My wife's TD visa extension

M

mingbuaa

Registered Users (C)
Hi there,

So here is our situation. I am a Canadian citizen but my wife is not, neither is my daughter. I am working in US on a TN status and they have TD visa which will expire on March 2013. Mine TN will expire around that time too but I plan to renew it before it happens.

The wife and daughter plan to go back to China in June, 2013 to visit family. So what should we do now? How to extend their visa or status? Do they need a new visa stamp on their passports? Can we just mail in to file an extension? Or do they need to personally go to a US embassy either in Canada or China to apply for TD visa? What is the best way to do it?
 
The Best way you can do is to complete the Application Form I-129 and Form I-539 instead of going to visit the embassy...
 
hazelickes said:
The Best way you can do is to complete the Application Form I-129 and Form I-539 instead of going to visit the embassy...
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But this will not get them a new visa stamps on their passports right? I think they will need it since they are not Canadian citizen and without it, they will not be allowed to back to states after they visit China.
 
mingbuaa said:
But this will not get them a new visa stamps on their passports right? I think they will need it since they are not Canadian citizen and without it, they will not be allowed to back to states after they visit China.
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That's correct. They need an I-539 to extend their stay in the US beyond March, then new visa stamps in China.
 
TheRealCanadian said:
That's correct. They need an I-539 to extend their stay in the US beyond March, then new visa stamps in China.
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So now i got a new question. My TN visa will expire at end of Feb. 2013 and my wife's will expire on March 2013. I know I need to renew my TN or file an extension. So should i go to border or ask my employer to file I-129? Which way is better? Plus, my wife also needs to apply for Canadian visa, which will take one month. How long it will take for her to file I-539 extension? What is the right order for me to apply these visas?

Thanks a lot.
 
Last edited by a moderator:
mingbuaa said:
So now i got a new question. My TN visa will expire at end of Feb. 2013 and my wife's will expire on March 2013. I know I need to renew my TN or file an extension. So should i go to border or ask my employer to file I-129? Which way is better? Plus, my wife also needs to apply for Canadian visa, which will take one month. How long it will take for her to file I-539 extension? What is the right order for me to apply these visas?

Thanks a lot.
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Anyone?
 
Let's talk more precisely. Your TN status expires at end of February, this so does her TD status. The expiry of her TD visa is unimportant until she leaves US. So, until then she must stay in valid or pending TD status, just like you need to stay in valid or pending TN status.

Since you getting a TN at the border does nothing for her long-term TD, she would need to go with you (but apparently needs a Cdn visa) -- before her TD visa expires, and get TD at same time as you, OR (much simpler) her and daughter could mail-in I-539 to extend TN/TD status. If you decided to do I-129, You would really need to do premium processing because -- although your statuses would be TN/TD-pending -- your TN needs to be approved before she tries to come back to US with a new TD visa, since it would be dependant on your new TN being valid.

In your shoes, I would go yourself to the border, get new TN, and then file I-539 for their TDs. Regardkless of whetehr they were approved or not, she could then leave wjhenever she wants, get a consular visa based on yoru new TN, in the meanwhile remaining in legal status in US due to her pending I-539.

Then when she gets her TD visa, she re-enters on it with proof of your TN, which she will already be carrying as part of her TD visa processing.
 
nelsona said:
In your shoes, I would go yourself to the border, get new TN, and then file I-539 for their TDs. Regardkless of whetehr they were approved or not, she could then leave wjhenever she wants, get a consular visa based on yoru new TN, in the meanwhile remaining in legal status in US due to her pending I-539.

Then when she gets her TD visa, she re-enters on it with proof of your TN, which she will already be carrying as part of her TD visa processing.
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Well said Nelson. Thank you so very much! I really really appreciate it.
 
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