Obtaining TD visa for Spouse who is on H4

B

BabarAli

New Member
Hi,

Currently, I am on H1-B academic visa in the US. I got my Canadian Passport after coming to the US. I have been offered a job and would be switching to TN visa. The questions I have are related with the change of status of my wife from H4 to TD.

My wife is on Pakistani Passport and does not have Canadian PR yet. What would be the best way to change her status to TD:

1) Can she do it at a US-Canada border ( I don't think it is applicable).

2) Can she file for a change in Status while remaining in the US and how it would work. Do I obtain my TN visa first at a port of entry. Then file for her change of status. I would prefer this option so she does not have to leave the country at least for now. How do we time it so that she is not out of status or becomes illegal. She can file for the visa when she travels next year.

3) She exits the country,
  1. Can she get a Canadian visa and apply for TD at US consulate. Any comments how long it may take
  2. Can she go to Mexico, as we are in Texas, and file for TD
  3. The least favored option will be to travel to Pakistan and get the visa from there.
Best

Babar
 
2. File as soon as you have your TN (I-539 for TD), and she will not be out of status.
3. she can get a visa in mexico or Canada. get a consular appointment for her and then get your TN. when her appointment comes up she leave US and gets TD visa.

The better way would be #2, and worry about visa when she needs to leave the country.
 
Thanks a lot Nelson, this is very helpful and brings much relief as well.

Based on your suggestion, I would file my TN at a US-Canada border. As soon as my TN is approved/stamped I will file for her change of status.

Later on, we will get the consular appointment for her visa stamping (TD) when she wants to travel.

Regards
 
That will work. File her I-539 the same day you get TN. One cannot change status if one is no longer in status.
 
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