TD Renewal case. Help required!

S

ssheikh84

Registered Users (C)
Hello everyone!

I am a huge fan of this website as it has helped me a lot in past as well. Anyway, i am a Canadian citizen working on a TN visa for a Houston based company. My wife is neither Canadian nor Permanent resident of Canada. She has a TD visa with the same expiry date as of my TN visa expiry.


Background:
My TN and my wife TD visa is expiring on May 09, 2011 and i am currently out of US. She also has a temporary resident visa for Canada valid till May 09, 2011. My passport is expiring on May 09, 2011 as well where as my wife passport validity is till Jan, 2015.

Scenario:
Now, we both are planning to travel to US by 22nd April, 2011. The plan was to go to Newyork and then go to Canada, get an urgent passport renewed and get a new TN visa by around 28th April, 2011. At this time my wife has 11 days to renew TD. I am not sure what exactly i should do? I am looking for a way through which my wife can stay with me till 1st week of June, 2011 because after that my wife can travel to her home country and get a new TD Visa issued.

Confusion:
Can my wife get a TD visa from a US consulate in Toronto? Can i ask the immigration officer regarding a renewal of my wifes I-94? If i use the I-539 option, how long it does usually takes because we both have to travel in a months time.

I will highly appreciate any advice and will be greatful!

Very Respectfully!
Salman Sheikh
 
Of course, she can apply for TD visa at a US consulate in canada. The problem mght be getting an appointment in time.

She will need a valid visa to accompany you into US, but it may not need to be a new TD, if she enters US in time.
 
Thanks Nelsona for the reply! Yeah you are right about getting the appointment in time, even if she gets an appointment before May 09, 2011 i think processing time is much longer and then her Canadian visa will be expired so she will be locked which obviously i don't want.

I am planning to travel back to US and renew my TN while crossing the Rainbow bridge by 29/30th April. I was thinking if i could ask the Immigration officer for her new I-94 card considering if that is possible (which i doubt). Anyway, i can get my new TN by that time and if she doesn't get her new I-94 then she will have another 10 days before either she leaves the US or get some sort of extension.

What is my best bet?

V/R
Salman Sheikh
 
You can go to border and get your new TN (after you get passport), and she should go with you and get new TD. Her Visa stamp is still valid for entry until May 9. And then get appointment when it is convenient for her, and have her go back up there and get visda (or wait til she needs to leave for other reasons.
 
Once again thanks for the reply! So Nelsona, you mean once my passport renewal is done. I should go to border (before May 9th) along with my wife and apply for my new TN visa. At the same time i should ask for my wife TD renewal and by that it only means new TD on I-94 with expiration date as of my new TN.

Once that is done, my wife can stay in USA till that new expiration date on her TD I-94 and if she leaves USA during that time she would need a new Visa stamped on her passport in order to enter in USA. (Which she can get from her home country or Canada).

Please correct me if my understanding is not right.

One more question: When i will go to Canada from USA by car, should i and my wife return the I-94 or return them once i come back for getting my TN/TD renewal. I was planning to return them once i am entering for TN/TD renewal. Your advice will supersede that for sure! If God forbid they don't renew my wife TD I-94 then what shall i do? What are the chances of that to happen. I will be carrying my lawyers petition for myself as well, apart from other original documents.

V/R
Salman Sheikh
 
Your assertions are correct. keep I-94 until officer takes it. Your wife will not be denied.
 
Nelsona, Thanks for the reply and you have given me such relief! I will update here once my TN and my wife TD I-94 is renewed, in order to complete this thread.

V/R
Salman Sheikh
 
Nelsona,

So we both have reached Canada successfully. Like it was planned, we came to newyork on 22nd and then drove yesterday to Canada through "Lewiston–Queenston Bridge" (Niagara falls). I will get my passport renewed during the next week and will plan to travel back to US.

Couple of questions i have: We both still have our I-94 (valid till May 09, 2011) with us while we are in Canada. Were we suppose to return those while entering Canada? Would it be ok to return those while Entering US and asking them to renew my TN and my wifes TD at the same time? I am just double minded on this.

Also, would it be ok to use the same "Lewiston–Queenston Bridge" for re-entering US. Is it advisable?

V/R
Salman Sheikh
 
I-94s, as i said earlier, atre to be kept untilUS border officer takes them, since you are still working.

You should be asking for both TN and TD at the same time, otherwise what was the point of bringing her with you. Otherwise she is out of status on may 10th.
 
Thanks Nelsona, was just clearing the confusion. Will update you once i get back to US.

Much appreciated!

V/R
Salman Sheikh
 
So here is the result:

I came via Niagara falls (Rainbow bridge) along with my wife and applied for my TN visa and asked for my wifes TD - I94 renewal since her visa was expiring on 9May2011. Since i entered last week and her visa was still valid at that time so she could enter then. Immigration officer issued me TN status and gave my wife a new I-94 with new TD status (multiple entry) for next three years. She can stay with this I-94 with in North America for next three years but if she flys outside the North America then she would have to return her I-94 card and in order to re-enter US, she will have to get a new visa sticker in her passport.

I am glad that everything went smoothly. Thanks a lot Nelsona!

Appreciated all your replies!

V/R
Salman Sheikh
 
You must log in or register to reply here.
Top