I am assuming she is landed?
If so, GO, repeat, GO with her to a border crossing point, and make sure u carry all documents validating your marriage, and her legal status in Canada. She should get her TD right there.
If you do not go with her, and she accompanies you to US later (i.e. after wrapping up your business in Canada), she will get a B1/B2 visa, which expires within 6 months, and you have to file I-539(?) to change her status to TD.
Always keep your notice of action forms sent to you, to track processing via phone or e-mail using the reciept number
Read his first post - she needs to get a consular visa - therefore, he CANNOT accompany her. It's the consulate they need to go, NOT the border crossing..
I read it, and I am responding from experience...
my wife did not go to the US consulate. She was not with me either when I went to get the TN. When we were moving to US (2 weeks later), she got B1/B2 @ the border, which we had to change within 6 months.
Was there a change in rules?
I am not a lawyer...dont listen to me
Again, the original post says that she wants to apply for a visa in the consulate (and NOT @ the border point). She is NOT cdn yet and That means she is not eligible to get the status at the border. And No, the rules have not changed. You DO NEED a visa from the consulate if you are not cdn or if you are not the citizen of visa waiver countries.
Again...my wife (who is not a canadian citizen yet), got B1/B2 @ the border and...she is not from a visa waiver country either...
I saw on some other web site that she might enter the US with her B1/B2 visa and request adjustment of status to TD visa while in US. Is it bad option? Can it complicate things?