I have a complicated Question regarding TN and F-1

O

Ozzies

Member
Hello,

I am currently on a TN status/visa. I am a Canadian Citizen working in Dallas. My wife is on a F-1 Visa and is currently doing her Masters at UTD. We are also expecting a child in June of 2016 this year.

My question is, can i get her visa converted from F-1 To a TD (Which i believe is a dependent on TN)? or is that not possible because she is not Canadian? (cause her studies will end at some point)

My child would be US citizen by birth...

so yea.. 3 people 3 different visa's, one big happy family right?

Thanks in advance.
 
To change from one non-work status to another merely requires her to submit an I-539 to USCIS with proof of your marriage and your TN.

Eventually, she may have to get a new consular visa when coming back from abroad, but if she is staying in US, her status will change to TD with the I-539, sent in as she finishes school.
 
nelsona said:
To change from one non-work status to another merely requires her to submit an I-539 to USCIS with proof of your marriage and your TN.

Eventually, she may have to get a new consular visa when coming back from abroad, but if she is staying in US, her status will change to TD with the I-539, sent in as she finishes school.
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Can you provide me more information. Regarding the consular visa? (Link to a page?) As my wife does often travel abroad and back

Thanks
 
check the US consulate page for the country of your wife's citizenship (or any country that she intends to visit). As nelsona mentioned, she will have to get a new consular visa once she departs the US (assuming her status has already changed to TD)
 
when the time comes for TN renewal (right before the 3 year mark), how would i go about that if i wanted to do that at the border? My wife isn't a canadian citizen, so doing it at the canadian border for myself makes sense, what about her? how does that work? I have to get her a visit visa to canada, and then on the way back, we apply together for renewal?
 
There are many posts on renewing TN and TD with a foreign dependent. She would need a visa to RE-ENTER US as well, so would likely best renew her TD from inside US with form I-539, after you secured your new TN.
 
nelsona said:
There are many posts on renewing TN and TD with a foreign dependent. She would need a visa to RE-ENTER US as well, so would likely best renew her TD from inside US with form I-539, after you secured your new TN.
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I understand the part about changing her visa to a TD after I renew my TN.. My questions was regarding the next time i'm up for renewal and she's on a TD, which port of entry do i use? I also understand she would need a new consular visa from her country as well to Re-enter the USA. Just kind of confused about the renewing after the fact of her getting the new consular visa, and TD status... and my TN is about to expire again..
 
It will not be practical for her to renew a TD visa when you go to the border to renew TN. Since your TN will be renewed in a matter of minutes (it doesn't matter what port of entry you use), while her TD visa will take -- at a minimum -- several days, and a pre-arranged US consular appointment. her situation is further complicated by the need for a Cdn visa just to enter Canada. So forget about getting her TD at the border at the same time as you get your TN.

So, "likely best renew her TD from inside US with form I-539, after you secured your new TN" remains my advice. You may also choose to simply renew your TN by mail (I-129), submitting her I-539 at the same time.

Again: "There are many posts on renewing TN and TD with a foreign dependent". The situation of a Cdn TNer with non-Cdn spouse has been covered here many times. Come back when you are nearing TN expiry and have read enough posts.
 
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