TN visa holder's spouse not a canadian citizen

E

edmonta

Member
Hi,

I am going to apply for my TN visa soon.

My question is I am a Canadian citizen and going to apply for my TN visa but my wife has still not received here Canadian citizenship.(waiting for oath-delayed due to Covid.).
She is a permanent Resident of Canada from 6 years and basically an Indian citizen. In this case, Can I get TD visa for my wife?

I am not sure what is the requirement for TD visa-if Canadian citizenship is required or not?

Experts, please clarify if someone is aware or have experienced such situation,

Thanks,
 
edmonta said:
Hi,

I am going to apply for my TN visa soon.

My question is I am a Canadian citizen and going to apply for my TN visa but my wife has still not received here Canadian citizenship.(waiting for oath-delayed due to Covid.).
She is a permanent Resident of Canada from 6 years and basically an Indian citizen. In this case, Can I get TD visa for my wife?

I am not sure what is the requirement for TD visa-if Canadian citizenship is required or not?

Experts, please clarify if someone is aware or have experienced such situation,

Thanks,
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First you get your TN, based on your TN, she can apply for a TD visa at US consulates. Once she gets her TD visa stamp on her passport, she can travel to any US border post along with you and get her TD I94, her TD and I94 will be based on your TN and valid till your TN expiration date
 
CDN9 said:
First you get your TN, based on your TN, she can apply for a TD visa at US consulates. Once she gets her TD visa stamp on her passport, she can travel to any US border post along with you and get her TD I94, her TD and I94 will be based on your TN and valid till your TN expiration date
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Thanks.
Does that mean she won't get TD along with me when I will appear for my TN at POE together?
 
You need to get your TN first. You can make the appointment for her TD visa, and then get the TN. But she will not get TD the day you get TN.
 
For Canadian citizens with non-Canadian spouses, one theoretical possibility mentioned in the Foreign Affairs Manual is to apply for a TN visa (normally not needed by Canadians) so that the spouse can receive a TD visa at the same time and you can travel to the US at the same time. But I am not sure if consulates are even entertaining such requests right now, considering their reduced capacity during the pandemic.

The other option as others have already mentioned is for you to enter the US first, after which your spouse can receive a TD visa.
 
US consulates in Canada will not do this. This would only apply to, a CDn living in, say, Indonesia, and not wishing to need to fly all the way to US to ensure TN and then return to get non-CDn spouse. Consulates near US won't even entertain TN visa applications by Cdns, at any time.
 
nelsona said:
US consulates in Canada will not do this. This would only apply to, a CDn living in, say, Indonesia, and not wishing to need to fly all the way to US to ensure TN and then return to get non-CDn spouse. Consulates near US won't even entertain TN visa applications by Cdns, at any time.
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don't want to drag a topic too long but another thing is my wife already visited US in 2016-2017 on B1/B2 visa and her B1/B2 is valid till 2026.I am not sure that will help.
 
It does not if she is moving to to live in US. But if she still has a home in canada, and can sufficiently prove to the offcer that she going to remain a Canadian resident when you go to apply for TN, she *might* be granted entry on B2. But, in the medium- and long-term, she needs a TD consular visa.
 
nelsona said:
It does not if she is moving to to live in US. But if she still has a home in canada, and can sufficiently prove to the offcer that she going to remain a Canadian resident when you go to apply for TN, she *might* be granted entry on B2. But, in the medium- and long-term, she needs a TD consular visa.
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Thanks Nelsona,
Your advise is as useful as always!!
 
Now she can live without TN, only with certificate B2. But in long-term, she needs a TD consular visa.
And of course first of all you need to get your TN. You can make the appointment for her TD visa, and then get the TN.
 
Hi, I got my TN now on Calgary airport - Nov 30.
For my wife now who is PR of Canada but not Canadian citizen, what can be done? I was applying in US consulate with D-160 form but I am getting an appointment on May 21 which seems unrealistic. If this is the case then Can I go to any road POE like Montana and get her TD?I am not sure POES are issuing TD to no Canadian citizen.
thanks,
 
edmonta said:
Hi, I got my TN now on Calgary airport - Nov 30.
For my wife now who is PR of Canada but not Canadian citizen, what can be done? I was applying in US consulate with D-160 form but I am getting an appointment on May 21 which seems unrealistic. If this is the case then Can I go to any road POE like Montana and get her TD?I am not sure POES are issuing TD to no Canadian citizen.
thanks,
Click to expand...
No. She needs to get a TD visa at a US consulate before she can seek entry to the US. Only Canadian citizens are exempt from US visas. She is not a Canadian citizen, so like any other foreigner she needs a US visa to seek entry to the US (except for visitors on the Visa Waiver Program which is not relevant here because she is not seeking visitor status). This is true no matter if she will enter by land or air.
 
newacct said:
No. She needs to get a TD visa at a US consulate before she can seek entry to the US. Only Canadian citizens are exempt from US visas. She is not a Canadian citizen, so like any other foreigner she needs a US visa to seek entry to the US (except for visitors on the Visa Waiver Program which is not relevant here because she is not seeking visitor status). This is true no matter if she will enter by land or air.
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She has got her B1/B2 which is still valid till 2026.I know for sure that in long term, she needs to get TD visa but since she is not a Canadian citizen and available appointment at US consulate is not sooner than May 2021,do you think that US CBP will allow my wife to travel on B1/B2 for a couple months or let's say 4-5 months in US?
 
edmonta said:
She has got her B1/B2 which is still valid till 2026.I know for sure that in long term, she needs to get TD visa but since she is not a Canadian citizen and available appointment at US consulate is not sooner than May 2021,do you think that US CBP will allow my wife to travel on B1/B2 for a couple months or let's say 4-5 months in US?
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Yes, she can try to enter on her B1/B2 visa if she is planning to stay for less than 6 months (and then she can leave to go to her visa appointment in Canada). And remember that she currently has to enter the US by air, as the land borders are still restricted to essential travel.
 
newacct said:
Yes, she can try to enter on her B1/B2 visa if she is planning to stay for less than 6 months (and then she can leave to go to her visa appointment in Canada). And remember that she currently has to enter the US by air, as the land borders are still restricted to essential travel.
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Thanks Newacct for valuable input.
 
It is likely that accompanying a TN would be considered essential, under family unification.
 
nelsona said:
It is likely that accompanying a TN would be considered essential, under family unification.
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Thanks Nelsona.

How about asking @ Calgary airport preclearance and ask them if non Canadian residents will get TD or along with TN flyers.

I have a son also who is a Canadian born citizen. So in this case, I would fly with a Canadian and a non Canadian. As I am going to book 3 tickets, I would like to have the confidence that it would be done.;):)
 
A non-Canadian citizen is required to have an applicable visa stamp on their passport which doesn’t get issued at pre-clearance or the border regardless of how many Canadian family members they’re traveling with. No exception re your wife being admitted on a TN status if she doesn’t have the applicable visa stamp on her passport prior to presenting herself at pre-clearance or the border. No exceptions.
 
Sm1smom said:
A non-Canadian citizen is required to have an applicable visa stamp on their passport which doesn’t get issued at pre-clearance or the border regardless of how many Canadian family members they’re traveling with. No exception re your wife being admitted on a TN status if she doesn’t have the applicable visa stamp on her passport prior to presenting herself at pre-clearance or the border. No exceptions.
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She has got B1/B2 visa stamped on her passport valid up to 2026 which is why I was telling previously that she might enter on B1/B2 and later when TD appointment is available then she can get TD at consulate either in Canada or US.
 
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