TD Crossing border alone after renewal by mail

[kelapstick]

Has anyone had any issues with someone on a TD returning to the US for the first time following renewal by mail? Travelling without the TN holder.

We renewed by mail and have not crossed and returned yet, so the I-94 has not been approved by a border guard yet (just the processing office). My wife wants to go home for a couple of weeks with our son, and I would stay behind, she is a little leery about coming back across the border without me. (She has gone back and forth without me before, but not for the first time following renewal by mail.)

[agnelson]

This will not be a problem. She should have her old I-94 and the new one (preferably the whole I-797) with her. The POE will then either keep the old one and leave her the current one, or take both and issue her a new one right there.

If the TN/TD renewals were recent that should be enough. If the renewal was a few months ago (or if she wants to be more safe), a copy of your I-94 (again, preferably the whole I-797) and your latest paystub will likely satisfy the POE that the underlying TN is still legit.

[Steven]

I-797 isn't relevant in this situation, it's a derivative category.

As long as your TN-1 is valid it shouldn't be a problem, have her take a photocopy of your I-94 with you and proof of your relationship if you want to be certain. That would be enough to actually get TD at a POE so it's highly unlikely they will not let her in.

[agnelson]

I-797 not relevant? How else was her TD approved?

As i said the I-797 itself is not mandatory, but it does contain her I-94 and has the added information about who she is derivative of. The need for her to take her I-539 issued I-94 is to show that she remained in status after her old TD expired.

Without the 'paper' I-94 she has no proof of having remained in status, since she does live in US. The old cardbaord one, along with the paper one shows continuity.

As I said, many officers won't even bother to re-issue a new I-94 given those circumstances.

[kelapstick]

Thanks, I didn't think there would be an issue, but just making sure. Not sure why the replies didn't pop up in my email though...