TD Visa Application for non-Canadian

J

Jasmin7

New Member
Hello,

My husband is a Canadian citizen currently working in the U.S. under TN status. However, he did not apply for a formal TN visa but obtained his TN nonimmigrant status directly at a U.S. port of entry.

I am a Turkish citizen residing in Turkey, and I have applied for a TD visa at the U.S. consulate, as I am not a Canadian citizen.

The consulate has requested his TN visa and approval letter, but since he does not have these documents, would it be acceptable for me to submit his I-94 form along with our marriage certificate instead?

I have come across information stating that the I-94 and marriage certificate should sufficent in such cases. However, I have also seen references suggesting that, for family members to obtain a TD visa, Canadian citizens must formally apply for and obtain a TN visa.

Could you please clarify which information is correct and confirm the documents I should provide for my TD visa application?

Thank you in advance for your assistance!
 
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Canadians are almost NEVER granted a Consular visa, so any site that says this is a requirement for the non-Canadians to get a visa, is completely wrong.

Simply submit a copy of the I-94 and proof of marriage.
 
What nelsona said is correct. Canadian citizens don't need to get a visa for dependents to get a visa. I think what you might be referring to is the fact, that, sometimes, it might be beneficial to issue a Canadian citizen a visa even if they don't need it, if both the Canadian citizen and the dependent are at the consulate. This is because for a dependent to be issued a visa, the principal nonimmigrant must either have a visa, or already be in the US and have an I-94. But if a Canadian citizen principal and a non-Canadian dependent are both abroad, planning to travel to the US together, this doesn't work, since the principal has neither a visa nor an I-94 (because they aren't in the US yet). The Canadian citizen principal, could travel to the US first, get an I-94, and that will allow the dependent to get a visa, and travel later, but this might be inconvenient. So, to make it convenient for the couple to be able to travel together, the consulate can issue a TN visa to the Canadian principal (even though it's not necessary) to be able to also issue a TD visa to the non-Canadian dependent. See 9 FAM 402.17-6.a(2):
(2) In rare cases, you may need to issue a TN visa to a Canadian. For example, a Canadian without TN status, who resides in a third country with a non-Canadian spouse or family members, and who plans to ente rthe United States as a USMCA professional simultaneously with the family member(s) will need a TN visa to confer derivative (TD) status on their dependents. In such cases, the Canadian could not wait to have their case adjudicated by DHS at a POE, since the non-Canadian dependent would require a visa to board a flight and to apply for entry into the United States.
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But this is not the situation you have. In your situation, you are not traveling to the US together. The Canadian principal is already in the US, and already has an I-94. That TN I-94 will allow you to get a TD visa.
 
Thank you, Nelsona and Newacct!

I have an additional question: Is it possible to enter the U.S. on a B2 visa and then change my status to TD within the U.S.? If so, how do I do that?

Would this approach be easier than obtaining the TD visa through the consulate? What would you recommend?

Many thanks for your help.
 
You could -- if you still qualify as B2 (having a foreign home) when you enter. I assume you have a B2 visa stamp right now?
You would then apply for TD by filing form I-539.

However you will at some point need a new consular visa in order to travel. Since you say you have already started the process, I would think you should complete it.

And, I believe that once you apply for one visa, any previous visas are cancelled (not sure or this).
 
nelsona said:
You could -- if you still qualify as B2 (having a foreign home) when you enter. I assume you have a B2 visa stamp right now?
You would then apply for TD by filing form I-539.

However you will at some point need a new consular visa in order to travel. Since you say you have already started the process, I would think you should complete it.

And, I believe that once you apply for one visa, any previous visas are cancelled (not sure or this).
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Thank you very much for your response, Nelsona.

Yes, I currently hold a B2 visa. From what I understand, if I change my status to TD within the U.S., I would not be able to re-enter the country on TD or B2 status if I were to leave. I will need new visa stamp from the consuate from scratch. Is that correct?

The main issue I'm facing is that the U.S. Consulate seems unfamiliar with the specific requirements of TN/TD visas. They have requested a “TN visa stamp” and an “approval letter” for my husband; however, he obtained his "TN status" directly at the border and therefore does not have a visa stamp or formal approval letter. Also, we are uncertain about what they mean by an “approval letter” in this context.

Do you have any advice on how best to proceed with this request, given the documents we currently have?

Thanks again for your guidance.
 
They need to be re-educated, and a call by them to State Dept (perhaps to a US consulate in canada) should clear that up. His I-94 and your marriage license work. You may wish to have a copy of the support documents that were used to get TN on hand.

Unless you have a home in a foreign country I would not be trying to enter on B2.
 
nelsona said:
They need to be re-educated, and a call by them to State Dept (perhaps to a US consulate in canada) should clear that up. His I-94 and your marriage license work. You may wish to have a copy of the support documents that were used to get TN on hand.

Unless you have a home in a foreign country I would not be trying to enter on B2.
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Thanks a lot Nelsona! It really helped.
 
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