TD for Korean Wife

T

theduaner

Registered Users (C)
Hi, I recently got married to a Korean citizen. I'm Canadian and have a TN visa. I'm currently in the US and my TN visa expires in November 2010.

My wife plans to go the US Embassy in Korea and apply for a TD visa.

My questions are:
1. Does my wife have to apply for a TD visa again on November 2010 (if and after I get my TN renewed?). I'm sure it's a dumb question, but everything is new to me.

2. In the future, can I go to the US Consulate in Canada with my wife to get her a TD visa? I've tried to apply online to schedule an interview (canada.us-visainfo dot com) but it won't let me or my wife ("no available schedules under current settings). I've tried calling the consulate and e-mailed them several times, but I don't get a clear answer on how to schedule an appointment.

Any advice will help. Thanks!
 
1. Yes. her Visa will only be valis for the dureation of your current TN. If she is in US, she msy apply for an extension of status, and she would need new visa if she left US thereafter.
2. Yes. She could even do it this time (but doing so in Korea is best). Appointments are indeed difficult to get at some times during the year.
 
Thanks Nelsona!

My Korean wife has an appointment at the US Embassy in Korea next week. We expect her to get her TD visa without any problems. But about 6 weeks after she gets here, my TN visa will expire.

I can get an appointment at the US Consulate in Calgary. I have to go on a business trip in mid-November (Europe) so applying for a TN/TD renewal via mail is out of the question.

Do we:
1. Go together to the US Consulate and apply for a TN and TD visa? (I read your post about the Japanese couple, and it looks like this is approved only in rare cases? In other words, we won't be able to return to the US together).

or

2. I get my TN visa first and go to the US. I send her copies of it, and she goes to the US consulate in Canada (while staying at my parents house). Is that a better route? How long do you think it would take to get a TD visa after her interview? She's worried she will have to stay in Canada for a few weeks to a month.


Thank you.
 
US consulates in canada will not issue TNs. You will need to first get your TN at the border and then have her get her new TD visa.

Just as an aside, there is nothing preventing you from renewing your TN by mail. Leaving US is NOT considered abandonning an I-129 petition, since the petition is being made by the employer, not you. (An I-539 would be considered abandonned, but if she stays in US, processing will continue. She only needs a visa when entring the country.) If you send in an I-129 now, you can still leave and enter US on the old TN until it expires, and can enter US on the new TN once it arrives, or get a new on ea tborder otherwise.. It may make more sense to simply get on at the border on your return, but a mail-in is not "out of the question".
 
Thank you.

I will then:
1. Mail out an I-539 and I-129 immediately for myself. I will make sure I return to the US before my current TN visa expires in November (do I have to do anything with my I-539 application because I left the US? Is it considered abandonment?).
2. Have my wife remain in the US and mail out her I-539 (does she need to send a I-129?).
3. Make sure she does not leave the country (even to Mexico or Canada) over the next year, or else she'll have to go to a US consulate and re-apply for her TD visa.

Does that sound right?

I'm a bit confused about the I-539. Does she just add my TN visa number to her application or her TD visa?

Thanks.
 
1. You do not send an I-539. Your I-129 covers both authorization and status, and is ent by your employer.
2. She send and I-539. I-129 is for employment sponsor.
3. She can proabably go to canada or mexico and return, without new visa, under AVR. Are you not getting a 3-year TN? In any event, she will at some point need a visa. best schedule it and go rather than need one and not be able to get an appointment.
 
Thanks Nelsona.

I plan on getting a 3-year TN.

Final question:

My wife will come to the US at the end of October (with TD). My TN expires at the end of November. Should I wait for her to come and submit my I-129 with her I-539 together? Or should I get my company to file my I-129 right now, and file her I-539 separately when she gets here?
 
Yes, I understand that.

The question was, do I wait for her to come, and then file my I-129 together with her I-539.

Or

Do I file my I-129 now. And when she gets here, file her I-539 separately?
 
I would have firm file I-129 now, if it is clear that you will not be travelling between now and TN expiry, in which case it would simply be better to get TN at re-entry.

One suggextion: Why not have firm file premium, $1000 extra, get your 3-yr TN, and then spouse can get full term visa in Korea the first time.

Considering your lack of understanding of the process, it doesn;t hurt to re-itertate even the basics, eh?
 
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