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TN and TD Visa question

mojoyugo

Member
Feb 1, 2013
11
0
Hello,

I am a Canadian citizen living in the US on a TN visa. Recently I married my wife who is from Serbia and is living with me on a TD visa. My TN and her TD expires May 2013. What is the best way for her to apply for a new TD visa without having to leave North America?

I had the following options in mind:

1. Both of us will head to Canada. She currently has a single entry visitor visa that expires on the same date as our TN/TD. We will enter Canada about 2 weeks before our TN/TD expire. She of course will stay with my parents while I enter the US at the Detroit Ambassador bridge POE. I will apply for a new 3 year TN. The TN officer has always said that she will not renew/issue new TNs if it is greater than 2 weeks away of its expiry date. Once l have a new 3 year TN, we then travel to the US Consulate office in Toronto and attempt to get her TD visa. Both us of reenter the US with our new visas.

2. Option #1 may not work because I've read from others on various forums that US consulate offices usually deny a spouse of a TN if they are applying for a visa not from their home country. Has anyone heard of this? If she is denied in Toronto, can my wife re-enter the US with her TD visa which will not expire until the end of May (still have 1.5 weeks until expiry) while I have a new TN? I'm thinking there may be a problem because our visas are not in sync any longer. If she is denied, I assume she will have to fly out of Canada right away since her visitor visa and TD visa expire the same date at the end of May. In this case, our next option would be to fly back to Serbia and apply at the US Embassy in Belgrade.

If she is denied at the US Consulate and Serbia (I don't see why since I have a valid TN), would there be any other options of bringing back to the US on a TD? My plan if this were to happen would be to quit my job in the US and move back to Canada and apply for her permanent resident card through family class sponsorship.

Thanks a lot in advance.