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  • TD visa or I-94

    Hi,

    I am a Canadian citizen and working in US on TN1 Visa which is valid till DEC 2017. My wife is a Indian Citizen and a PR of Canada so she had got her TD visa from the Toronto Consulate first and then entered US where we got the stamping and the I-94

    Me and my wife went together and got an TN extension at the border till Oct 2018. they said my wife visa ends in December and i need to apply using some form and get that changed.
    when i check her latest I-94 it is also upto Oct 2018.

    Question here is

    1. Which takes precedence ? TD visa that is expiring on December 2017 or I-94 that is valid till Oct 2018 for my wife ?
    2. Do we again have to go to the consulate and get another TD visa till Oct 2018?
    3. Can she stay in US beyond Dec 2017 ?
    Last edited by dsindatry; 10-26-2017, 07:14 PM.

  • #2
    A US visa is solely for entry and the visa's expiration date just means the last day that that visa can be used to enter. It has no bearing on how long the person can stay in the US; that is determined by the person's status, as given by the I-94 and rules of the status.

    Your wife can stay in the US until her I-94 expires. Whether her visa is valid is irrelevant. If she leaves the US and needs to re-enter after the current visa expires, then she needs to get a new visa.

    This is my personal opinion and is not to be construed as legal advice.

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