What is the Verdict?

The husband is not out of status; he is in TN pending, which lasts for 240 days past expiry of previous TN. However, should he leave US and wish to return without I-129 approved, he will need to make a TN petition at the border. Once husband gets the TN at border (he must bring a copy of his pending I-129 notice to show he has mantined status), he/his sponsor should formally cancel the pending I-129, just in case it gets denied later.

On the I-539 submitted for TD, was it not mentioned that the TN was pending, referencing to the spouses pending I-129? That would have resulted in CIS waiting for I-129 approval before processing her I-539, which is the normal course of events for TN/TD renewal by mail.

In any event, it is unlikley that the consulate will deny the TD visa applictaion made by the spouse, so long as the husband first goes to border and gets new TN, then spouse takes this new TN to the consulate for visa.

-- Wed Sep 02, 2009 2:31 pm --

I'm also curious how the spouse was able to submit TWO requests for TD in the time that hubby's TN was being processed. Typically I-539s take months to be processed, much longer that I-129s. So, i would question the statement that spouse tried twice to renew with USCIS (which implies by mail)

I'm thinking that spouse went to the border twice for TD (which is with CBP), but since new TN wasn't ready, extension was denied (correctly). Properly filed I-539 sent with hubby's I-129 would have solved this.

CO-SIGN

what you mean?

lawislaw,

Hey it looks like this one you & co. do not know, only REBA knows! I know that this is something beyond a boarder officer's knowlwdge.
That's why some officer may try to act by thier whim - meaning that they still need to evolve to become a human with 2 horns!!!

Actually we do know this, but in your last post you were a complete ass to everyone who responded, especially Steven, that we prefer to not answer you anymore.

And you should learn how to spell before you try and insult me.

by haveBliss

what you mean?

When I say "CO-SIGN" I'm agreeing 100% with the other person's statement.
And Why do you choose to come on here and be ignorant? Aren't you the one that needs the advice?

[quote="haveBliss}Hey it looks like this one you & co. do not know, only REBA knows! I know that this is something beyond a boarder officer's knowlwdge.
That's why some officer may try to act by thier whim - meaning that they still need to evolve to become a human with 2 horns!!![/quote]

that was entirely uncalled for. Any more like that and I may have the admin suspend your account.