TD Visa Renewal (I-539)

[sonicmoj80]

I'm a non-Canadian citizen from Romania on a TD visa living with my husband (Canadian citizen) on a TN visa in the US. Both my TD and his TN expire on May 13, 2013. After reading many posts, I think the surest way to remain in the US is have my husband go to a POE and apply for a new TN and then submit a I-539 form to extend my stay in the US. I know that I will be legal to stay in the US with a renewed I-94 through the process of applying for a I-539. My question is if my I-539 is approved and I plan to visit my in-laws in Canada for a few days can I reenter the US with an approved I-539/I-94 card or do I have to go to the US Consulate in Toronto to get a TD visa to reenter even though I had an approved I-539. I have heard conflicting stories about the leaving the US once you're I-539 is approved. Some have said that as long as you to go an neighboring entity (Canada) you can come back into US with a I-539 and I-94 if the trip is under 30 days without a TD visa stamp. Thanks!

 

[nelsona]

Under the process called AVR, if you have an existing expired consular visa stamp AND an approved I-539 with I-94 AND you visit North america only, for less than 30 days, you can re-enter US with the I-94 and the old consular visa.

Now, the one thing you need to be careful is that the I-539 must be approved, and these days I-539s are taking a 3-5 months. so, you may have plans to go to Canada that might be delayed if your I-539 is slow in approval, or you may simply decide to get a consualr appointment anyways.

But, as long as you apply for I-539 before may 13, and after your spouse has renewed his TN at the border, you are legal within the US, as you said.

 

[sonicmoj80]

Under the process called AVR, if you have an existing expired consular visa stamp AND an approved I-539 with I-94 AND you visit North america only, for less than 30 days, you can re-enter US with the I-94 and the old consular visa.

Now, the one thing you need to be careful is that the I-539 must be approved, and these days I-539s are taking a 3-5 months. so, you may have plans to go to Canada that might be delayed if your I-539 is slow in approval, or you may simply decide to get a consualr appointment anyways.

But, as long as you apply for I-539 before may 13, and after your spouse has renewed his TN at the border, you are legal within the US, as you said.

Thank you Nelsona! Much appreciated!