Assistance with Correcting TD Status for My Spouse via USCIS

nellytech

nellytech

Member
Hi everyone,

My employer's law firm recently filed for my TN status through USCIS, but it appears they overlooked applying for my wife's TD status. She still holds the old TD status from my previous TN Visa job. Could you please advise on how we can correct this? I would prefer not to leave the country and process it at the Port of Entry (POE), so I’m considering submitting a form via USCIS.

My wife is my dependent, and I’m unsure why the law firm did not apply for her TD status. However, my TN has already been approved, and I have the receipt number and our marriage license. Are there any additional documents or forms I need to submit for this correction?

Thank you all for your assistance!
 
As long as her I-94 has not expired, she remains in legal TD status. If you wish to get a new I-94 with the same expiry as your new TN, you simply file an I-539 change of status, with copies of the docs you mentioned, plus copy of her current I-94, and passport, of course.

If her I-94 has expired, she will need to go to the border, since she is not in legal status. One must be in status to file I-539

Yes, the lawyers should have filed I-539 along with your I-129, but were not required to. I guess you would have g=had to be more on top of what they were doing.
 
Completely agree—it's absolutely ridiculous! I told my lawyer multiple times that my wife needed to be added to this application, yet they never filed the additional form. Lesson learned with this firm.

That being said, I want to clarify that her I-94 has not expired yet—she still has a little over 18 months left on it. However, how does her old I-94 remain valid? Was it not linked to my previous TN approval? Or is the I-94 for TD status different in that it only provides status, whereas if I were to get a new TN, my "stay period" would be tied solely to my new employment or the specific circumstances of that approval?

Thank you for your help in understanding this. Best
 
Her TD is linked to YOU, nit your employer. You have TN, so her TD remains valid until HER I-94 expiry date. She does at some point need to get a new I-94 with the same expiry date as your TN, but for now she is fine.
 
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