How to Apply for TD while in U.S. ?

Hello Everyone,

I'm trying to figure this out asap as I need to book a flight right away.

I'm in a bit of a bind as per my post August 4/ 08 (husband and I flew back from Calgary and border official told us we had new TN/ TD for the upcoming year but when I got on the plane I noticed he actually didn't change the expiration date of last year's visas). I tried the deferred inspections office and they were no help.

Now, apparently, my employer can fill out forms and send them to Nebraska, but this will cost $300 for each of us (!) and the decision about the renewal can take a few months. Thus, I am considering flying up on the weekend to attempt to get the TN for myself again, this time properly. My husband would stay here in the U.S. as its cheaper etc.

What process would we have to follow to get his new TD/ TD renewal if I'm the only one that flies in? Is it the same, expensive, mail-in process or is there a simpler, cheaper way? Is there any chance that he would be denied his TD even if my TN is renewed?

Is it 'more risky' to fly through the POE and request a TN extension (which went horribly last time, for me, apparently) or to do the mail-in process?

Thanks so much for any advice!

I'm also interested in an answer to this question, even though it is several months old. My husband obtained a new TN at a land crossing, but left myself and our children behind in case he was denied reentry (his TN for the previous job only had a few days remaining on it) so I could pack up our things.

The problem is that we haven't been back to Canada, so even though my husband has a valid TN, our daughter and I haven't got new I-94's to go along with it. His TN is coming up soon, so we're trying to figure out if this is going to be a problem.

The quickest way is to make an appointment down at San Diego and present your marriage and birth certificates, I would have thought.

If you're worried about not having someone at home, you can present a photocopy of his passport and approved I-94 to get TD.

I always think this mail-in option sounds iffy to me, because (a) it takes longer, (b) you're not there to answer any questions and (c) it's so expensive that you don't save any money over going to a POE.

I suppose the argument would be going to a Mexican crossing might be unwise, but TD for Canadians is about as simple as approvals get, all you need is proof of your spouse's TN-1 status and proof of your relationship, and proof you're Canadian citizens.

The most annoying part of it would be sitting in line at the POE while people try and sell you crap, but you might be able to get around that if you can make an appointment to see the FTO.

Thanks for the feedback Steve.

Part of the issue is this. We didn't get new TD when he got his new TN. We did, however get renewals by mail for the TN/TD with his previous employer, but since he doesn't work for them any longer, I'm assuming that makes those TD's invalid and makes myself and our daughter out of status.

Given that we're probably considered out of status, I'm worried that we'll have problems. I've read something on the USCIS website that so long as the working family member has status, they won't split up the family, but I've read otherwise from people's personal experiences that have been posted on forums.

One other thing. Flying to a POE would be very expensive, since it would mean paying for four full-fare tickets. If we got low-fare tickets and my daughter and I were refused re-entry, we wouldn't be able to get that money back.

Which I'd guess would make it even more sensible to drive down to San Diego to do it - you're outside the US when you apply, so there can't be any argument over you being in the country illegally (whereas if you mail it in there could be) and it's a couple of tanks of gas. I suppose if you're really worried it might be worth checking out how much flights cost from Tijuana, in case you get stuck.

There have been people on here who've gotten a bit of a run-around applying for TN-1 on the Mexican border, but TD is really straightforward, all you need to do is prove the relationship, pretty much.

If you want to fly it, you don't all have to go, he doesn't need to be present at all. You need a copy of his approved I-129, passport and I-94 and proof of your relationship to him.

If they're going to give you hassle over being out-of-status, that will happen regardless of how you go about doing it, so it's not worth worrying about. They're going to know when you left however you do it because you have to surrender your I-94s when you go. (But the expired cards won't have reached the service centre before you re-apply).

I'm really confused. I read elsewhere that since technically my husband applied for our TD status and he's never been out of status, our daughter and I are not actually out of status. The only issue is that our TDs don't expire at the same time as his TN, so we should be able to renew by mail.

But you were in the country when he entered and applied, so they have no record of you leaving and your I-94 has now expired, correct? That's your problem, because now it appears you are out-of-status.

I suppose it boils down to whether he mentioned it when he entered, because there is no visa and there's nothing to physically apply for, the I-94 is it, pretty much. Even when you enter at a POE in TN-1/TD status the I-94 is actually optional, i.e. you only need to get one if you think you might have to re-enter in that status during the validity.

What I would say given that I'm not entirely clear what your situation is, is this - if you go through a POE and surrender your expired I-94 and then re-enter shortly afterward, it's not going to be in their system yet so they won't be aware of it. So basically it's very unlikely to come up so you're worrying about nothing really.

I read somewhere it takes months for I-94s to be transcribed into the USCIS system although I'm sure they're spending billions on some boondoggle to speed it up. (Oh yeah, ESTA, which doesn't apply to TN-1 entries.)

There's a guy who posted on here under the name of TNVisaExpert, might be worth sending him a PM.