TN/TD Visa extension, TD to F1 visa for wife

M

Mahadevan Swamy

New Member
Situation:

I am a Canadian citizen working on a TN Visa and my wife is an non-Canadian citizen and she is here with me in United States on a TD status. My recent employer gave me an offer letter last year valid from Sept 2016 - Aug 2019. My canadian passport at that time (2016) was expiring on Dec 2017. So when I went to the border, the border official gave my TN visa (I-94 card) valid up to Dec 2017 based on the validity of my canadian passport. My wife came to USA on August 2016 and she got a TD visa stamp at the port of entry (New york) valid until Dec 2017. She got her TD visa from the US consulate in India valid up to Dec 2019 (Her passport is expiring in 2019).

Now I have renewed my Canadian passport which is now valid for 10 years (May 2027). I plan on going to the US-Canada border to extend my TN status (up to Aug 2019) and my wife's TD status.

1. Since my wife is a non-Canadian citizen, can she also extend her TD status at the border along with my TN extension (extending the TN status to August 2019)?

2. My wife wants to study in the US. Although she could study on a TD status, she won't be able to get OPT and work in internships. Therefore what is the appropriate procedure to convert from TD status to F1 visa considering the fact that she is a non-Canadian citizen?

2a. Can she apply for F1 status at the US-Canada border?

2b. Can she apply for F1 visa at the US embassy in Canada (since she is a non-Canadian citizen) ? Or does she have to go back to India and apply for F1 visa at the US Embassy in India?

3. If she decides to change her status to F1, will this impact me from extending my TN Status?

Thanks in advance
 
1. It's not "extending status". "Status" is something that only exists in the US. When you leave the US, you no longer have status; when you re-enter the US, you are seeking a new admission into a new status with a new period of admission. Your wife will enter on the basis of her TD visa, and she should be admitted for the same amount of time you are admitted for (unless her passport expires sooner).
2. There are 2 ways to go into a particular status: 1) do a Change of Status within the US, which costs several hundred dollars and takes several months, or 2) enter the US on the respective type of visa. So she could either do Change of Status without leaving the US (but of course she will still need to get a visa the next time she leaves the US and wants to re-enter), or if she wants to leave the US she could leave and get an F1 visa and enter on that.
2a. Only if she has an F1 visa.
2b. She should be able to if she has some kind of long term status in Canada; otherwise I am not sure
3. No
 
2b. If she is allowed to enter Canada, US consulate will almost always process third country national visas. Check with the Consulate when making the appointment just to be sure.
 
Thank you all for your kind response. I am quite confused on question 2a. Here is my question

Suppose my wife gets a visitor visa to enter Canada. So me and my wife enter Canada and after spending some time in Canada, we decide to go back to US. At the US-Canada border, I decided to extend my TN Visa date to Aug 2019. So can my wife apply for F1 visa at the port of entry with her University documents, I-20 form etc ? OR does she have to use Form D-160, apply for F1 at the US Consulate in Canada and get her student visa?
 
For her to enter on F1 status, she needs to apply for F1 visa, and then enter.
Her other choice, as was pointed out, is for her to apply for F1 from within US. Then if she later goes to Canada (or anywhere else in N America), her entry could be done on her old TD visa, under a process called AVR, Automatic Visa revalidation. But it would be simpler to get visa and get status at border, as newacct already pointed out.
 
Mahadevan Swamy said:
Thank you all for your kind response. I am quite confused on question 2a. Here is my question

Suppose my wife gets a visitor visa to enter Canada. So me and my wife enter Canada and after spending some time in Canada, we decide to go back to US. At the US-Canada border, I decided to extend my TN Visa date to Aug 2019. So can my wife apply for F1 visa at the port of entry with her University documents, I-20 form etc ? OR does she have to use Form D-160, apply for F1 at the US Consulate in Canada and get her student visa?
Click to expand...
A visa is a document that is needed by most foreigners before they can seek entry to the US at the border, and a visa can only be obtained at a US consulate outside the US. You, as a Canadian citizen, do not generally need a visa to travel to the US. You do not have a TN visa, and you are not getting a TN visa. You have probably never gotten a US visa in your life. As a Canadian citizen, you simply ask for TN status when entering the US, with evidence to support TN status.

Your wife, as a non-Canadian citizen, needs a visa to seek admission to the US. She will be admitted into a status corresponding to the type of visa, so an F-1 visa in order to be admitted into F-1 status. There is an exception if she took a trip of less than 30 days to Canada or Mexico or Caribbean islands only, she can re-enter the US on her existing I-94 admission period and status without needing a valid visa (so if she was already in F-1 status before leaving, she can re-enter into F-1 status).
 
Mahadevan Swamy said:
Situation:

I am a Canadian citizen working on a TN Visa and my wife is an non-Canadian citizen and she is here with me in United States on a TD status. My recent employer gave me an offer letter last year valid from Sept 2016 - Aug 2019. My canadian passport at that time (2016) was expiring on Dec 2017. So when I went to the border, the border official gave my TN visa (I-94 card) valid up to Dec 2017 based on the validity of my canadian passport. My wife came to USA on August 2016 and she got a TD visa stamp at the port of entry (New york) valid until Dec 2017. She got her TD visa from the US consulate in India valid up to Dec 2019 (Her passport is expiring in 2019).

Now I have renewed my Canadian passport which is now valid for 10 years (May 2027). I plan on going to the US-Canada border to extend my TN status (up to Aug 2019) and my wife's TD status.

1. Since my wife is a non-Canadian citizen, can she also extend her TD status at the border along with my TN extension (extending the TN status to August 2019)?

2. My wife wants to study in the US. Although she could study on a TD status, she won't be able to get OPT and work in internships. Therefore what is the appropriate procedure to convert from TD status to F1 visa considering the fact that she is a non-Canadian citizen?

2a. Can she apply for F1 status at the US-Canada border?

2b. Can she apply for F1 visa at the US embassy in Canada (since she is a non-Canadian citizen) ? Or does she have to go back to India and apply for F1 visa at the US Embassy in India?

3. If she decides to change her status to F1, will this impact me from extending my TN Status?

Thanks in advance[/QUOTE
Mahadevan Swamy said:
Situation:

I am a Canadian citizen working on a TN Visa and my wife is an non-Canadian citizen and she is here with me in United States on a TD status. My recent employer gave me an offer letter last year valid from Sept 2016 - Aug 2019. My canadian passport at that time (2016) was expiring on Dec 2017. So when I went to the border, the border official gave my TN visa (I-94 card) valid up to Dec 2017 based on the validity of my canadian passport. My wife came to USA on August 2016 and she got a TD visa stamp at the port of entry (New york) valid until Dec 2017. She got her TD visa from the US consulate in India valid up to Dec 2019 (Her passport is expiring in 2019).

Now I have renewed my Canadian passport which is now valid for 10 years (May 2027). I plan on going to the US-Canada border to extend my TN status (up to Aug 2019) and my wife's TD status.

1. Since my wife is a non-Canadian citizen, can she also extend her TD status at the border along with my TN extension (extending the TN status to August 2019)?

2. My wife wants to study in the US. Although she could study on a TD status, she won't be able to get OPT and work in internships. Therefore what is the appropriate procedure to convert from TD status to F1 visa considering the fact that she is a non-Canadian citizen?

2a. Can she apply for F1 status at the US-Canada border?

2b. Can she apply for F1 visa at the US embassy in Canada (since she is a non-Canadian citizen) ? Or does she have to go back to India and apply for F1 visa at the US Embassy in India?

3. If she decides to change her status to F1, will this impact me from extending my TN Status?

Thanks in advance
Click to expand...


I have similar situation that I am Canadian citizen under TN Visa, my wife is non-Canadian citizen on TD. She has a multiple entry TD Visa that is about to expire (October 20th, 2017). Can we go to the US border and extend TN/TD status and come back to US with her old TD Visa (which is still valid) or she has to apply TD Visa for this stay extension? Your comment, past experience on this is highly appreciated. Thanks
Click to expand...
 
newacct said:
1. It's not "extending status". "Status" is something that only exists in the US. When you leave the US, you no longer have status; when you re-enter the US, you are seeking a new admission into a new status with a new period of admission. Your wife will enter on the basis of her TD visa, and she should be admitted for the same amount of time you are admitted for (unless her passport expires sooner).
2. There are 2 ways to go into a particular status: 1) do a Change of Status within the US, which costs several hundred dollars and takes several months, or 2) enter the US on the respective type of visa. So she could either do Change of Status without leaving the US (but of course she will still need to get a visa the next time she leaves the US and wants to re-enter), or if she wants to leave the US she could leave and get an F1 visa and enter on that.
2a. Only if she has an F1 visa.
2b. She should be able to if she has some kind of long term status in Canada; otherwise I am not sure
3. No
Click to expand...


I have similar situation that I am Canadian citizen under TN Visa, my wife is non-Canadian citizen on TD. She has a multiple entry TD Visa that is about to expire (October 20th, 2017). Can we go to the US border and extend TN/TD status and come back to US with her old TD Visa (which is still valid) or she has to apply TD Visa for this stay extension? Your comment, past experience on this is highly appreciated. Thanks
 
As long as her TD consular visa is valid, she can enter US on existing TD status, or get new TD status at the border (with you holding TN status, of course). Be clear on the two different things: TD visa is granted at consulate to permit entry into US, TD status is granted at the border, signified by I-94, and is her legal status in US.
 
nelsona said:
As long as her TD consular visa is valid, she can enter US on existing TD status, or get new TD status at the border (with you holding TN status, of course). Be clear on the two different things: TD visa is granted at consulate to permit entry into US, TD status is granted at the border, signified by I-94, and is her legal status in US.
Click to expand...
Thanks for the comment nelsona. I assume that you are not referring to AVR (automatic Visa revalidation) since my wife is Iranian and can not be processed through AVR. I was at impression that extending TN/TD status means literally a thoroughly new application and it entails all the steps related to that (getting TN status + Visa for nations requiring US Visa). Thanks
 
Correct, I was not referring to AVR; that could only apply if the visa had expired. Entry on a consular visa is possible until it expires, given you have or are getting status at that entry. The visa does not have to cover the time period of the new TD status, just that entry. Since she has time left on the visa, she can get TD at the border. While the TN and TD obtained at the border is a "new" petition, border doesn't care if the TD consular visa is for a previous TD, it only cares that it is for TD, and that it has not expired.

If you are concerned, you can go to the border and get TN yourself, and then apply for TD extension for her with I-539 (as long as you file this before her current I-94 expires).
 
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