Non-Canadian Dependents

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smr_us

Registered Users (C)
My spouse is Canadian PR/ Indian citizen. She got her previous TD from US Embassy in Canada. Now, it is about time for us to renew my TN/her TD and I was just wondering if she can renew her TD without travelling to Canada or India. Can she renew her TD within US by mail? I know I can do that but not sure about her (since she is not Canadian citizen).
 
Thanks for the response TheRealCanadian. Here is how situation gets a little bit tricky;

-My wife got her first TD in Jan'08 (from Canadian consulate in Toronto/as Indian Citizen/Canadian PR)
-I changed my employer in April'08 and got a new TN
-She continued to stay on old TD issued to her in Jan'08/expired on Sept'08 (w/my previous employer)
-I submitted I-539-Application to Extend/Change Nonimmigrant Status before expiry of her TD - still pending.

My previous question re. whether application can be sent by mail was to clarify if I made a mistake in submission and looks like I wasn't a mistake.

I am however wondering what is going to happen next since this would be change of employer (my employer) for her TD as well as extension. I spoke to call center folks and they said she can continue to stay in USA legally untill application is finalized. Are they going to tell us, once application is finalized, to go to Canada/India and get TD changed/extended from there.
 
Since her new TD is going be linked with (issued on the basis of) my new TN, isn't it going to be a new TD for her? Last time when she applied for TD, she had to apply for it from country of residence (Canada at that time). This time she is already in USA, does that mean she can apply for TD within US (her current country of residence, even though she is not Canadian)
 
smr_us said:
Since her new TD is going be linked with (issued on the basis of) my new TN, isn't it going to be a new TD for her?
Click to expand...

The TD is issued on the basis of you being in TN status, not any specific TN. And if she needs to extend her TD, she can extend it within the US.
 
Remember that for non-Cdns, TD is a 'two-part' process: Consular visa stamp and entry I-94.

The I-94 can be renewed from within US by filing I-539. It is solely based on spouses TN, AND MUST ALWAYS BE CURRENT.

The consular visa is only used to enter US. It does not need to maintained current while in US. And thru automatic visa revalidation, does not have to be renewed even if one leaves US, if one is only travelling in North America for short periods. Otherwise visa staming would be required from consulate (even if the I-94 was still valid).
 
thanks guys.. appreciate your responses... i just got email confirmation that it has been approved and letter has been mailed..
 
Good. Now remember that, if she travels outside North America after her current visa expires, she will need a new TD visa from consulate
 
We will get a new TD visa from US consulate in Canada before she travels outside North America next time.. Her current visa has already expired .. about three months back..
 
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