TN/TD visa holder for USA spouse and me canadian citizen.. need re-apply info

[Tovolia]

I hold a TN status visa for America and im a Canadian Citizen
My wife was denied PR but now has TD status visa for America.. both of us have a 3 year status in USA with unlimited renewals

I need information about re-applying for Canada (when we do) and also wanted to know if my wife is able to come in and out of Canada on a TD visa as I am a Canadian Citizen


apprecite any info thanks

 

[scylla]

The process of re-applying is no different than the process you used to apply the first time. So just follow the same process again. Make sure you include evidence in your new application to address all of the reasons why your first file was refused.

If your wife is visa exempt, then she should be able to visit Canada. If your wife is not visa exempt, then it's unlikely she will be approved for a visit visa to Canada (because CIC knows she wants to say long term). But you can always try. The US visa alone does not allow her to visit Canada.

 

[opmama]

both of us have a 3 year status in USA with unlimited renewals

You might already know this, but those "unlimited" renewals can get really sticky, particularly for certain job categories (management consultant is a big one). For any category, be sure to have proof of temporary intent, which might be a little bit complicated if your wife doesn't have status in Canada. So hopefully you can get it all taken care of in the first three years .

 

[medicinemaan]

Any updates ?

 

[screech339]

"The unlimited renewals" for TD / TN visas is a misnomer. Sure there are "no renewal caps" for these type of visas. But the problems lies when you have been employed a long time especially after 2-3 renewals. The US border agents will begin to question just how "temporary" this job really is. They may suspect that this job is not temporary but really "permanent" job.

I was in US for 5 years working on TN visa. After my 3rd TN visa renewal, the border agent started to question me on just how "temporary" this job was. But they gave me the visa because it was already approved in US immigration within US but had to leave and re-enter US to re-validate the new TN visa.

The agent there began to question my "immigration intentions". After that renewal, as the end of my TN visa came close to ending, I applied to a new job in Canada before visa expired. I didn't want to have any US immigration record of questioning my motives on my file in case I wanted to go back to US to visit or shop there.

Screech339

 

[ad rasheed]

hi all,

I am a Canadian citizen working on TN visa in US,my is on TD visa. she wants to go back to our home country,can she come back with TD visa as she does not have stamp on her passport she only have that permission letter of TD visa. can she apply for visa stamp here in US consulate? or she has to apply from her home country.

 

[screech339]

hi all,

I am a Canadian citizen working on TN visa in US,my is on TD visa. she wants to go back to our home country,can she come back with TD visa as she does not have stamp on her passport she only have that permission letter of TD visa. can she apply for visa stamp here in US consulate? or she has to apply from her home country.

Her TD visa is valid for as long as your TN visa is good for. So she can leave to go home and re-enter US with the same TD visa.

Screech339

 

[ad rasheed]

but she does not have a visa stamp on her passport. she just have a paper and a i-94 no. we need visa stamp to enter US. can she apply here for visa stamp while living in US or she have to home country and apply from there?

 

[screech339]

but she does not have a visa stamp on her passport. she just have a paper and a i-94 no. we need visa stamp to enter US. can she apply here for visa stamp while living in US or she have to home country and apply from there?

Doesn't work that way. She has a TD US visa in her passport. Much like a B1/B2 US visa. When she leaves US to visit her home country, the airlines will take her I-94 card away. When she comes back to US, she will be given an I-94 Card to fill out on the plane before landing. Once she go through US customs, she is to present the new I-94 card that she filled out and her passport with her TD visa in it. US customs will allow her to re-enter US. No applying for visa stamps. The US border will stamp another TD stamp on her passport and staple the I-94 card back into her passport.

My wife went through this when she left US to visit her home country.

 

[ad rasheed]

thanks man, but the TD visa is not on her passport when we apply for TD visa they did not ask for passport they just send her a paper of TD visa after 2.5 months. so can use that paper? i heard from that she have apply for visa but not sure thats why i asked here if anyone has gone through this situation.

 

[screech339]

thanks man, but the TD visa is not on her passport when we apply for TD visa they did not ask for passport they just send her a paper of TD visa after 2.5 months. so can use that paper? i heard from that she have apply for visa but not sure thats why i asked here if anyone has gone through this situation.

Not sure how your wife managed to get a TD status without a TD US visa in passport.

Procedure for TD Visa Status:

The application process for TD visa status differs depending on the spouse's and child's citizenship. Canadian citizen spouses and children may obtain TD visa status directly at a U.S. port-of-entry. See TD visa process - Canadian citizens.

All non-Canadian citizen spouses and children, including citizens of Mexico, must first obtain a TD visa stamp at a U.S. consulate or embassy and then enter the U.S. at a port-of-entry. See TD visa process - Mexican Citizens & Others.

If already present within the U.S. under a different non-immigrant category (e.g. F-2, H-4), the spouse and/or children of a TN visa worker may also "change status" to TD visa status by filing an I-539 application. This change to TD visa status may be achieved regardless of citizenship. However, non-Canadian citizens may need to subsequently obtain a TD visa stamp at a U.S. consulate or embassy in order to depart and re-enter the U.S.

Screech339

 

[ad rasheed]

my wife was on B2 visitor visa and then she applied for change of status while living in US with me.so thats why she does not have stamp on her passport. where she can go for visa stamp. my wife is a Pakistani citizen.

 

[andy_7830]

I was in US for 5 years working on TN visa. After my 3rd TN visa renewal, the border agent started to question me on just how "temporary" this job was. But they gave me the visa because it was already approved in US immigration within US but had to leave and re-enter US to re-validate the new TN visa.

The agent there began to question my "immigration intentions". After that renewal, as the end of my TN visa came close to ending, I applied to a new job in Canada before visa expired. I didn't want to have any US immigration record of questioning my motives on my file in case I wanted to go back to US to visit or shop there.

Screech339

Why didnt apply as PR on US? I am planning to work as TN visa as Physical Therapist soon but I will apply for green card after a year.

Andy

 

[screech339]

Andy.

You cannot apply for US green card while you are on TN visa. You must be on H1-B visa first before you can apply for green card.

Screech339

 

[screech339]

thanks man, but the TD visa is not on her passport when we apply for TD visa they did not ask for passport they just send her a paper of TD visa after 2.5 months. so can use that paper? i heard from that she have apply for visa but not sure thats why i asked here if anyone has gone through this situation.

If that is the case, when your wife goes back to home country, she will have to apply for TD visa at US embassy before she can re-enter US. Don't think the TD paper alone can let her come back to US as TD visa. She is required to get an TD visa before re-entering.

I suggest that you make an appointment at US embassy in her home country at a time that she will be there.

I had to do this for my wife. I had to book an appointment at US embassy in ottawa 6 weeks in advanced and schedule so that it occurs after our wedding. My wife has a TRV in Canada. Once we got married in Ottawa, she was able to use her confirmation of marriage slip as proof of marriage and she was able to get US TD visa. We choose Ottawa embassy because she would be able to pick up her passport at the embassy after a couple of days instead of relying on mail delivery.

Screech339