Non-Canadian spouse - Is TD visa stamp in passport required?

M

mezzie

Registered Users (C)
Here are the details of our situation:

1. I am a Canadian citizen, and am currently on my 3rd TN visa (finally a 3-year one!) since 2006
2. My wife is a Japanese citizen, and has been on a TD since 2006 also
3. She has never gotten an actual visa in her passport. We have always successfully crossed the border with our valid I-94's and supporting paperwork. This has included trips to Canada, Japan, and the Caribbean
4. Every time we cross the border, my wife always gets hassled and we incur major delays, because the border guards never seem to know what to do with TD visas
5. Ultimately, in every case, the border guards have let us back into the US without further issue

On our last trip, we were delayed for about 2 hours. The border guard initially told us that my wife required an actual visa in her passport. Then he checked his guidelines and changed his mind, saying she didn't need one, and let us in. When I got home, I checked the guidelines myself, and it appears she DOES need one, and that the border guards we have encountered so far have been misinforming us.

The lawyer my company has retained to represent us has been a disaster from the beginning. When I mentioned this to him, he claimed he didn't know my wife wasn't a Canadian citizen! Can you believe that? Of course he has copies of her JAPANESE passport in JAPANESE on file, and used them for our TD application.

Anyhow, my questions are:

Does my wife require a formal visa? We are planning a trip to Japan in the fall, and will be staying about 1 month. I figured that would be a good time for her to make a consulate appointment and get a visa if necessary, but of course we worry that it will be rejected and she won't be allowed back in the US. Our current TN/TD status is valid until October, 2012, FYI. Is there any legitimate reason that would prevent her from getting the visa in a timely fashion?

Thanks so much in advance for your reply. This is the MOST informative forum I have come across! You really are performing a spectacular public service.
 
Last edited by a moderator:
Yes, she requires a Consular Visa, and always has. She will not be rejected. Her I-94 is proof of status, not a Visa.
 
nelsona said:
Yes, she requires a Consular Visa, and always has. She will not be rejected. Her I-94 is proof of status, not a Visa.
Click to expand...

Thank you for your reply.

Her worry is that they will question why she has been in the US without a visa for so long, and not grant her one. From your reply I'm guessing that's not a valid concern?

In other words, has she been doing anything illegal per se?
 
Last edited by a moderator:
As long as she has proof of status, she will be fine.

Unless she snuck across the border, she has done nothing illegal, her I-94 is proof of this.
 
nelsona said:
As long as she has proof of status, she will be fine.

Unless she snuck across the border, she has done nothing illegal, her I-94 is proof of this.
Click to expand...

Thanks again :)

You've put my mind at ease!

My wife's follow-up questions:

Is there any advantage/disadvantage to doing the consular visit in Canada rather than Japan?
Is it easier in any way to do it in her home country or does it not matter?
Also, is there any need to rush? Or just wait until our next planned trip outside the country?

Thanks in advance!
 
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Wait for next trip. There is no rush. but it must be done on the next trip outside US. Her I-94 is her legal status while in US. It just isn't enough for her to get back in. Incredible incompentance and/or laziness of CBP notwithstanding, she needs a visa next time she enters US.

It should not matter where, especially if she has PR status in canada, but even that is not crucial.
 
nelsona said:
Wait for next trip. There is no rush. but it must be done on the next trip outside US. Her I-94 is her legal status while in US. It just isn't enough for her to get back in. Incredible incompentance and/or laziness of CBP notwithstanding, she needs a visa next time she enters US.

It should not matter where, especially if she has PR status in canada, but even that is not crucial.
Click to expand...

Again, thank you!

No PR status in Canada, but if there's no rush, we'll simply wait for our fall trip to Japan, since it will be a long enough trip that we shouldn't end up having to delay our return if it takes a while to get the visa.
 
That's fine, but if you go to Canada (or anywhere else) in the meantime, you risk denial upon re-entry. You need to get visa on your first trip outside US.
 
nelsona said:
That's fine, but if you go to Canada (or anywhere else) in the meantime, you risk denial upon re-entry. You need to get visa on your first trip outside US.
Click to expand...

Understood and thanks! We have already cancelled a weekend trip we were planning to take to Toronto during the summer to avoid exactly that problem.
 
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