TD renewal (I-797)

T

timmy3

Registered Users (C)
Hello,

I posted here last year when I was applying for my wife's change of status from B1/B2 to TD.
Long story short I applied for her TD visa in 2011 but instead was issued a B1/B2. We then applied for a change of status for her which was approved and we received an I-797- approval notice granting her the TD status that matches the expiry of my TN visa. Now it is again time for both my TN and her TD renewal. I will apply at the border as I am a Canadian Citizen. How do I renew her TD ? Just keep in mind that she still have that B1/B2 in her passport.

How do we go about renewing her TD status?

Thanks
 
Just to add , our I-94's will expire March 30. I will try to get a new TN next week. Do I apply for wife's TD by submitting a new I-539 or can we apply at a consulate in Canada for a new TD consular visa stamp

We are also planning to travel outside of north america in summer. Which way do u guys think would be the best considering our travelling plan ? I know my wife can't re-enter on I 797 if we travel outside of north america.

Any replies would be much appreciated.
Thanks
 
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She needs both: a TD status (I-94) applied for by I-539, AND a consular stamp the next time she leaves US.
 
Thank you so much for your reply Nelsona. You have been so helpful.

Just to make things clear I would like to ask few things.

1) So if I am not taking you wrong you are suggesting that once I renew my TN ( expiring march 30) at the border my wife should apply for I-94 by I-539 as we did last time. My question is since her I-94( I-797 notice of approval) is expiring on March 30th, 2013 do we have to wait ( 2-3 months) for the new I-94 ( notice of approval) first and then go to Canada for consulate stamp OR can we book an appointment with consulate while the I-539 is pending considering her her current I-94 would still be valid?

2) Is it possible to only apply at the consulate for her TD visa before March 30 and skip the I-539 ?

3) Can she travel to Canada on current I-94 that is expiring on March 30, while the new I-539 application is pending?

4) What do we do to re-enter US if we both travel outside of north america after getting our new I-94's. We are planning a trip in June / July .


I would really appreciate your response.
Thanks
 
1. The key is having your I-94, and her having an I-94 (or at least a pending I-537 submitted before 3/30). She does not need approval to get consular stanp. Your I-94 would be her approval for consular purposes.
2. Sure, with your valid I-94. Realize hat she will not be allowed back in US without new stamp. Be wrned that consular appointments are noteasy to get.
3. Only until march 30th. Her I-539 protects her only within US. It would be abandonned as soon as she left US.
4. Get a consular stamp, and show that she applied for I-539 before march 30.

So, basically her other option is to go with you while you get TN, and immediately get TD stamp with an appointment or as I answered above.
 
Thanks again Nelsona. Just few more queries before I proceed.

So reading your post I think that's what my options are

1) After renewing my TN apply for a new TD consular visa and try to schedule an appointment with consulate before march 30.

( My concern with this option- Consular visa service don't allow access to interview schedule until you submit a new application form DS-160 and pay visa fee. If my wife apply for a new TD visa but couldn't find an appointment date before her I-94 expiry of 30 March, can she still send an I-539 by mail from within USA. MY plan is get my TN this weekend, re-enter USA with wife and apply for her consular visa. IF she gets a consular appointment before march 30th then we will travel to canada, if not then send I-539 by mail within USA so that she remain in status. My question is will her current I-94( expiring march 30) still be valid for traveling after applying for consular visa while we remain in US and can she file I-539 incase we cannot find a date before march 30th ? ). Just want to make sure she don't lose the option of I 539 after applying for consular visa and not getting a date before march 30th.

OR

2) Apply for wife's 1-539 by mail from within USA and then (i) either apply for consular visa and try to schedule appointment before or after 30th march 30 ( whatever date we get...march, April ). This way she will remain in i 539 pending status and we can wait for our consular visa date. OR (ii) the best way that apply for I 539 and wait for approval and then schedule consular ( as nelsona you suggested initially)

Last thing I would like to ask is lets say I got her consular visa and then travel outside north america, does she have to apply again for consular visa to re-enter US or the one she already have would allow her re-entry? This happen to me couple of years ago when I traveled outside north america and was told that my current TN became invalid since I traveled outside north america and was asked to get a new TN ( although I-94 was still valid) which I did.

Thanks
 
one last query is that does her current b1/b2 consular visa become invalid once she get a new TD consular visa?
Currently she travels on I-797 TD status with b1/b2 multiple in her passport.

thx
 
Yes, it becomes invalid the instant she submits her TD visa application to consulate. This should not bother her, since it is unlikley that she qualifies for B2 status, given that she lives with you in US.

And this would thus allow her to travel worldwide, ratrher than restricted to N america like she is now, since she is using AVR rathr than getting a new visa.
 
1. Yes, an appointment before mar 30 would mean thus there is no time spent out of status, and no need to file I-539.
If she files I-539, her I-94 (along with proof of application) become her proff of status for staying in US, not for travelling. She will need a new approved I-94 to travel. he consular application has no effect on her current I-94, nor on the I-539. It only kills her B1/B2 visa stamp, which is useless within US anyways.
2. If she gets a TD visa, that is all she needs. You were incorrectly treated in the past, Your TN wasstill valid, but you did need a new I-94, nut not a full TN petition.
 
You made everything so clear Nelsona. Now I have no doubts in my mind.

I will apply for her TD consular once we get back to US after renewing my TN. If we are able to schedule an appointment before 30 th March then we are all set ( no need for I-539). In case we get a consular interview date which is after 30th march ( assume april 10th) , then I will apply for I-539 right away and will wait for the consular interview date of april 10th.

Thanks You once again.
 
Hi again

So I renewed my TN and now it is time to apply for wife's renewal or new consular TD. The TD consular visa waiting time is different from non-canadians residing in USA ( 4 days) vs non-canadians residing in Canada( 84 days).

I assume my wife would be non-canadian residing in USA as she is here with me on a TD. Correct???

Would love your advise as always nelsona.
 
Hi Nelsona and others,

Need your feedback on my current situation. Reading above you will find that I was able to get my new TN in march which is valid till march 2014. Similarly my wife's TD renewal I-539 got approved and is also valid till march 2014. In august this year we traveled abroad ( out of north america). Before leaving I was told by employer that they will not be able to continue me at my current job after October 2013, so we decided that upon returning from abroad we will settle down in Canada for good and that is why before travelling abroad I did not applied for my wife's TD consular stamp.( No plan to return to US)

Right now I am in US wrapping up to move back to canada with my wife already there. I know that my wife's TD is not valid for travelling to US anymore.

My question is about the B1/B2 consular visa in her passport which is still valid till 2021. Can she still visit US on her B1/B2? or her B1/B2 is not valid anymore for future travels as we changed her status from B1/B2 within US to TD in 2012 and renewed her TD in 2013.

Would greatly appreciate a reply.
 
If she never applied for a new TD visa, then her B1/B2 remains valid (for entry on B1/B2 of course).
If she had applied for TD visa (rather than just TD status) then the consulate would no doubt have taken the B1/B2. But this inot your case, so B1/B2 Visa is still vaild.
 
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Thanks Nelsona.

No we never applied for a new TD consular visa. All we did was that we applied for a change of status from B1/B2 to TD by sending I- 539 ( by mail within US) in 2012 and then renewed that TD in 2013 via I-539. So no consular visits.

Hope will not have any issues when she tries to visit next time.

Thanks again.
 
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