How to obtain TD Visa for Non Canadian Citizen during COVID?

#1
Hello,

I got a job for a tech company in Seattle earlier this year. They helped me get a pre-approval for my TN Visa but due to COVID my company suggested I start work internationally in Canada which I was more than happy to do so.

My company is calling all international employees to move to their country of employment by August 31st 2020 which I can do pretty easily given I am a Canadian Citizen and have the pre-approval.

My concern is that my wife is an Indian Citizen and Canadian Permanent Resident. She requires a TD Visa to enter the US as my dependent and the embassy in Toronto is closed.

We were able to schedule an appointment yesterday for August 21st, but am unsure if this is a legitimate time or if it will simply get pushed.

Does anyone have suggestions/ideas on what we can do to secure a TD Visa? My hope was to get my TN at the land border crossing in Buffalo, come back to Canada and then move together. Would that be feasible in anyway?
 

nelsona

Registered Users (C)
#2
When you say "pre-approval" I assume hey filed an I-129 for you. That should be sufficient to get her TD visa at the consulate, before you go to the border to request entry on TN.
After that it would be wise for you -- yourself -- go to the border and request TN entry, which is usually not a problem, but not automatic, just to be sure everything is ok. Then you can of course go back and get ready to move,

As to whether she can actually get a TD visa at this time would be a mattter of pure conjecture.
 
#3
Thanks @nelsona!

My plan is to go to Buffalo, get my TN and fly out from Toronto to Seattle. I am confirming if the deadline is rigid and if so will be following this plan to move by August 31st.

Given everything that's going on, my hope is my wife can get her TD Visa while I am in Toronto after having obtained my TN at the Buffalo border. If this happens we can hopefully leave together.

Either way, if the above isn't possible, we will need to stay separate for a while which isn't the worst thing in the world but obviously not ideal.

Does that plan make sense or do you think there are any gaps?
 

nelsona

Registered Users (C)
#4
So, did your sponsor file I-129 or not? If they did, she can get her TD as soon as she can get an appointment, without you needing to go to the border. If not, then you must go to the border and get your TN and only then she can get her TD.

I would be making the appointment at consulate now, in either case of course.

Nothing you are describing is particularly difficult, The only catch is geting an appointment at consulate. If this is done, then you won;t have any issues. If you have tp go yourself because of a deadline, so be it; this is business.
 
#5
Thanks for the reply @nelsona!

My sponsor/company filed the I-129. This appears to be new to me because the company's lawyers originally had stated I need to move first and only then can she get a TD Visa citing that the consular approval will require my i94.

If she can get a TD as soon as she can get an appointment, what type of information or documentation would the consular look for?
 

nelsona

Registered Users (C)
#6
I'm pretty certain -- in fact QUITE certain -- that she could get TD with your I-797 approval notice (check with consulate), this regularly done for foreign workers and spouses living far from US. But really, you should be going to the border a soon as possible to get the I-94 and return to Toronto -just to make sure your TN process is final. By explaining your situation when you return at the Cdn border, they will probably let you skip the mandatory quarantine -- just make sure you only go to get TN (ie. a 'round the flagpole entry to US).
 
#8
Hi,

I am in a similar situation as the above person. I am currently working in Seattle on a TN visa and my wife is in Canada. She is an Indian citizen and holds a Canadian PR. She has applied for the TD visa and had an appointment at the US consulate this month but it got cancelled due to Covid. Is there any other way to apply for her TD visa?

Also, she does have a valid US tourist visa. Can she travel to the US on that or would it raise red flags as she has applied for a TD visa recently and it might be hard to prove ties to Canada.

Appreciate your help on this.
 

newacct

Well-Known Member
#9
Also, she does have a valid US tourist visa. Can she travel to the US on that or would it raise red flags as she has applied for a TD visa recently and it might be hard to prove ties to Canada.
She can travel to the US by air (not by land right now) on her tourist visa, as long as her intention is (and the officer believes it is) a short stay after which she will leave.
 

nelsona

Registered Users (C)
#10
Without ties in a foreign country, she is ineligible for entry on B2, regardless of old visa obtained whan she was a legitimate tourist, so she would be taking a chance of denial. But surely she is staying somewhere with someone in canada, no? That might be sufficient to prove ties,

She should also be retrying Consulate for new appointment.
 
#11
Thank you for the responses.

Just to give you more context, my wife works at a well known firm in Canada and we stay in a rented apartment near the border. She is currently on maternity leave and still has 9 months left on it. We have also been to US several times previously as tourists. I was wondering if that would be sufficient enough to prove significant ties to Canada. Will the fact that we have applied for the TD visa cause any issues?

The reason we had applied for the TD visa was that the period was >6 months and to avoid any travel issues in the future.
 

nelsona

Registered Users (C)
#12
If she does not want to travel, assuming she is in US, then she should apply for TD with I-539 by mail. This would change her status to TD, and once approved, it would avoid having to get a new visa, even if she went to canada.

But with Govt shutdown looming, mail-in petitions may be severely delayed. Best bet is still waiting it out for consulate appointment.
 
#13
I am also going to be in the same/similar situation soon.. Currently, my wife's (non-canadian citizen) TD visa stamp on her passport is going to expire on Jan 21/2021 though her I-94 is valid till Feb 8/2021

I am planning to go to border around Jan third week (Jan 22nd) to get TN for me and TD for my wife. However, her TD visa will be expired then.

For example, if I go for to border around Jan 22nd , if we get TN/TD, and we will get new I-94s with 3 year validity, then, even though her visa expires on 21st, still she will be able to travel from Canada to US?

as this TD visa stamp is required only if she travels out of North America and try to return to US

even though her TD visa stamps expires, since she has new valid I-94, I guess there won't be any issue travelling back and forth from Canada to US. Unless, she travels out of North America, then, she needs a valid TD visa stamp as well to enter US

Based on the consulates opening, I will have to schedule an appointment at a later date to get her TD.
 

nelsona

Registered Users (C)
#14
She *should* be ok for re-entering on her existing TD I-94 in January using AVR (auto Visa reneal), but I'm not so sure CBP will issue the new I-94 for her at that time. They may say she needs to apply for TD by mail from within US. using I-539. You would need to check on that. I beleive there is a dissfernce between using AVR to enter on an existing I-94 and issuing a new I-94

If that is the case, there would be no point for her to go up with you, and she would just apply for I-539 once you got your TN. With that new TN, she would now have 3 years of AVR at her disposal.
 
#15
She *should* be ok for re-entering on her existing TD I-94 in January using AVR (auto Visa reneal), but I'm not so sure CBP will issue the new I-94 for her at that time. They may say she needs to apply for TD by mail from within US. using I-539. You would need to check on that. I beleive there is a dissfernce between using AVR to enter on an existing I-94 and issuing a new I-94

If that is the case, there would be no point for her to go up with you, and she would just apply for I-539 once you got your TN. With that new TN, she would now have 3 years of AVR at her disposal.

Thanks nelsona

If that is the case, I just need to go to border and get my TN, come back to US and then apply for my wife's TD (using I-539). Can we file I-539 on our own? or our employer need to do?

Looks like I need to go to border atleast a month in advance, then only, we will have enough time to file my wife's I-539.

As long as we submit I-539 in time (atleast 10 days before her visa expiry), I guess we won't have any problem with out of status (as her TD Visa valid till Jan 21st and her I-94 is valid till Feb 8th)
 

nelsona

Registered Users (C)
#16
I-539 is HER petition. It is not for employment, so nothing to do with your employer Sometimes as a coutesy, employers file the I-539 along with the I-129 for the employee, but since you are going to border, she files that on her own, with proof of marriage and proof of your new TN.

The I-539 would need to be filed before 2/8/21, the expiry date of her I94. The validity of her consular visa is unimportant.
 
#17
I-539 is HER petition. It is not for employment, so nothing to do with your employer Sometimes as a coutesy, employers file the I-539 along with the I-129 for the employee, but since you are going to border, she files that on her own, with proof of marriage and proof of your new TN.

The I-539 would need to be filed before 2/8/21, the expiry date of her I94. The validity of her consular visa is unimportant.
You are right, last time when our employer filed, they filed I-129 and I-539 together, they paid all the cost. Now, I decided to go to Border, so, it will be on me this time.

Thanks for all your inputs nelsona
 
#19
Hi..has anyone been successful in getting a consulate appointment for TD visa in the last 6 months.
We haven't tried to get an appointment, however, I have inquired with US Consulate in Ottawa. Got a response, we are free to apply for there will be a long queue to get appointment slot

You can check appointment waiting time in US Consulate Ottawa website, it shows 90 days
 
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