Best way to Renew TD for non-canadian wife??

C

CanadaIndianGuy

Registered Users (C)
My situation : Me and my wife live in Fargo, ND area which is around 2.5 hrs driving distance away from the Canadian border. My current TN expires on 29th Apr. And, my Employer is planning to file H1B visa on 1st Apr.

My Wife's Situation : Her TD also expires on 29th Apr, and she is a Fiji Citizen, and hoping to have her Visitor's Visa for Canada by 5th Apr.

I have got Following questions for Our TN/TD renewal :

1) How earlier can I visit to the Canadian Border for TN renewal before my TN expiry date?
2) Is it advisible/ Or necessary to Renew my TN before the New H1b visa is filed on 1st Apr? ( So that, it does not affect my TN renewal adversely!)
3) I have recently found that, I can Not take my Wife (even after she gets her Canadian Visitor's visa ) to the Border for Our TN/TD renewal. And She needs to appear for the American Consulate interview process for her TD visa renewal first. I am trying to find out the best way for us to get the TN/TD renewal.
a) Do I have to visit to the Canadian border sometimes in April to get my TN Renewal first? And then, take her to the American Consulate in Winnipeg ( after getting an appointment) in the Next visit for her TD Renewal?
b) And, I must take her to the American Consulate in Canada( Winnipeg) before her TD expires on 29th Apr. Is my above understanding correct? Is there any better way than travelling twice to the Border, once alone (for TN) and another time for my Wife (TD visa)?

Your replies would be highly appreciated!!
 
CanadaIndianGuy said:
1) How earlier can I visit to the Canadian Border for TN renewal before my TN expiry date?
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I think a month or six weeks before expiry would be fine.

Is it advisible/ Or necessary to Renew my TN before the New H1b visa is filed on 1st Apr? ( So that, it does not affect my TN renewal adversely!)
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If you are requesting a change of status to H1 on 10/1 as part of the H1 petition, you may want to do the renewal prior to 4/1. You could also file an I-129.

Do I have to visit to the Canadian border sometimes in April to get my TN Renewal first? And then, take her to the American Consulate in Winnipeg ( after getting an appointment) in the Next visit for her TD Renewal?
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If you are going to do a renewal by mail, file an I-539 for her along with your I-129. If not, go to the border alone, and once you return, file an I-539 for her. No need for her to get a visa at all.
 
A TN petition has no impact on an H1 petition. There is no particular need to file or get a new TN before or after the H1 is sent. You will still need to maintain TN status until Oct 01, of course.

If your H1 is approved, your wife would need to get an H4 visa at a consulate at or near the same time you switch to H1.
 
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She can, --but she will need a new visa at some point, since she is changing status, so can't get a waiver even for short trip to canada. Might as well plan it rather than be caught short on an unexpected trip. And it's cheaper. save the $700 for the 2 I-539s

In general, while it may seem so simple to file an I-539 rather than get a Visa for a non-Cdn spouse, it is so common for Cdns to travel to canada to visit family sometimes in emergency, that not planning to get Visa when needed is not always wise.

This is especially the case when one is actually changing status, since they can't waive the visa requirement when visiting canada, and a wek-end trip might mean staying in Canada for a few weeks, or flying a cross-country to a consulate which has an available appointment.
 
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Canadian Visitor visa for non-canadian wife

I'm in the same situation as your wife. I'm under a TD visa. The Canadian consulate generally gives me a visitor visa that expires on the same day my TD status does, so if you and your wife decide to renew your TN/TD status by mail, she won't be able to get a Canadian visa while you're waiting, in case you want to go to Canada to visit friends/family. Going to the American Consulate in Canada to get her a new TD is no big deal. You need to schedule an interview for her, what you can do on the internet, then you have to fill in a form, which is the simplest one (the same as visitors fill). She also needs one photo and $150 dollars for the fee. I know it sounds like a lot of work, but if you get your TN renewed, the American consulate will grant your wife her TD. Applying for an extension of stay of TD/TN status by mail sucks. It takes forever for them to process the case, unless you're willing to pay 2,000 bucks for premium processing (1,000 for your case and another 1,000 for hers).
My husband and I are currently waiting for our TN and TD extension of stay to be granted by the USCIS. However, my husband is planning to change jobs and get a new TN, which will be a problem for me because my canadian visa expired and I don't think they will give me another visa if I'm waiting for the American government to extend my stay. But let's see what happens.
 
I don't think they will give me another visa if I'm waiting for the American government to extend my stay. But let's see what happens.
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As long as you show proof of new TN, you will get TD at consulate. You can always cancel the mail-in if you need to
 
nelsona said:
A TN petition has no impact on an H1 petition. There is no particular need to file or get a new TN before or after the H1 is sent. You will still need to maintain TN status until Oct 01, of course.

If your H1 is approved, your wife would need to get an H4 visa at a consulate at or near the same time you switch to H1.
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Thanks for your earlier answers. Now I have got these questions.
If I choose to renew the TN through email:
After my employer files our h1/h4 on 1st Apr, I will send him I-129 and I-539 for the TN renewal. And, the Employer will send the applications for TN renwal before the Expiry dt of 29th Apr 08. Now, I will get another I-94 document after the TN renewal sometimes after 2-3 months or so. Whereas I my H1 is already filed with the older I-94 by this time. So, this older I-94 becomes invalid?? Would Not it create a big problem for my TN or H1 visa prospects??

If I anyways choose to go to Border for the TN tenewal :
Do I need to go there before 1st Apr ( because of the above I-94 validity fear)? Or Can I go sometimes before 29th Apr ( TN Expiry dt)? In that case, my wife would receive her Canadian visitor's visa and I can take her with me to the Winnepeg's American Consulate for her TD Renwal interview at the same time of my TN renewal date.

As I have got limited time before taking this decision, I would very much appreciate your early answers!
thanks again!
 
If your h1 is issued with an attached i-94, then it will take effect on October 1, regardless of what other statuses or i-94s you get in the meantime.

Your current I-94 remains valid until April 29th and can be used until that date.

Put aside any notion that your I-129 filing affects your current I-94, or any future one. whatever I-94 you have remains valid until it expires, until October 1, 2009, when your H1 would take effect (presuming it is approved).
 
for her TD renewal - Canadian visitor's visa denied !!

I wanted to renew our TN/TD in Apr 08 near the border, as TN/TD expires at end of Apr. And, I was informed by Detroit Canadian Consulate that , my non-canadian wife needs to have Temporary visitor's visa , in order to get her TD renewal, so that she is allowed to enter into Canadian border. I Couriered everything, and they denied her visitors visa, stating that there was No proof of she being my wife, and also because her TD visa expires very soon in Apr.So, they are Not satisfied whether she would Return back from canada.

Now, my fault was, I forgot to attach the Marriage certificate, because I thought the TD visa stamp should indicate it clearly that she is my Wife!! Unfortunately, they did not call me Or send any letters to ask for this Marriage proof; and they simply sent back the Application with Denial. And, I need to reapply entire application with the $150 fees!! FYI, I have applied for her canadian PR application a month back, which might take another 6-8 months to process.

Now, I had also called up CBP ( customs border Protection). and he replied to me that, she does Not need to have Canadian visitor's visa in order to Renew her TD at border, as she already has legally entered into US.

This contradictory answers very much frustrating me!!
1) Does anyone have an Experience, whether I really need to have a Canadian visitor's visa for her , in order to get the TD renewal at border??
2) In case, Border renewal will not work for her, Can I apply for the mail in TD Renewal ( through I-539 form) for her? Does not she need to go to the American Consulate in Canada for her TD interview in that case??
 
CanadaIndianGuy said:
In case, Border renewal will not work for her, Can I apply for the mail in TD Renewal ( through I-539 form) for her? Does not she need to go to the American Consulate in Canada for her TD interview in that case??
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This really is your best bet. Do the border renewal yourself, and file an I-539 for her once you return. She does not need the visa stamp unless she leaves the US and needs to re-enter.
 
Once my wife and I drove from L.A. to the San Diego border in order to get a new TN and TD. When we arrived we didn't have our marriage certificate. Even though we had our TN and TD's the officer said he couldn't do it without establishing official proof of the relationship. I told him "look how mad she is at me for leaving the marriage certificate at home, isn't that proof enough?". He still couldn't do it. Needless to say that was the longest three hour drive home in my life.



BTW.......until you get a green card, ALWAYS, ALWAYS, ALWAYS travel with all your papers - especially in your case because your wife is not a Canadian Citizen.
 
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TheRealCanadian said:
This really is your best bet. Do the border renewal yourself, and file an I-539 for her once you return. She does not need the visa stamp unless she leaves the US and needs to re-enter.
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RC, I believe, this might be the Best option. A Canadian friend of mine shown me another idea through which me and my wife can renew the statuses at the Border itself.

When we will approach the Canadian border, they will Not allow my wife to get into Canada. And, I will inform them our travel purpose for TN/TD renewal.
Hence, they will probably ask us to make U-turn ; and head back to USA, without letting us inside Canada. While on the way back to USA, we will get the TN/TD renewal done. This way, I might be able to save the I-539 costs and get her TD renewal done on the same trip as mine !

Anyone having thoughts on this, Your feedbacks would be much appreciated!
 
CanadaIndianGuy said:
Hence, they will probably ask us to make U-turn ; and head back to USA, without letting us inside Canada. While on the way back to USA, we will get the TN/TD renewal done. This way, I might be able to save the I-539 costs and get her TD renewal done on the same trip as mine!
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Your wife has left the US. Why should CBP let her back in without a visa?
 
Once you get to the Cdn border crossing, you are outside US. YOur wife will need visa to get back in.

Unless she qualifies for AVR, she may have a problem.
 
nelsona said:
Once you get to the Cdn border crossing, you are outside US. YOur wife will need visa to get back in.

Unless she qualifies for AVR, she may have a problem.
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RC/Nelsona,

Please note that, Our TN/TD expires on 29th Apr only. She has legally entered into US on TD visa ( after US consulate in Fiji stamped her passport).
I am asking, whether Canadian Border will let us take a U-turn so that we can face the US border (CBP).
Of course, I need to be having all the Necessary TN and TD documentation ( Marriage Certi., pay stubs etc) in place.

In case something is missing ( either my documents Or hers), we can still be able to go back to Fargo; and then return on the border with the Necessary documents before 29th Apr.

Do you think, this strategy might Work?? Well again, while we approach the Canada border, they will refuse her to get into Canada. So, we head back to the US. We take the TN/TD interview with US CBP guys. And, we do this 3 Weeks before our TN/TD is expiring!!
 
We're saying it doesn't matter what the Cdn border officer does, you are outside US, and will necessarily have to re-enter US. She will be outside US, and requesting entry into US. If her visa stamp is still valid, she will be admitted. She *might* not get the full TD term however, this will depend on whether she is AVR eligible.

So, again, it does not matter what the Cdn border guy does, you will have already left US. If he lets you thru, go have a Tim Horton's, if he doesn;t go back to the US border.
 
nelsona said:
If her visa stamp is still valid, she will be admitted. She *might* not get the full TD term however, this will depend on whether she is AVR eligible.
So, again, it does not matter what the Cdn border guy does, you will have already left US. If he lets you thru, go have a Tim Horton's, if he doesn;t go back to the US border.
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Nelsona, What is the "AVR eligible" means? And, it may sound very Novice like from my side to repeat this. But, I want to clarify the possible scenario again here:

We will go to the Border at least TWO weeks before the TN/TD expiry. Now, we assume that, Canadian border will deny her entry into Canada. So, we will return to US border ( by taking a U-turn). If we clear the TN/TD interview with CBP, we will get Another YEAR's extension. If Not, we will still be able to come back to our USA home and still try for another Visa renewal attempt before the TN/Td expiry date which is 29th Apr.

Depending upon the situation ( if there is a Need of 2nd attempt), I will most likely get ONLY my TN done at the border and will do mail-in I-539 for her TD in the 2nd attempt scenario.

Please let me know, what do you think?
 
The problem is that your wife has a visa stamp good only until April. So, whiler they may let her in on your new TN/TD, theu may only grant it until her TD until the original expiry date.

AVR means automatic visa renewal, whereby those who require Visa do not need to get stamp if goting to Canada/Mexico for short periods. Not all nationals are entitled to this.

And please stop talking about refusal of entry to canada -- is is not germane to this conversation. Who cares?
 
nelsona said:
The problem is that your wife has a visa stamp good only until April. So, whiler they may let her in on your new TN/TD, theu may only grant it until her TD until the original expiry date.

AVR means automatic visa renewal, whereby those who require Visa do not need to get stamp if goting to Canada/Mexico for short periods. Not all nationals are entitled to this.

And please stop talking about refusal of entry to canada -- is is not germane to this conversation. Who cares?
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In case, CBP grant me the renewal for another Year and my wife till current visa expiry date, I will immediately file I-539 TD renewal after coming back home. I don't know ,if she is qualified for AVR. and The reaon I was stressing about the "entry refusal in canada" was because, I wanted to know whether We would be in some Fixed situations where she can Not even head back to US with me. I don't mind, if Canada border crew just refuse an entry and allow us to go back on the US side! I was not able to find phone numbers of Canadian border staffs ( similar to CBP of US).
 
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