TN/TD to F1/F2 Questions - Thank you !!

QA101

QA101

New Member
I have a TN and my wife (non Canadian - so had to get visa stamp) currently has a TD visa (both expiring mid year 2022). I'm going to school later this year (Fall 2021) and will switch my TN to an F1.

Questions:
  1. Is it possible for me to go to the border and get the F1, and then have my wife file for change of status within the US? I'm hoping to avoid having my wife stay in Canada for a month (she has Canadian PR) to wait for a new stamp (we are fine for not travelling outside the US during my school period).
  2. Related to point 1 above, my main concern is that my TN will become invalid the moment I switch to F1 but I can't have my wife file for change of status until I have an actual F1? So if my wife files for change of status to F2 the same day I get the F1, would that be okay (i.e. not considered overstaying the visa)?
  3. I understand if I finish my employment and have enough time left on my TN, I have 60 days to remain in the US so both my TN and my wife's TD would be valid until I switch to F1?

Thanks a lot!
 
1. Yes, she can submit an I-539 as soon as you get F1.
2. File as soon as you get the F1. Have the docs ready and send within a day or two.
3. Correct.
 
nelsona said:
1. Yes, she can submit an I-539 as soon as you get F1.
2. File as soon as you get the F1. Have the docs ready and send within a day or two.
3. Correct.
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Thank you! For 2, would it be considered an overstay if it's not filed on the same day?
 
I would not worry if it a day or two. Why would you need to delay?

In any event, it would not be overstay, as her I-94 is not expired.
 
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