I am working on TN visa in USA. My Fiance came to USA on Visitor's visa and We got married here. Can anyone guide me how to change her visitors visa to TD Visa. She couldnt get Canadian Visitor Visa. Can we apply from with in USA or Does she have to go back to home country.
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Change of Status From B to TD
- Thread starter deep10
- Start date
deep10 said:I am working on TN visa in USA. My Fiance came to USA on Visitor's visa and We got married here. Can anyone guide me how to change her visitors visa to TD Visa. She couldnt get Canadian Visitor Visa. Can we apply from with in USA or Does she have to go back to home country.
-- You can apply from within the US - fill out form I-539 and send it to the USCIS along with the fees and the required documents..
deep10 said:What would be Premium Processing Fee for TN and TD visa filed together. Is it $190 (for TN) + $200 (for TD) + $1000= $1390
or Just $1000 for both TN & TD
Thanks
$1000 in addition to the processing fee - this is for a package containing TN (I-129) and TDs (I-539).
RE: B1 to TD Visa
I have recently extended my TN visa through Premium porcessing. I also sent my wife`s application for change of status from B1 to TD visa.
My TN Visa extension was approved (on Nov 7, 2006) from Dec 2, 2006 to Dec 1 2007. My wife`s TD visa change of status was also approved from Dec 2, 2006 to Dec 1 2007.
My problem is my wife`s B1 Visa expired on Nov 2, 2006. But we applied for change of stutus in Oct 2006(Receipt Date oct 30, 2006). Could anyone tell, if it is legal for my wife to stay in USA from Nov 3 to Dec 02, 2006. Since her B1 expired on Nov 2, and her TD starts on Dec 2
Or Can we request for change of date for her TD from Nov 3, 2006 till my TN expires.( I did mentioned in her application change of status date as Nov 3 to till my TN expires) Thanks.
I have recently extended my TN visa through Premium porcessing. I also sent my wife`s application for change of status from B1 to TD visa.
My TN Visa extension was approved (on Nov 7, 2006) from Dec 2, 2006 to Dec 1 2007. My wife`s TD visa change of status was also approved from Dec 2, 2006 to Dec 1 2007.
My problem is my wife`s B1 Visa expired on Nov 2, 2006. But we applied for change of stutus in Oct 2006(Receipt Date oct 30, 2006). Could anyone tell, if it is legal for my wife to stay in USA from Nov 3 to Dec 02, 2006. Since her B1 expired on Nov 2, and her TD starts on Dec 2
Or Can we request for change of date for her TD from Nov 3, 2006 till my TN expires.( I did mentioned in her application change of status date as Nov 3 to till my TN expires) Thanks.
My problem is my wife`s B1 Visa expired on Nov 2, 2006. But we applied for change of stutus in Oct 2006(Receipt Date oct 30, 2006). Could anyone tell, if it is legal for my wife to stay in USA from Nov 3 to Dec 02, 2006. Since her B1 expired on Nov 2, and her TD starts on Dec 2
-- Did her I-94 expire on Nov 2 as well or is it still valid? If the I-94 is valid, then you are okay. If her I-94 has expired too, then she is out of status, since her new status (TD) starts from Dec 2.
Or Can we request for change of date for her TD from Nov 3, 2006 till my TN expires.( I did mentioned in her application change of status date as Nov 3 to till my TN expires) Thanks.[/QUOTE]
-- TD is always tied to the TN, therefore her TD status will start on the same date as your TN start date. They will not grant her the TD status before that.
-- Did her I-94 expire on Nov 2 as well or is it still valid? If the I-94 is valid, then you are okay. If her I-94 has expired too, then she is out of status, since her new status (TD) starts from Dec 2.
Or Can we request for change of date for her TD from Nov 3, 2006 till my TN expires.( I did mentioned in her application change of status date as Nov 3 to till my TN expires) Thanks.[/QUOTE]
-- TD is always tied to the TN, therefore her TD status will start on the same date as your TN start date. They will not grant her the TD status before that.
Actually My wife`s I-94 expired on Nov 2. But I am working on TN visa at the moment. Cant she get TD visa from Nov 3 to Dec 2, 2006. since I am on TN during this period.
She is eligible for TD status during the time you are on TN status. Therefore, if you are on TN status from Nov 3 to Dec 2, she could have received TD status. But now she is out of status (since her status expired on Nov 2).
If you had requested her TD status earlier but (may be by mistake) they started her TD status from Dec, you can write to them and get the dates corrected. If that is not the case, then I think you are out of options to get her status from within the USA.
She is eligible for TD status during the time you are on TN status. Therefore, if you are on TN status from Nov 3 to Dec 2, she could have received TD status. But now she is out of status (since her status expired on Nov 2).
If you had requested her TD status earlier but (may be by mistake) they started her TD status from Dec, you can write to them and get the dates corrected. If that is not the case, then I think you are out of options to get her status from within the USA.
B to TD
Thanks.
I applied for my wife's change of status (TD visa) in Last week of Oct along with my TN extension and USCIS office received it on Oct 30, 2006 (3 days before expiry date Nov 2, 2006 of my wife's B1). And we mentioned her Visa expiry date in appication and date of change of status from Nov 3, 2006 till my TN ends.
I talked to customer service today and they suggested to file I-102 form to correct the mistake if any. Can I-94 be corrected like this. If not what are our other options.
I'd appreciate your reply.
Thanks.
I applied for my wife's change of status (TD visa) in Last week of Oct along with my TN extension and USCIS office received it on Oct 30, 2006 (3 days before expiry date Nov 2, 2006 of my wife's B1). And we mentioned her Visa expiry date in appication and date of change of status from Nov 3, 2006 till my TN ends.
I talked to customer service today and they suggested to file I-102 form to correct the mistake if any. Can I-94 be corrected like this. If not what are our other options.
I'd appreciate your reply.
I talked to customer service today and they suggested to file I-102 form to correct the mistake if any. Can I-94 be corrected like this. If not what are our other options.
-- Great, that means they have told you what to do in order for them to correct their mistake. If they correct it, they will send you the new TD (I-797) with the I-94 attached to it (it is at the bottom of the I-797 approval notice). There is no need to "correct" the I-94 that she has at present..
-- Great, that means they have told you what to do in order for them to correct their mistake. If they correct it, they will send you the new TD (I-797) with the I-94 attached to it (it is at the bottom of the I-797 approval notice). There is no need to "correct" the I-94 that she has at present..
From B to TD
I again talked to USCIS Customer Service today, they are also saying that TD is tied to the TN, the TD visa start date cannot be changed from Dec 01, 2006 to Nov 3, 2006. And I should have gone to POE to Change my starting date before Nov, 2, 2006.
So, I assume my wife is out of status now.
What option do we have now?
Does she have to leave immediately or can we apply for something from here? Is there any grace period to leave?
and will she face any problem while coming back on Dec 02, 2006 on TD visa as she over stayed past her visa here.
I'd appecate your reply
Thanks
I again talked to USCIS Customer Service today, they are also saying that TD is tied to the TN, the TD visa start date cannot be changed from Dec 01, 2006 to Nov 3, 2006. And I should have gone to POE to Change my starting date before Nov, 2, 2006.
So, I assume my wife is out of status now.
What option do we have now?
Does she have to leave immediately or can we apply for something from here? Is there any grace period to leave?
and will she face any problem while coming back on Dec 02, 2006 on TD visa as she over stayed past her visa here.
I'd appecate your reply
Thanks
I again talked to USCIS Customer Service today, they are also saying that TD is tied to the TN, the TD visa start date cannot be changed from Dec 01, 2006 to Nov 3, 2006. And I should have gone to POE to Change my starting date before Nov, 2, 2006.
So what you should have done is got her status changed from B to TD (Nov 3 to whatever your old TN expiry was) by filling out I-539. Then again, you should have sent her new I-539 along with your extension.
Now, if she is out of status, there is nothing you can do from within the USA.
What option do we have now?
-- Get her out ASAP and then request the re-entry visa by explaining your situation.
Does she have to leave immediately or can we apply for something from here?
-- Leave ASAP.
Is there any grace period to leave?
-- No. Once your I-94 expires, there is no grace period.
and will she face any problem while coming back on Dec 02, 2006 on TD visa as she over stayed past her visa here.
-- More her no. of "out of status days", more likely it is to face the issues. That's why I said, leave ASAP.
So what you should have done is got her status changed from B to TD (Nov 3 to whatever your old TN expiry was) by filling out I-539. Then again, you should have sent her new I-539 along with your extension.
Now, if she is out of status, there is nothing you can do from within the USA.
What option do we have now?
-- Get her out ASAP and then request the re-entry visa by explaining your situation.
Does she have to leave immediately or can we apply for something from here?
-- Leave ASAP.
Is there any grace period to leave?
-- No. Once your I-94 expires, there is no grace period.
and will she face any problem while coming back on Dec 02, 2006 on TD visa as she over stayed past her visa here.
-- More her no. of "out of status days", more likely it is to face the issues. That's why I said, leave ASAP.
RE: TD VISA Re-ENTRY INTO US
I am canadian citizen working on TN. My Fiancee came to US on B1 visa and We got married here and she changed her status from B to TD thru USCIS.
We are planning to Visit India Soon. She doesnt have any Visa as such on her passport. She just has new extended I-94 for one year from date of expiry of her B Visa.
I came to know that she has to surrender her I-94 on her way out of USA. Could anyone tell me if she needs any special document to re enter back in US. we are carrying letter from my employer and our marriage certficate.
Thanks
I am canadian citizen working on TN. My Fiancee came to US on B1 visa and We got married here and she changed her status from B to TD thru USCIS.
We are planning to Visit India Soon. She doesnt have any Visa as such on her passport. She just has new extended I-94 for one year from date of expiry of her B Visa.
I came to know that she has to surrender her I-94 on her way out of USA. Could anyone tell me if she needs any special document to re enter back in US. we are carrying letter from my employer and our marriage certficate.
Thanks
I am canadian citizen working on TN. My Fiancee came to US on B1 visa and We got married here and she changed her status from B to TD thru USCIS.
We are planning to Visit India Soon. She doesnt have any Visa as such on her passport. She just has new extended I-94 for one year from date of expiry of her B Visa.
I came to know that she has to surrender her I-94 on her way out of USA. Could anyone tell me if she needs any special document to re enter back in US. we are carrying letter from my employer and our marriage certficate.
--- Is your wife cdn? If yes, she will need your TN, marriage certificate and a copy of her TD (the I-94) to get the new TD at the POE. If she is cdn, she does not need to surrender her I-94 while leaving for India. She can present the same I-94 as a proof of her TD, when she returns to the US.
If she is non-cdn, then she will need to surrender her I-94 while leaving the US and get the consular TD visa from the US consulate in India, in order to return to the USA.
We are planning to Visit India Soon. She doesnt have any Visa as such on her passport. She just has new extended I-94 for one year from date of expiry of her B Visa.
I came to know that she has to surrender her I-94 on her way out of USA. Could anyone tell me if she needs any special document to re enter back in US. we are carrying letter from my employer and our marriage certficate.
--- Is your wife cdn? If yes, she will need your TN, marriage certificate and a copy of her TD (the I-94) to get the new TD at the POE. If she is cdn, she does not need to surrender her I-94 while leaving for India. She can present the same I-94 as a proof of her TD, when she returns to the US.
If she is non-cdn, then she will need to surrender her I-94 while leaving the US and get the consular TD visa from the US consulate in India, in order to return to the USA.
TheRealCanadian
Volunteer Moderator
deep10 said:Can she come back from India on Multiple entry I-94.
Only if she's a Canadian citizen.