visa extension". Maybe you are confusing it with an extension of stay, which extends one's status while inside the US. A US visa is solely for entry, and only needs to be valid on the day of entry. If one needs to enter after one's visa expired, one would need to get a new visa. When she leaves and re-enters the US on a valid visa (whether that be the current visa if she enters prior to or on the expiration date, or a new visa), she will be granted a new TD I-94 and a new period of admission that should correspond to your TN period of admission (unless her passport expires sooner). Though she should make sure that they don't treat her as using Automatic Revalidation and give her the same period of admission as currently.
 
1. Just to be clear the consular visa is the visa page affixed to her passport given by the consulate during her initial TD application correct?
Correct.
2. If her I-539 approved will she not get a new extended TD visa? Why won't she be able to re-enter after Jan. 17th if her I-539 is approved?
Consular visa applications are completely separate from I-94 issuance.
For automatic visa renewal, one has to (a) have a valid I-94 and (B) be visiting North America only, so this would not apply in this case, even if only travelling in North America: Before 1/17, they have a valid visa, after 1/17 they have no valid I-94.
3. Does this mean that I-539 is useless and we have to schedule to renew the consular visa regardless?
Yes. I-539 would only be useful if she was not leaving the country for many months. It would keep her in status while in US (or on re-entry after short trips in North America)
4. So we can go to border now and get new I-94 right now but that's not a TD visa extension?
Correct. See answer #2. To re-enter US after 1/17 she needs a new consular visa, along with the I-94.
 
I appreciate both of your replies. I checked her I-94 expires 01/01/2024 and passport visa is 01/17/2024.

I thought the I-539 application was to renew the TD and we'd have a new visa page in passport after the I-539 is finished but guess that's not the case. But with your answers i think i understand now so

1. if she didn't plan to travel internationally the I-539 will just extend her I-94 so she'll be able to stay until the new I-94 date
2. but the consular visa is needed if she plans to leave and re-enter USA after that visa expires
correct?

If thats the case is there a way to renew her consular visa while she's inside the USA? Or must she do it while traveling in China and schedule appointments for interview etc. like she did first time getting the visa.

Thanks!
 
1/2. Correct.
There is no provision for renewing visa inside US.

She will need a consular appointment, likely in her home country when she travels there.
 
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