Non-Canadian Citizen - TD I94 extension @ US-CAN Border

C

CDN9

Member
Hi All

My situation is as follows

My TN status recently got renewed at the border, I have been issued an I-94 with 3 years duration.

For my wife, who is a non-canadian citizen, I-94 is issued till her passport expiration date (i.e., Nov 2021). Her consular Visa is already expired (Jan 2021).

As we are not planning to get her visa stamp from consulate due to COVID restrictions, we are planning to renew her passport and planning to take the new passport to border to get a new TD I-94 to match with my TN I-94 duration. With the renewed passport, her I-94 can be issued to match my TN I94 validity

Is this doable? Please share your thoughts/if anybody experienced this scenario

Thanks
 
I do not believe this will work.
The CBP will only issue new I-94s if one has a valid visa.
They will allow entry on a valid I-94 and an expired visa (her current situation) by Automatic Visa Revalidation, but not the converse. I presume her current I-94 was issued when her visa was still valid. I as see it, the only way for her to get a new I-94 without first getting a new visa is by filing I-539 before Nov 2021.
Your plan would have worked if she had gotten her new passport before Visa expired and had gone to border with both. in my opinion.

So, given the current situation, I would (a) just sit tight until nearer her I-94 expiry, and at that time either go to Canada and get consular visa and I-94, or (b) file I-539, then not bother getting visa unless she needs to travel.
 
Thanks Nelsona for the valuable inputs

Yes, she got her current I-94 when her visa was still valid. I didn't realize the benefit of renewing her passport before going to border, that would have saved me from all this

One more question I have is, for example, If I get her passport renewed now, and apply for a consular visa (may take good 4-5 months to get an appointment), will consulate stamp visa in her new passport? I am asking this because her current I-94 is attached to the old passport by then ( I am not sure I-94s are attached to specific passport numbers)

The same is the case for filing I-539 also, by that time her I-94 validity nears expiration, she will have a new passport... not sure.. she can still apply for extension of status with a new passport # when the I-94 is actually attached to an expired / non-valid passport

Considering the Canadian quarantine restrictions, I may go through the I-539 route only as you suggested.. but the old and new passport situation is keeping me in confusion mode




nelsona said:
I do not believe this will work.
The CBP will only issue new I-94s if one has a valid visa.
They will allow entry on a valid I-94 and an expired visa (her current situation) by Automatic Visa Revalidation, but not the converse. I presume her current I-94 was issued when her visa was still valid. I as see it, the only way for her to get a new I-94 without first getting a new visa is by filing I-539 before Nov 2021.
Your plan would have worked if she had gotten her new passport before Visa expired and had gone to border with both. in my opinion.

So, given the current situation, I would (a) just sit tight until nearer her I-94 expiry, and at that time either go to Canada and get consular visa and I-94, or (b) file I-539, then not bother getting visa unless she needs to travel.
Click to expand...
 
The I-94 is not "tied" to a specific passport. So right now, she should have moved the I-94 to her new passport (the I-94 is a paper, it is NOT anything that might be stamped or written on the passport pages) So she can definitely apply for an extension by submitting a copy of the current I-94 when she submits the I-539.

The visa doesn't "die" with old passport either. Then, with her new I-94 that she receives, she doesn't even need a new consular visa, if she only travels to Canada for some reason, just show the old visa, new I-94, and re-enter (using what is known as Automatic Visa renewal - AVR). Get the consualr visa when it suits her.
 
Thanks Nelsona

Her I-94 is stapled to her old passport only (its still valid till Nov 2021). We are planning to renew it soon, once the new passport comes in, we will take out the I-94 from the old passport and staple it to new one.

As you said, we will wait till Sep/Oct and then apply I-539 with new passport and current I-94. By then, if consulate are opens up visa appointments, we will go to a US consulate in Canada and get her visa stamp and while reentering US, we will get updated I-94 with full term

I have contacted US Consulate/Toronto few weeks back... they said its not that visa appointments are not available, but its on case by case basis and takes longer (almost 4-5 months) to get one



nelsona said:
The I-94 is not "tied" to a specific passport. So right now, she should have moved the I-94 to her new passport (the I-94 is a paper, it is NOT anything that might be stamped or written on the passport pages) So she can definitely apply for an extension by submitting a copy of the current I-94 when she submits the I-539.

The visa doesn't "die" with old passport either. Then, with her new I-94 that she receives, she doesn't even need a new consular visa, if she only travels to Canada for some reason, just show the old visa, new I-94, and re-enter (using what is known as Automatic Visa renewal - AVR). Get the consualr visa when it suits her.
Click to expand...
 
Just remember, if you go to Canada with a new I-94 already, you don't need a consular visa. But if you want a new I-94 (and your I-539 hasn;t been processed), you do need visa.

So, honestly, if you are planning to send in an I-539, I would do it sooner rather than later. Sending one in the fall and then going to Canada to get visa will be redundant.
 
Thanks Nelsona

One of the two options only I am planning to do; either send in I-539 soon

or

Get an appointment at consulate, get visa and while returning get new I-94.

Not both



nelsona said:
Just remember, if you go to Canada with a new I-94 already, you don't need a consular visa. But if you want a new I-94 (and your I-539 hasn;t been processed), you do need visa.

So, honestly, if you are planning to send in an I-539, I would do it sooner rather than later. Sending one in the fall and then going to Canada to get visa will be redundant.
Click to expand...
 
That is correct.
I would do #1. Unless your spouse wants to travel to her home country, I would be avoiding the inconvenience of consular visit if at all possible.
 
I will go this route only.. Thanks for all the valuable inputs

nelsona said:
That is correct.
I would do #1. Unless your spouse wants to travel to her home country, I would be avoiding the inconvenience of consular visit if at all possible.
Click to expand...
 
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