TD visa

I

ITguy75

Member
I am currently on TN visa and my kids are on my TD, my Wife is on TN visa.
Is it Mandatory for my kids leave to Get TD on my wife TN the day I leave USA for Canada or they can do that after few weeks of my leaving?
 
let me see if I understand the question correctly.
you received TN status and your kids received TD status based on your TN
your wife is on her own TN status.
you are returning to Canada for good, so you are returning your i-94 to the Canadian Customs officer on your return to Canada, they will pass to US CBP to essentially close out your TN status. then you kids TD status will no longer be valid, as it was based on your TN.
But your wife is still in US with her own valid TN, so your kids qualify for TD status based on your wife TN status.
I would suspect your kids TD status would need to be updated to be tied to your wife's TN rather than your previous TN status.
I think you need to talk to a lawyer and/or USCIS or CPB.
 
Amber is not quite correct.
Since you are both on TN, your kids' TDs are not dependent on any particular TN, even though they were granted based on your TN. However, their I-94s must remain current.

So, if their I-94s are still valid, they don't need to do anything. However, if their TDs are about to expire, it wouldn't be the worst thing to do to take them with you. You can also renew TDs by mail (I-539) once you get your TN, as long as you do this before their I-94 expires.
Otherwise you could see yourself making a trip to the border for the sole purpose of renewing their TDs.

But, to be clear, you ending your TN does NOT affect their TD, because your spouse has her TN, and they are her dependents, too.
 
Thanks Nelsona
My Kids got TD on my TN visa, which is valid Till 2020.My kids TD i-94 is valid till 2020. My wife TN is till nov-2018.
I had called the Rainbow bridge , the officer told my kids have to Leave(if i end my TN visa) if there TD is on my TN visa.
 
The officer is wrong. Your kids' TDs are based on any one of their parents having valid TN. Their TD status is good until 2020, assuming your spouse keeps her TN alive. It would be good to get new I-94s for them when she renews.

Besides, even if TD was invalidated by your departure, they could still file I-539, so the officer's reply was not only wrong, it did not even give you correct info.

Border guards don't want phone calls, and you got a guy in a bad (usual ) mood.
 
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i find it hard to believe your kids TD status is not linked to your TN status in their computer system. you need to change the link to your spouse's TN status.
i would discuss with your spouses company immigration lawyer and file I-539.
 
Well, believe it or not, it's the same principal if spouse changes jobs: the TD is not tied to a particular TN, even if it TD was granted for a particular TN.
 
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