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canuck70

Spouse of TN holder

By canuck70 in Work Visas

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canuck70 Rookie

canuck70   4

Posted
Timeline
Posted

hi,

 

i wanted to know if anyone had info regarding spouses of a tn holder.  my canadian husband has a tn visa to work in the US.  i'm also canadian  & would like to join him in the US but i had an overstay in the US.  i contacted US CBP about this & they indicated that we'd have to show our traveling documents, TN visa on husband's I-94 form, and a marriage certificate.  due to the overstay, we'd have to go into secondary.  has anyone had experience with this?  will we be interviewed like a green card marriage interview?  

 

secondary question: what is the time period penalty for an overstay of less than 6 months?  i was told that the 3 year ban applies to those who overstayed from 180 days to 1 year.  

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

An overstay of 180+ days is 3 years. An overstay of 1 year or longer is 10 years. There is no bar for an overstay under 180 days. It does stay on your record and make future visits more difficult, but is not a bar.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

WeGuyGal Proficient

WeGuyGal   1,052

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted

From your previous thread, you're not a typical TD applicant, and there couldn't be many TN spouses with a revoked tourist visa due to the length of previous visits on a B2. Best to follow CBP's advice in this circumstance. 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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