Non-Canadian TD I94 Extension @ border

C

CDN9

Member
Hi All, Just running through this forum to see if anybody have experience with this. I recently got extended my TN I94 at the US/CAN border (passport renewed and got full validity I94). However, my wife's TD I94 is still with the old validity date. Her TD visa stamp expired sometime back in 2021, after that we didn't renewed it as most of the consulates are closed for visa processing, however, she maintained her TD status within US with the valid TD I94.

Now, If we cross the border and ask for a full validity of her I94 based on my I94 validity date, will that work? I read somewhere there is a provision called Automatic revalidation of I94s at the border if the trip is within 30 days (to both Can/Mex trips) even though the Visa stamp is expired.

Any inputs will be highly appreciated. thanks
 
I don't think that would work. I believe that Automatic Revalidation can only admit her up to the expiration of her previous I-94, though I can't find anything explicitly stating this.
 
She would need an approved I-539 to use AVR to extend her I-94. Of course, with an approved I-539, she would have a new I-94.

So, it's either consular visit, or I-539 approved before re-entry.
 
nelsona said:
She would need an approved I-539 to use AVR to extend her I-94. Of course, with an approved I-539, she would have a new I-94.

So, it's either consular visit, or I-539 approved before re-entry.
Click to expand...

Thanks nelsona and newacct!

Looks like I have two options

1: Extend her stay within US by filing I-539, upon approval, she will get a new TD I94 with extended date on it

2: Apply for her visa stamp, go to a consulate, get her visa stamp with validity matching to my TN I94, enter the US, get new I94 at the border with new validity. In this case, she will have both visa stamp and updated I94, even if she travels out of North America, she can come back she has a visa stamp on the passport.

first option is taking atleast 6-8 months, second one, no appointments opened up so far. First option looks viable for now.

One additional question - currently she has TD I94 valid till mid next year - if she travel to Canada from now and before expiration date of her current I94, I guess she will be admitted via the automatic revalidation (as long as the trip is shorter than 30 days)
 
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