Kber On

Hello,

I'm a Canadian citizen working in the USA on the TN visa. My fiancee
is in Russia, she is not a Canadian citizen. I understand that there
are visas for foreign wives and fiancees - K-1 and K-3 - but these are
for US citizens only.

My question is how can I bring her to US to live with me?
Can she hold the TD visa even though she's not Canadian?
If she can then how long does it take to get one?
Will I need to reapply for my TN, but this time apply for TN and TD?

Also, if she gets the TD and I successfully bring her here, what
happens to her if my TN is denied next time. Will she need to go back
to Russia or could she travel with me to Canada somehow?

Thanks

Victor

Noorah101

As far as I know, there is no way for her to come live with you in the USA, unless you yourself have some status in the USA...either as a permanent resident or a USC. If you are a permanent resident of USA, you still cannot file a fiance visa for her, you'd have to marry her and apply for her spouse immigrant visa, which as a PR will take about 5 or 6 years to process. In the meantime, if you become a USC, her petition will be upgraded and the wait becomes something like 1 year.

So unless you yourself have status in the USA as either a PR or a USC, there isn't much you can do to help her come here. She would have to find her own path here either on a student or work visa.

Rene

ian-mstm

She does not have to be a Canadian citizen to get a TD visa... but she *will* have to have some sort of status in Canada (read = not a visitor) before she can get a TD visa. You can *not* bring her directly to the US solely by virtue of your TN visa.

If, at some point, your TN visa is denied, she will need to return to Canada (since she *must* have some status there in order to get a TD visa in the first place). She will not have to return to Russia.

Ian

ian-mstm

I forgot to mention... she *must* be your spouse to get a TD visa... so, you'll have to marry her.

Ian

Ravi Rao

TN is a status, not a visa. Yes, non-canadians can hold TD as a derivative
of a canadian holding a TN. The dependents need only demonstrate to any
US consulate that they hold valid ties to a TN-holder, and that the TN-holder
infact holds a TN, and they get the TD.

As for Canada letting her in or not, the US has no control over it, and
doesn't care either. If she has a valid TRV, the canadians may let her
in, but it will probably be harder if you're already married. In any case,
if you are married, you should sponsor her for Permanent Residency in
Canada -- Canada does not require a PR holder (via spousal immigration)
to reside permanently in Canada to not lose their status. As long as she
accompanies you (the canadian citizen), she never loses status, but only
has to keep renewing her PR card every 5 years, when it expires.

If you're not married, your fiancee cannot get a TD through you. The US
doesn't care if you're not married.

In article <[email protected]. com>, [email protected] wrote:
> Hello,
>
> I'm a Canadian citizen working in the USA on the TN visa. My fiancee
> is in Russia, she is not a Canadian citizen. I understand that there
> are visas for foreign wives and fiancees - K-1 and K-3 - but these are
> for US citizens only.
>
> My question is how can I bring her to US to live with me?
> Can she hold the TD visa even though she's not Canadian?
> If she can then how long does it take to get one?
> Will I need to reapply for my TN, but this time apply for TN and TD?
>
> Also, if she gets the TD and I successfully bring her here, what
> happens to her if my TN is denied next time. Will she need to go back
> to Russia or could she travel with me to Canada somehow?
>
> Thanks
>
> Victor
>

BeenThereDoneThat

<[email protected]> wrote in message
news:[email protected] ups.com...
| Hello,
|
| I'm a Canadian citizen working in the USA on the TN visa. My fiancee
| is in Russia, she is not a Canadian citizen. I understand that there
| are visas for foreign wives and fiancees - K-1 and K-3 - but these are
| for US citizens only.
|
| My question is how can I bring her to US to live with me?
| Can she hold the TD visa even though she's not Canadian?
| If she can then how long does it take to get one?
| Will I need to reapply for my TN, but this time apply for TN and TD?
|
| Also, if she gets the TD and I successfully bring her here, what
| happens to her if my TN is denied next time. Will she need to go back
| to Russia or could she travel with me to Canada somehow?
|
| Thanks
|
| Victor
|

You would have to have a TN status as a Canadian before your wife can apply
for a TD visa. As a Canadian you don't need a visa but your wife does. So in
order for her to get a TD visa as a your dependent you need to have a TN
status first. You get your status after approval for entry by the
immigration officer at the POE and your wife would need to apply a TD visa
at the consulate using proof of her relationship to you and your approved TN
status. If you get denied, naturally your wife won't be able to get the
required docs to apply for TN visa.

This is not too different from a Canadian tourist who does not need a visa
to enter the US while his wife would need to have a B1/B2 visa on her
passport in order to travel with you to the US.

ian-mstm

This is a common misconception. For Canadian citizens, the formal visa process is waived... which is a bit different from not actually needing one, although the result is the same! Okay... that's just me being pedantic.

Ian

BeenThereDoneThat

"ian-mstm" <[email protected]> wrote in message
news:[email protected] m...
|
| > <[email protected]> wrote in message
| > news:[email protected] ups.com...
| > | Hello,
| > |
| > | I'm a Canadian citizen working in the USA on the TN visa. My fiancee
| > | is in Russia, she is not a Canadian citizen. I understand that there
| > | are visas for foreign wives and fiancees - K-1 and K-3 - but these
| > | are
| > | for US citizens only.
| > |
| > | My question is how can I bring her to US to live with me?
| > | Can she hold the TD visa even though she's not Canadian?
| > | If she can then how long does it take to get one?
| > | Will I need to reapply for my TN, but this time apply for TN and TD?
| > |
| > | Also, if she gets the TD and I successfully bring her here, what
| > | happens to her if my TN is denied next time. Will she need to go
| > | back
| > | to Russia or could she travel with me to Canada somehow?
| > |
| > | Thanks
| > |
| > | Victor
| > |
| >
| > You would have to have a TN status as a Canadian before your wife can
| > apply
| > for a TD visa. As a Canadian you don't need a visa but your wife does.
| > So in
| > order for her to get a TD visa as a your dependent you need to have a
| > TN
| > status first. You get your status after approval for entry by the
| > immigration officer at the POE and your wife would need to apply a TD
| > visa
| > at the consulate using proof of her relationship to you and your
| > approved TN
| > status. If you get denied, naturally your wife won't be able to get
| > the
| > required docs to apply for TN visa.
| >
| > This is not too different from a Canadian tourist who does not need a
| > visa
| > to enter the US while his wife would need to have a B1/B2 visa on her
| > passport in order to travel with you to the US.
|
| This is a common misconception. For Canadian citizens, the formal visa
| process is waived... which is a bit different from not actually
| needing one, although the result is the same! Okay... that's just
| me being pedantic.
|
| Ian
|
| --
|

For other than K, V and E status, a Canadian citizen is not required to have
a visa to enter the US as a nonimmigrant. Whatever reason the US government
gave Canadian citizens that privilege is not really important for most
people.
You're right, it could be just semantics but the result is the same whether
or not it's just a waiver or whatever.

Congress can still pass a law to change it if it deems necessary to do so.