Wife's TD visa and I-94 expiring

N

netb2b

Registered Users (C)
Hi,
I am working on TN, expiring on 27 February 2010 and same expiry date for my wife's TD visa along with I-94. My wife is not a Candian citizen, so I have to book an appointment at US consulate in Toronto to get TD stamped. We can only get an appointment for March 23, 2010 and its almost 20 days after the current visa expiry.

I am planning to stamp my new TN this weekend. Is it possible I can request I-94 for my wife at the border the same time I will renew my TN, until her appointment date at US consulate in Toronto? The problem is that her visa is expiring the same date as I-94. Will they able to give her temporary I-94 until March 23rd if I request them? Reason is, I cannot leave her back to Canada as she cannot stay alone and nobody is there now to look after her.
 
netb2b said:
I am planning to stamp my new TN this weekend. Is it possible I can request I-94 for my wife at the border the same time I will renew my TN, until her appointment date at US consulate in Toronto? The problem is that her visa is expiring the same date as I-94. Will they able to give her temporary I-94 until March 23rd if I request them? Reason is, I cannot leave her back to Canada as she cannot stay alone and nobody is there now to look after her.
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Your best bet is for your wife to remain in the US. Once you get your new TN, file an I-539 for her to extend her status within the US.
 
Be sure to file the I-539 BEFORE her current I-94 expires. She needs to remain in status in order to extend her TD.

Your other choice is to BOTH file I-129/I-539 for your new TN/TD by mail.

I prefer the first option.
 
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Thanks. But her TD and visa expiring on 27 Feb and her appointment date at US consulate is on 23rd March 2010. She will be illegal after 27 Feb. Can she still stay for 3 weeks with an expired visa and I-94? Will there be any problems going back then?
 
Thanks Nelsona. How can I apply I-539? Do I need to mail it or I can apply at border. Can they able to extend I-94 regardless of her visa expiring.
 
netb2b said:
Thanks. But her TD and visa expiring on 27 Feb and her appointment date at US consulate is on 23rd March 2010. She will be illegal after 27 Feb. Can she still stay for 3 weeks with an expired visa and I-94? Will there be any problems going back then?
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Again, you file an I-539 for her to extend her status. And I agree with Nelson, the I-129 is also a good idea. No need to bother with the border.
 
I agree but the problem is, my TN and wife's TD is expiring on 27 Feb,2010. I don't have anough time. Also, I have heard it will take to at least 2 - 3 months to get TN and TD by mail. That's why I plan to go to border to renew my TN and doing the same for last 2 years.

Again, my wife TD visa along with valid US visa is expiring the same date (27 Feb,2010). My questions is, can I request officials at the border to extend I-94 until her consulate appointment's date? Can they do it with her US visa expiring?
 
Both you and your wife can go to the border together before your I-94s expire (Feb 27) and apply for TN and TD at the same time. As long as your wife's visa is valid on the day you guys apply for entry, she will be fine. If you get your TN, she'll also get a new TD I-94 with the same expiry date of your new TN. You guys can stay in US until your wife's visa appointment in Toronto. In fact, if your wife does not plan to travel overseas, she does not even need to get a new TD visa from the consulate. A valid I-94 is all she needs to remain in US or travel to Canada and Mexico for short durations. Hope this helps.
 
As long as your wife's visa is valid on the day you guys apply for entry, she will be fine.
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I would not count on that. If she had a newly approved I-94 (thru I-539) she could enter on it using AVR, but not necessarily with a nearly expired visa, and no approved I-94 (from CIS). She may be allowed entry, but it would be on the existing I-94 only, no new one would be issued, and the whole trip for her would have been a waste, and a risk.


netb2b doesn't seem to realize that simply FILING I-539 while her current I-94 is still valid, will automatically extend her legal TD status until she gets a chance to go for Visa. The I-94 will come in time, and will give her the opprotunity to get a consular appointment, or better yet, not even need consular visa. same applied for a TN in I-129.


As both TRC and I have stated, the best solution is for you to go get your TN by yourself, well before the 27th, come back and immediately file I-539 with proof of your new TN.This is fool-proof

Anything trip outside US for her is risky, and relies on the CBP allowing her in with a visa that is not fully charged, and may force her to stay outside US until she gets a consular visa.
 
Thanks Nelsona.

So you are saying I can get my TN stamped, possibly by Feb 20,2010 and then at least on Feb 22,2010, I can file I-539. I think I need to send her passport with her old I-94 along with my new TN/I-94 copy.

Do you know when they will send back new I-94. What will happen if they don't send I-94 by March 23,2010 (consulate appointment date) and they will issue visa and we need to get another I-94 when we cross border to US?

Thanks for your help.
 
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netb2b said:
Thanks. One more thing I need to clarify. My wife is not a Canadian citizen yet and she got Indian passport. Do the officials at border can make any objection on visa that she needs to renew it first (current visa expiring on same date as I-94) before they give her new or temporary I-94?
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You haven't read what we're saying, have you?
 
This is a lost case. Your wife is NOT going to get a new I-94 until she either gets consular of files for an I-94 by mail from within US.

Filing by mail is the only way she can leaglly stay in US from Feb 27th until she gets a consular stamp. Bettter yet, by filing by mail and waiting for I-94, she doesn't even have to worry about consular stamp.

If she was Cdn, we wouldn't even be having this discussion, as Cdns, like you, don't get consular visas.
 
Thanks Nelsona, I will file her I94 (form I539) within US as soon as I get my TN renewed.
 
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One more quick question. I know I can get this information from uscis website but you guys are extremely good and clear in providing information. Which documents I need to send with I539 and the address. Any other useful information I need before I file I539?

Thanks.
 
netb2b said:
One more quick question. I know I can get this information from uscis website but you guys are extremely good and clear in providing information. Which documents I need to send with I539 and the address.
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The I-539 filing instructions should tell you the documents you need; make sure as well you include a copy of your marriage certificate and your latest I-94.
 
I was reading I-539 filing instructions. Its states that "application must be submited with: Form I-129 filed for that employee that is on TN or a copy of filing reciept nothing that the petition is pending with USCIS". The other two are my I-94 and marrige certificate.

I am not sure about the first one. I will not file I-129, instead I will get my TN at border.
 
netb2b said:
I was reading I-539 filing instructions. Its states that "application must be submited with: Form I-129 filed for that employee that is on TN or a copy of filing reciept nothing that the petition is pending with USCIS". The other two are my I-94 and marrige certificate. I am not sure about the first one. I will not file I-129, instead I will get my TN at border.
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Just submit a copy of your I-94. That will be sufficient.
 
I went to Lewiston Bridge yesterdat around 10pm and they refused my TN. The objection was, I don't had the original offer letter from company. I took color print outs from the pdf my emplyer send to me and he said that would be sufficient.

They asked me to go to the Rainbow bridge now on Monday or tuesday after getting originals. They already took I-94 from all of us. I am afraid if they don't give me TN at rainbow bridge too, how can I return back to US. But I will be taking all originals now.

I am also concerned about my wife I-94 as they took her card too when we were crossing Canadian border. Her visa is expiring on 27th Feb and not sure if they will give I-94 for 5 days or if I can request them to extend her stay until visa appoitment date.
 
You were told not to take your wife with you! That was pretty stupid.

Of course you take originals of all documents, that is basic!

There is only so much advice we can give.... personally, I'm going to ignore any posts from you in the future.
 
netb2b said:
Hi,
I am working on TN, expiring on 27 February 2010 and same expiry date for my wife's TD visa along with I-94. My wife is not a Candian citizen, so I have to book an appointment at US consulate in Toronto to get TD stamped. We can only get an appointment for March 23, 2010 and its almost 20 days after the current visa expiry.

I am planning to stamp my new TN this weekend. Is it possible I can request I-94 for my wife at the border the same time I will renew my TN, until her appointment date at US consulate in Toronto? The problem is that her visa is expiring the same date as I-94. Will they able to give her temporary I-94 until March 23rd if I request them? Reason is, I cannot leave her back to Canada as she cannot stay alone and nobody is there now to look after her.[/QUOTE]

Is your wife not an adult? If so, she is perfectly capable of talking care of herself so your statement is absurd.
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