TN and TD visas

J

JackHummer

Registered Users (C)
My situation:
I am Canadian and got my latest TN status in April (just the I-94 from the border). My wife is not Canadian, and she is here in the US on an F-1 visa, which is coming to an end... so we'll have to go back to get her a TD visa. As I understand it, since my wife is not Canadian, I need the actual TN visa (from a US consulate) for her to apply for the TD visa at the US consulate.

Questions:
1) Just confirm that I need the actual TN visa (not just the I-94)...

2) When I go in for my TN visa, do I need new documents from my employer as if I am applying new, or do I take the older documents that I used in April (will I be getting a new 1 year replacement visa, or will the visa have the timeframe of the one I received in April)?

3) Are we able to have our visa appointments together, or do I need to go in first, wait for my visa, then have her appointment sometime after that?

4) The Toronto US consulate wait times are shown as below... do the TN and TD visas both fall into the "All Other Nonimmigrant Visas" category, or is the TD going to be in the "Visitor Visas" category?
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Visitors Visas: 41 Days
Student/Exchange Visitors Visas *** (Excludes: A, G, K, and V): 2 Days
All Other Nonimmigrant Visas: 3 Days
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Thanks in advance!
 
She indeed needs a visa. However you do not need a TN visa to get her TD. In fact, you will not even be granted an appointment, since you are Cdn. Your I-94 is sufficient evidence for her to get TD. you were given some poor info.

Be aware however, that she can get TD status simply by filing an I-539 (sending in a copies of her current I-94, your I-94 and your marriage certificate). She needs to do this before her current status expires. She only needs to get TD visa next time she tries to enter the US, so just plan for this when its suits her.

For the visa, You needn't even be with her. She will need an appointment, a copy of your current I-94, and your marriage certificate.
 
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1) So as long as she applies before her old F-1 visa expires she can stick around in the US until she gets an answer? Is there a time period by which if she doesn't hear an answer she would have to leave?

2) If she doesn't get an answer in say 3 months (after the F-1 is expired), can she travel to Canada while in "limbo" to get the TD visa? Will Canada be hesitant to let he in to visit the consulate (in case she is denied). Btw, she does have a Canada visitor visa.
 
Once the I-539 is timelt filed, she remains in pending status until she either the case is decided or she leaves US, which ever is first.

She can certainly go anytime to get TD visa, since you have TN. She has a Cdn visitor visa, so her US status is immaterial to Cdn govt. US consulate should not have a problem seeing her in Canada, rather than her native country.
 
Thanks for all the info so far...

A couple more questions.
1) When you say she needs to take a copy of my I-94, do you just mean a regular photocopy (not some copy issued by government)?
2) What else is needed? I recall seeing a list on a webpage (it wasn't a government webpage). Their list had all the normal things like passport photos, copy of I-94, etc..., but I haven't been able to find it or any other list since...
3) Does anyone know what category the TD visa falls into ("Visitor Visas" or "All Other Nonimmigrant Visas").

Thanks!
 
No worries on my last set of questions, I've found all the answers...

A side note... the visa interview scheduling system for the US Consulates is kind of rediculous. The different locations only schedule so far in advance (ie. 6 weeks for Toronto), but they don't let you get added to a queue if none are available. So the new dates are added randomly, and if you don't happen to log on before they are taken, tough luck. So if you aren't available to check online continually, you may not even be able to schedule an interview for a long long time. They should allow you to get "put" in a slot, and have a week to confirm whether you can use it... if you don't confirm, then free it up for others... anything would be better and more fair than what they have.
 
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