I have a TN, Is it illegal for spouse to stay in US without TD?

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projectpete19

Registered Users (C)
Hello,

I am a canadian citizen, I am currently on a TN and have been for two years (renewed once). My TN expires on June 29, since hearing some stories about canadians getting denied at the POE I am going to mail in an I-129 this year. My wife and daugter want to go to canada on july 22 to see her niece's graduation.

I know it can take about 3 months to get a renewal by mail as long as everything is done properly, so she may not get the TD in time if applied by mail.

My question is, since I will have my new TN. When my wife and daughter go back to canada in july, is it illegal for us to wait until then for her to get her TD at the POE? Meaning she will be living without TD status in the US from June 29 to July 22.

I know I can mail in the I-539 and if I dont get it in time they can just go to the border but that is like throwing away $600 so I am just looking for all my options.

I know I can apply by mail
 
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projectpete19 said:
Hello,

I am a canadian citizen, I am currently on a TN and have been for two years (renewed once). My TN expires on June 20, since hearing some stories about canadians getting denied at the POE I am going to mail in an I-129 this year. My wife and daugter want to go to canada on july 22 to see her niece's graduation.

I know it can take about 3 months to get a renewal by mail as long as everything is done properly, so she may not get the TD in time if applied by mail.

My question is, since I will have my new TN. When my wife and daughter go back to canada in july, is it illegal for us to wait until then for her to get her TD at the POE? Meaning she will be living without TD status in the US from June 20 to July 22.

I know I can mail in the I-539 and if I dont get it in time they can just go to the border but that is like throwing away $600 so I am just looking for all my options.

I know I can apply by mail
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She will accrue illegal presence if she stays in the US past the expiry of her TD (I-94). You can pay $1000 to expedite your application (in 2 weeks) by using the premium processing option (only if TDs are sent for the renewal along with your TN -- PP of ONLY TDs is not permitted).
 
There is no need to actually obtain the I-539 approval to remain legal. Submitting the I-539 anytime before June 29 is sufficient, and extends their TD status for upto 240 days (and ceretainly until July 22). When they travel, simply take along the I-539 receipt, and the new I-94 will be issued without question.

Who knows, they may have occasion to go back to canada in the meantime, so would get new TD anyways, so don't rush to submit I-539.
 
i was under the impression that the 240 days only allows you extension to work, you cant leave the country if you filed through the mail and still havent received the actual I-94 yet

so upon my wifes re-entry to the states she will not have an I-94, so the customs agent will just tell her to go back to the great white north. and I may not have my TN when she goes, meaning she is double SOL.
 
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projectpete19 said:
i was under the impression that the 240 days only allows you extension to work, you cant leave the country if you filed through the mail and still havent received the actual I-94 yet

so upon my wifes re-entry to the states she will not have an I-94, so the customs agent will just tell her to go back to the great white north. and I may not have my TN when she goes
Click to expand...

-- That's what I thought too.
 
Indeed, the new TN must be obtained in order for any TD to be issued. Poster says he will be getting his TN before they leave.

If the TD needs to leave the country, and the TNer does not have his TN, the TNer also needs to go with TD to the border and get new TN/TD.
 
thanks for the info, looks like i am going to mail both the I-129 and I-539. Do I mail both forms at once or do I need to wait until the I-129 is approved and i get my new I-94 before I can send my I-539?
 
You should send them at the same time.

Of course, the I-539 will be of little value unless your family waits in US until both the TN and the TD are approved.
 
but of course, thanks

am i correct in assuming it shouldnt take more than 3 months? i called uscis to see if there was a backlog but couldnt get anywhere
 
You can look current processing times. They are now working on mid-january cases for TN. However the I-539 backlog is MUCH longer (august 2007).

That is why I have been suggesting that -- if you really think it is worth submitting I-539 at all -- just do so on the last possible day. Your situation might change such that a TD will be received at the border
 
thanks, i am inquiring about all theses different scenarios because our house is for sale and we are moving back to canada once it sells.

right now we have people who are getting an appraisal done on our house and they are definitely buying a house and want to move in by june, so we are expecting an offer within a week. my visa expires on june 20. i guess i will wait another week to mail my i-129 to see if we get an offer.

can a visa be extended for only a month or two or do you have to do the whole year. i want to give my job a month notice but dont want to give notice until the house closes, which will be in june, just in case something falls through.

i have heard that some people are getting denied at the POE, so can i go there and tell them i only need to stay another month and then i am moving back to canada, so they can grant me a one or two month extension in order for me to train an AMERICAN to replace me at my job?
 
You can petition for a TN for one day if you choose to. It would be silly to do so. Its the same cost and paperwork either way (and I dare say a one-month extension would be scrutinized more).

Under no circumstances would you ask for a TN "to train someone else". Training is not a TN category regardless of whom you are training!

Whatever the reason for any TN denial, it is never based on the length of the TN.
 
understood, thanks for the info

P.S. I know they are only doing there job and it is there for the greater good, but immigration as a whole is a pain in the ass
 
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