Change status B2 to TD

One more question, if for whatever the reason, my wife gets rejected by the US consular in Vancouver for her TD visa application, can she still enter US on her B2 visa which will not expire until Jan 3rd 2009? Thanks.
 
jiankai_yu said:
One more question, if for whatever the reason, my wife gets rejected by the US consular in Vancouver for her TD visa application, can she still enter US on her B2 visa which will not expire until Jan 3rd 2009? Thanks.
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We had a hard time when my wife enter from india with her b2 visa and later we crossed the border. The officer was not so bad, so they told me they can let her go, but better to get the TD visa stamped. we went back to canada/toronto and got her td. we requested for next day pick up of pp, eventhough they didn't promised, we got the next day. But i don't see a reason for td denial, in ur case.
 
Yeah I don't see much reason for denial either. However, you always gota prepare for the worst espeically with US visa. There's never a gurantee for issuing the visa. I am trying to book a vacation package to Hawaii for thanksgiving so I just want to make sure if my wife gets her TD visa rejected, she can still come into USA while her B2 visa is valid. Is this the case?
 
jiankai_yu said:
..if for whatever the reason, my wife gets rejected by the US consular in Vancouver for her TD visa application...
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Let me clarify...You are NOT applying for a VISA :( you are applying for a STATUS...BIG DIFFERENCE

Also, If YOUR TN STATUS is valid, there is absolutely no reason to deny her a TD STATUS, especially when u go to the consulate...none, nada, zilch, zero

My wife was denied a TD at a border crossing, but they still let her in on B2, and told us to apply by for TD by mail. Her passport already had the B1/B2 consulate visa stamping.

Stop worrying youself to death...;)
 
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Actually, she IS applying for a TD Visa at the consulate, and will only apply for that status when she crosses the border.

But, in any event, they have nothing to worry about if his TN status (Cdns don't get visas) is valid.

TNDV, you do realize that your spouse does need to get a TD Visa at a consulate next time she leaves the country, eh?
 
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nelsona said:
TNDV, you do realize that your spouse does need to get a TD Visa at a consulate next time she leaves the country, eh?
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LOL! at first I was like :confused:...thinking "this is so unlike nelsona, what the hell does he mean? we already have our GC's..."

Actually she does have a TD Visa...it's been very handy in Canada...eh?
 
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Ok, so now she has a GC.

If not however, she would need a TD Visa to re-enter US on TD status. A Mail-in TD petition (I-539) doesn't cover entry.

Get my point? 'Cause your previous post was wrong.
 
Thanks for the posts Nelson and TNDV2008. Yes, my wife is applying for a TD visa at the consulate since she's not a Canadian citizen and needs a TD visa to come to US port of entry. So if she gets her TD visa, she'll have both a valid TD visa and a valid B2 visa. So when she crosses the boarder, should she tell the CBP officer that she's coming into America on TD visa, not her B2 visa, so a new I-94 that says TD status should be issued?

Also, when my wife applies for her TD, the consular may ask her why she wants to get a TD visa when she already possesses a valid B2 visa. Can she say she wants to take some classes while in USA since B2 does not allow her to go to school but TD does and her B2 visa will expire on Jan 3rd 2009 but my TN status will not expire until July 18th, 2009?
 
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TD is MUCH better, as it allows you to actually live in US, without maintaining ties outside. Technically, she is no longer allowed B2, since her ties are with you in US now, not in some foreign country.

So TD is really the only way to go.
 
How long does it take to issue the TD visa? The visa interview confirmation letter says US Consulate in Vancouver no longer issues visa on the same day as the interview. In some cases, they issue it on the next business day. Most of the people bring a prepaid envelope to the interview to have the consular mail the visa to them. However, since we are from US, will they be able to expedite the process and issue my wife's visa sooner? I remember when I had to apply for a B2 visa with my dad in US consulate at Vancouver 11 years ago, they gave us the visa right after the interview because we told them that we are from Victoria, BC. I am trying to book a hotel room in Vancouver but not sure how many nights I should book it for. Any info would be greatly appreciated.
 
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I am a Canadian citizen currently on TN status in America.
My wife, a Pakistani citizen (she is not canadian/permanent resident of canada),
is currently living with me in America on a B2 visa.
I would like to change her status from B2 to TD.
File a I-539 to change her status to TD is the correct options
or
apply for a TD nonimmigrant visa at the closest US consulate (Mexico or canada)
or
Is there any other option/s to change her status?
What are the advantages and disadvantages for each option? Thanks in advance.

Note:
she has canadian student visa because she was studying in Montreal, she was graduate student. she has completed one year of studies, and usa b2 visa for 5 years and she has no immediate need to travel in near future.
 
There are no other options.

1. I-539. The advantage of this method is that your spouse need not leave the country to change status, and that once her TD is approved, her current B2 visa will still get her back into US after short visits to Canada/Mexico. The disadvantages are that once she does leave US for anything other than for short visits to Canada or mexico, she will need to get a consular TD visa before re-entering. Also, if she submits I-539 and leaves US before it is approved (and these can take time) then the I-539 was a waste, since she will have to use Consular visa route entirely, as if I-539 was never filed.

2. Consular. Disadvantage, Must leave country and have an appointment. I would go to canada, since she has status there. Advantage is that she controls the process, and once done, it is done and world travel can resume without any worries.
 
nelsona said:
There are no other options.

1. I-539. The advantage of this method is that your spouse need not leave the country to change status, and that once her TD is approved, her current B2 visa will still get her back into US after short visits to Canada/Mexico. The disadvantages are that once she does leave US for anything other than for short visits to Canada or mexico, she will need to get a consular TD visa before re-entering. Also, if she submits I-539 and leaves US before it is approved (and these can take time) then the I-539 was a waste, since she will have to use Consular visa route entirely, as if I-539 was never filed.

2. Consular. Disadvantage, Must leave country and have an appointment. I would go to canada, since she has status there. Advantage is that she controls the process, and once done, it is done and world travel can resume without any worries.
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Do you know what documents need to submit with I-539 form?
 
The I-539 instructions should tell you. Copy of your I-94 showing current TN status, a copy of her I-94 showing current B2 status, a copy of her passport picture page, and a copy of your marriage certificate.
 
thank you so much, just one more question I saw in the instruction that fees is $290,but there is a $85 fees also for biometric fingerprint test, do I have to give that also or its just $290.thank you so much for your help.
 
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