Spouse I-539 while waiting for TN-visa ( I-129) receipt.

C

Canadian_NC

New Member
My employer recently filed an extension for my TN visa by mail. Last time for renewal I went to border and get it renewed but due to covid my employer opted to file my extension via mail. I thought they would be filling with premium processing but it turned out they filled a non premium which will take 4-5 months to get approved. Now the problem is that it's been 3 weeks and I have not get the receipt from USCIS (as Lawyer office told me it may take upto 40 days due to covid) and my wife's I-94 is expiring end of this week. Should I file for my wife's i-539 now or wait for the receipt from USCIS.
 
She needs to file now. Your firm should have offered to send hers in too. But now you need to do it, or she will out of status. don't worry about not knowing your petition number - if yours was filed as extension, it will have the same i-94 number; just explain this along with the i-539.
 
I agree with nelsona. I think that Premium-TN-case or no-premium-TN-case (like your case), for both types, extension to spouse visa gets done separately, the way nelsona mentioned and you have to do asap. I think even premium TN cases, spouse are asked to file for extension, online.

Information changes very fast so keep reading the official website for the latest information.
 
Thanks for the prompt response. We have submitted l-539 form online and immediately received 797C receipt in the email. Now I'm wondering if we can update the online application as soon as I receive my 797C for I-129 petition.
 
No. You would wait for any RFE. No provision for updating online application once sent, and sending in info unsolicited would likely confuse the issue. View the I-539 as simply keeping her in status. She will likely leave US and have to get TD at the border before it is ever approved. The key is getting your TN, she can't really travel until then.
 
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