TD visa for a girlfriend after divorcing my wife.

L

LuciDreamer

Registered Users (C)
Hello folks,

Thanks for being so helpful, I keep reading through these posts every other day...

I have a question, maybe some of you already experienced the similar case and can suggest any ideas.

I am a Canadian citizen working in the US on TN visa which is due for renewal mid-April. My wife is a TD holder and we are currently going thru a divorce. She lives in Canada and is also a CC.

My new girlfriend whom I met last fall arrived to the US last summer on J-1 visa which expired in October while she applied for a B2 status before expiration. Her B2 visa application is still pending which will likely be rejected soon (need show an airline ticket, suff. funds in the bank... etc). After divorcing my wife I plan to legally marry her and she should be eligible for TD status as my spouse, or H4 in the future.

Questions:
If her B2 application is rejected and we are not married yet, what consequences will it have for TD status or even my TN? If the B2 is denied, she is no longer legal here, as far as I know...

Can she apply for CS as a TD within the US, I believe using the I-539 form? Or, alternatively, can I travel back to Canada with her passport and apply for my TN renewal at the border along with her passport to stamp a TD in it while she stays home(I mean here in the US)?

Of course, I am dreaded of the possibility that she may be removed/deported and would like to do my best to avoid it.

Any suggestions in general what would be the best course of action in our situation?

Thanks in advance. Really appreciate!
 
Questions:
If her B2 application is rejected and we are not married yet, what consequences will it have for TD status or even my TN?

-- She is not eligible for TD if she is not married to you. Your TN is not related to her B2 rejection/approval (it will not be affected).

Can she apply for CS as a TD within the US, I believe using the I-539 form?

-- TD without marriage is not possible.

Or, alternatively, can I travel back to Canada with her passport and apply for my TN renewal at the border along with her passport to stamp a TD in it while she stays home(I mean here in the US)?

-- See me response above..
 
Sorry, I should have added in my previous questions that she was going to seek TD status after we are legally married.

The main point is that her status of J-1 has expired and I could not do anything back then. Will the expired J-1(or denied B2) affect her TD application decision after we are married and she becomes eligible for it?

Thanks.
 
The main point is that her status of J-1 has expired and I could not do anything back then. Will the expired J-1(or denied B2) affect her TD application decision after we are married and she becomes eligible for it?

-- It depends on why (and if) her B2 is denied. If she is out of status and then you get married and then you file for her TD (assuming you are having a TN status at that time), there could be an issue (of her being out of status and for how long she is out of status)
 
From what I heard, after B2 visa is denied people get letters saying to leave the country within 30 days or something...

I think that it makes more sense to still try and get her B2 visa by booking a return ticket, putting the funds into the account to show to immigration. At least with the valid B2 she is legal in this country for a few months and can wait until we get married and apply for TD with me.
 
Last edited by a moderator:
You must log in or register to reply here.
Top