Applying For TD when TN is almost expiring
- Thread starter The_Gift
- Start date
if they receive the documents before his TD expires wouldn't that be ok?? i am sure if that was really a issue the lawyer would have suggested that to me? i can only go by what the lawyer tells me seeing that shes the lawyer and does this on a everyday basis so i guess will see what happens next
nelsona
Registered Users (C)
She does NOT deal with TNers on an everyday basis. They deal primarily with marriage-based immigration, and H1-B based immigration, both of which have far different leeway and forgiveness than TN/TD. And they deal with folks that are not likely to want to cross the border to Canada regularly.
You can file I-539 for him, but that would start HIS 90-day clock over again. the 90-day rule states that you cannot do anything "different" that what you intended to do when you either entered the country of filed for a particular non-immigrant status (like TD) for 9o days. of course, he would have had to have been in US on the day you submitted I-129/I-539 and stayed in US.
If he had entered on B2 (as I believe I suggested back on January 2) then he would have been fine, but you said he is "under" your TN, implying he has TD status and entered on it. To have gotten a TD based on your expiring TN merely put him in the same hot water you were in until you filed I-129. Getting a 3-month TD instead of a 6-month B2 when you are facing a 90-day clock is not the best timing.
Like I said, you are in a situation where you need to either (1) file I-485 together before the 4/28, or (2) have him file for TD, or go back to the border and get TD based on your new TN, and then wait out a fresh 90-day clock, or (3) YOU file as soon as you can, and he files as soon as he can, after he gets new TD.
You can file I-539 for him, but that would start HIS 90-day clock over again. the 90-day rule states that you cannot do anything "different" that what you intended to do when you either entered the country of filed for a particular non-immigrant status (like TD) for 9o days. of course, he would have had to have been in US on the day you submitted I-129/I-539 and stayed in US.
If he had entered on B2 (as I believe I suggested back on January 2) then he would have been fine, but you said he is "under" your TN, implying he has TD status and entered on it. To have gotten a TD based on your expiring TN merely put him in the same hot water you were in until you filed I-129. Getting a 3-month TD instead of a 6-month B2 when you are facing a 90-day clock is not the best timing.
Like I said, you are in a situation where you need to either (1) file I-485 together before the 4/28, or (2) have him file for TD, or go back to the border and get TD based on your new TN, and then wait out a fresh 90-day clock, or (3) YOU file as soon as you can, and he files as soon as he can, after he gets new TD.
i believe that's what the lawyers intentions are to file mine & his I-485/I-765 together before the 28th i would assume she will send it on the 26th (next day mail) so they get it on the 27th if that's the case then i am assuming everything should be ok correct? starting a 90 day clock all over again is not a option my husband is already losing his mind just sitting here doing pretty much nothing and its not like we have kids so yea
nelsona
Registered Users (C)
Good "intentions". Medicals/vaccinations all done? You have all your documents that you need (birth certs, marriage certs, etc)?
Hope for the best, but plan for alternatives.
Keep us posted.
"my husband is already losing his mind just sitting here doing pretty much nothing". I'm ready to do that right now. He should enjoy it while he can. he will be able to watch every second of the World Cup this summer. What a life!!
Hope for the best, but plan for alternatives.
Keep us posted.
"my husband is already losing his mind just sitting here doing pretty much nothing". I'm ready to do that right now. He should enjoy it while he can. he will be able to watch every second of the World Cup this summer. What a life!!
last week are lawyer filed my husband and I 485/765/131 package on time my USCIS received the package 1st thing in the morning on the April 26th we got a notice come to the mailbox May 7 stating "REJECTION NOTICE" due to outdated forms i dont understand how my lawyer could make this mistake especially the fact that we already cutting it close now my husband TD is expired and i am losing my mind....is he screwed now cause pretty much hes out of status or is this just a delay and after we re-submit everything will be fine? and to make matters worse my lawyer is @ meeting today so i feel like i am gonna cry right now can someone let me know what i should do please and thank you
Hello Mister
Active Member
Trying to piece together your timeline. So you have a TN/TD that is about to expire and your lawyer filed 485/140 *before* renewing it for another 3 yrs?
140 was approved last year my TN is valid but my husband TD is now expired but if the lawyer would have filed out the proper forms we wouldn't be in this situation... lawyer said my husband didnt need to renew his TD cause she was gonna send in the 485 before it expired assuming that she wasn't gonna mess up so now thats our situation but my question is even tho the case was rejected is my case still in AOS Status now??
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