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patel_goondo

TN - TD visa

By patel_goondo in Canada

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patel_goondo Rookie

patel_goondo   0

Posted
Filed: Other Country: India
 Timeline
Posted

Hi I am a Canadian Citizen working in US and I hold TN (Trade Nafta Visa). I was wondering how my wife can obtain TD (derivative dependent visa)? She is neither Canadian citizen or landed immigrant of Canada yet. She is in India and I have sponsored her as a spouse from Canada which will take 4-6 months to process. So I was wondering if she can obtain TD visa from Mumbai consulate. I heard Mumbai consulate do not know anything about TN visa and have refused many TD visas there. There is no information on their website either about TN/TD visa. My wife can obviously apply for TD visa once she comes to Canada. But it would be great if she could obtain visa from India so that she does not have to wait to come to Canada. Is it possible she can do this?

thermophile Community Regular

thermophile   0

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

sorry I think that question is way out of the perview of this forum. have you tried bitishexpats.com? they probably would have a better idea about this type of situation

met summer 1999, summer 2000 hooked up-whoo hoo summer fling

summer fling failed to fizzle, married 2003

I-130 mailed 12/15/03

4/1/04 no word from NE contacted senators office, app found

NOA1 4/13/04

Gave up on ridiculously long US process-started Canadian

12/4/04 submitted app

LSS app returned because of missed signatures, lost in transit, resubmitted in June

9/28/05 landed, yippie

10/4/05 fly back to US to "finish up Master's" lose mind and switch to PhD

Damn it back to the US process

3/something/2005 finally get NOA2, no idea why it took so long

4/15/07 get case approval from NVC

8/9/07 Montreal here we come

10/14/07 hubby activated his visa

warlord Proficient

warlord   73

Posted
Filed: Citizen (pnd) Country: Canada
 Timeline
Posted

Yeah it is out of the "Marrying a US" type thing. I think he found this because the TN status (remember it is not a visa) is strictly between Canada or Mexico and the US. So the British would have no knowledge on that.

Basically you would need your wife to be in Canada and then apply with the forms from www.uscis.gov I believe to bring her over on a TD. She will not be able to do so from India I strongly doubt, she would have to be in Canada I believe...

I'm just a wanderer in the desert winds...

Timeline

1997

Oct - Job offer in US

Nov - Received my TN-1 to be authorized to work in the US

Nov - Moved to US

1998-2001

Recieved 2nd, 3rd, 4th, 5th TN

2002

May - Met future wife at arts fest

Nov - Recieved 6th TN

2003

Nov - Recieved 7th TN

Jul - Our Wedding

Aug - Filed for AOS

Sep - Recieved EAD

Sep - Recieved Advanced Parole

2004

Jan - Interview, accepted for Green Card

Feb - Green Card Arrived in mail

2005

Oct - I-751 sent off

2006

Jan - 10 year Green Card accepted

Mar - 10 year Green Card arrived

Oct - Filed N-400 for Naturalization

Nov - Biometrics done

Nov - Just recieved Naturalization Interview date for Jan.

2007

Jan - Naturalization Interview Completed

Feb - Oath Letter recieved

Feb - Oath Ceremony

Feb 21 - Finally a US CITIZEN (yay)

THE END

Saddle Bronc Grand Master

Saddle Bronc   124

Posted
Filed: Citizen (apr) Timeline
Posted
Correct.. A TD visa is only available if your spouse has status in Canada or Mexico. It is not available in India.
Actually, the TD visa can be issued if the "sponsoring" spouse is:
  • a Canadian on TN-1 in the US
  • a Mexican on TN-2, in US

For the TD spouse, the visa can be issued in another country (such as India, UK, Belarus...); however, the short term of the TN-1 is highly likely to be used by US CO's for rejection of the petition.

In theory, it should be "straightforward" like H4 for H1-b's spouse; in practice, it would need a NAFTA-knowledgible CO--and I've actually seen INS personnel (in 1999) who weren't knowledgible.

So (as I also replied on the India forum), I would recommend to patel_goondo that he ask his employer to convert his TN-1 to H1-b (basically, this requires an I-129 and LCA). Then he can apply for H4 for his wife--a lot fewer headaches.

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

---------------------------------------------------------------------

As long as the LORD's beside me, I don't care if this road ever ends.

thermophile Community Regular

thermophile   0

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

humm don't want to rock your world too much but you don't actually have to be british it use britishexpats.com. There are a lot on non-brits and a lot of TN and Hb1 types there

met summer 1999, summer 2000 hooked up-whoo hoo summer fling

summer fling failed to fizzle, married 2003

I-130 mailed 12/15/03

4/1/04 no word from NE contacted senators office, app found

NOA1 4/13/04

Gave up on ridiculously long US process-started Canadian

12/4/04 submitted app

LSS app returned because of missed signatures, lost in transit, resubmitted in June

9/28/05 landed, yippie

10/4/05 fly back to US to "finish up Master's" lose mind and switch to PhD

Damn it back to the US process

3/something/2005 finally get NOA2, no idea why it took so long

4/15/07 get case approval from NVC

8/9/07 Montreal here we come

10/14/07 hubby activated his visa

Saddle Bronc Grand Master

Saddle Bronc   124

Posted
Filed: Citizen (apr) Timeline
Posted
humm don't want to rock your world too much but you don't actually have to be british it use britishexpats.com. There are a lot on non-brits and a lot of TN and Hb1 types there
Methinks your earlier post was simply ignored, though you made a good point; it "just happened" that there was someone on here (myself obviously, having actually been on a TN-1--albeit never married while on it) who is familiar with the situation.

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

---------------------------------------------------------------------

As long as the LORD's beside me, I don't care if this road ever ends.

 
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