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Getting Your TD Visa

Getting Your TD Visa

The application process for a marriage visa can be a complex and time-consuming task. Navigating through the numerous requirements and application procedures can be overwhelming for many couples who wish to reunite in a foreign country. However, by understanding the process and requirements involved, couples can increase their chances of gaining approval for a marriage visa.

In this article, we will guide you through the application process for a marriage visa, including the requirements, fees, and timelines, as well as provide tips on how to prepare a successful application.

What is a Marriage Visa?

A marriage visa, also known as a spouse visa, is a type of visa that allows a person to enter and stay in a foreign country with their spouse who is a citizen or resident of that country. This visa is intended for couples who are married or in a registered partnership and wish to reunite in a foreign country.

Each country has its own requirements and regulations when it comes to issuing marriage visas, so it is important to research the process and requirements for the specific country where you wish to apply.

Requirements for Marriage Visa

The requirements for a marriage visa vary depending on the country where you wish to apply, but there are some common requirements that are usually requested.

Proof of Marriage

To apply for a marriage visa, you will need to provide proof of your marriage or registered partnership. This may include a marriage certificate, civil partnership certificate, or proof of cohabitation.

Financial Support

Most countries require that the sponsoring spouse demonstrate that they can financially support the non-citizen spouse. This may involve providing evidence of employment, income, assets, or savings.

Background Checks

Both the sponsoring spouse and the non-citizen spouse will typically need to provide proof of a clean criminal record. This may involve providing a police certificate from all the countries where you have resided in the past.

Medical Examination

Many countries require that the non-citizen spouse undergo a medical examination to ensure that they are not carrying any infectious diseases or illnesses that could be a danger to public health.

Residency Requirements

Most countries require that the non-citizen spouse reside outside of the country where they wish to apply for a marriage visa for a certain period of time. This is to ensure that the couple’s relationship is genuine and not solely for the purpose of gaining entry into a foreign country.

Fees and Timelines

The fees and timelines for a marriage visa application vary depending on the country where you wish to apply. It is important to research the specific fees and timelines for the country where you wish to apply as these can change from time to time.

Fees

Marriage visa application fees can range from a few hundred dollars to several thousand dollars depending on the country and the type of visa being sought. Additionally, some countries require additional fees for biometric data collection or other administrative costs during the application process.

Timelines

The processing time for a marriage visa application also varies depending on the country where you wish to apply. In some countries, the processing time can be as little as a few weeks, while in others it can take several months or even years.

In addition to the processing time, the timeline for a marriage visa application may also be affected by other factors such as the completeness of the application, the complexity of the case, or the number of applications being processed at any given time.

Tips for a Successful Application

Preparing a successful marriage visa application requires careful planning and attention to detail. Below are some tips to help couples increase their chances of a successful application.

Research the Process and Requirements

Before starting the application process, it is important to research the requirements and regulations for the specific country where you wish to apply. This will help ensure that you understand the process and are able to provide all the required documentation and meet the necessary criteria.

Provide Accurate and Complete Information

When completing the application form, it is important to provide accurate and complete information. This includes providing accurate dates and names, as well as ensuring that all documents are complete and up-to-date.

Organize Your Data

Organizing your data and documentation can be essential in making the application process simpler and hassle-free. This includes ensuring that all supporting documents are complete and up to date, as well as arranging them in a logical order when submitting the application.

Plan Ahead

The application process can be time-consuming, so it is important to plan ahead. This may include applying well in advance of your anticipated travel dates, or ensuring that all necessary documents are obtained in a timely manner.

Consult with an Immigration Lawyer

Consulting with an immigration lawyer can help you understand the application process and requirements more comprehensively, as well as provide advice on how to present the strongest case for your application.

Conclusion

Applying for a marriage visa can be a complex process, but by understanding the requirements and preparing a complete and accurate application, couples can increase their chances of success. It is important to research the specific requirements and regulations for the country where you wish to apply, as well as ensure that all supporting documents are complete and up-to-date. By following these tips, couples can navigate through the application process more efficiently and successfully.


A TD visa is a document that allows the spouse and children of a Canadian or Mexican professional to join
the TN employee in the United States.  The TN “status” is a nonimmigrant professional worker states created by
the North American Free Trade Agreement that allows some normal foreign worker restrictions to be lifted for Canadian and Mexican citizens.  The amount of these citizens that may receive this status is unlimited, compared to the finite number of H1-B employment visas.

There may be a TN visa, but it is not required for all professional workers.  These workers are known as NAFTA
professionals and have occupations that are pre-approved by the US government.  This does not include
unskilled workers and general labor.  Permanent residents of both countries are not eligible for NAFTA professional status.  TN status is initially three years and can be renewed indefinitely every three years so long as the individual remains a non-immigrant.  Similarly, the spouse and children for the TN holder may continuously renew their TD status.  An attorney can help with the renewal process if so needed.

What are requirements for a TN visa?

There are different requirements for Canadian and Mexican citizens.

Canadian citizens do not explicitly require a TN visa, but may be issued one at their request.  Otherwise, there is the assumption of TN status.  Instances where the Canadian worker intends to have his or her non-Canadian spouse and children join the worker in the US will need a TN visa so the rest of the family can apply for a
TD visa.  Canadian citizens are assessed a fee of $50 to be classified as a TN professional by the Department of
Homeland Security.  The must, of course, clear all provisions set on individuals crossing the US border, as determined by the US Customs and Border Protection.

Mexican citizens on the other hand must have a visa to enter the US, although they will not need a petition
as is typical for citizens of other non-NAFTA countries.

Can one change employers while enjoying TN status?

TN status/visa holders may change employers by filing form I-129, presenting evidence of the new employer and paying a fee of $120.  Canadian citizens may circumvent this fee by returning to the port-of-entry and re-registering as a TN and paying the requisite $50.

How does one apply for a TN Visa?

TN visa seekers must complete an interview with a consular officer that will determine the applicant’s
eligibility for NAFTA Professional Worker status.

They must then complete Form DS-160 online to initiate the process.  After that, the applicant must ensure their passport will be valid at least six months beyond the period of stay.  When applying for TN status, the applicant will also need to provide a 2×2 photograph and a letter of employment from the applicant’s American
employer.

The letter must include:

–       The position filled

–       length of stay

–       educational qualifications

–       arrangements for pay

Once the TN status/visa arrangements have been satisfied, the TD procedure may begin.  The TN holder and the employer must ensure that the professional is properly license to practice in the United States, in
accordance with state and federal authorities.

What are the restrictions on a TD visa?

Spouses and dependents that hold TD visas may not seek employment in the United States but may attend school as needed.  The $50 fees to classify Canadian TNs are not assessed when classifying TD spouses and dependents.

How does one apply for a TD Visa?

Spouses and children under 21 are covered by the TD visa and will be able to join the TN visa holder in the
United States.  Spouses and children that are Canadian citizens will not require a visa, though non-citizens and Mexican citizens will require this visa.  As noted earlier, although Canadian citizens do not require TN/TD status, they may request and receive the visa as needed.

TD-1 visas are issued to the family of Canadian citizen workers and TD-2 visas are issued to the family of
Mexican citizen workers.

Applicants seeking a TD visa must apply at a local US embassy or consulate and provide proof of their spouse’s TN status.

What Professions are eligible for TN status?

There are a number of professions that are eligible for TN status, all requiring an advanced degree.  Self employed individuals are not eligible for TN status.  There is also health, security and criminal based limitations that may deny an applicant TN status.  Only those that will be employed by an American company can receive TN status which translates to TD status for the spouse and children as needed.

Extending Stay

Provided the non-immigrant status holder has not committed any crimes, has not violated the terms of their stay, and has a passport that will last beyond the extended stay, they may apply to remain in the US.  The USCIS suggests that the status holder initiate the extension process 45 days in advance.

Dual intent

Unlike other work visas, the TN and TD visas are not subject to dual intent and the holders may not pursue US
citizenship when holding these visas.  In fact, TN/TD seekers can be denied if the consular officer determines that the applicant intends to seek residence in the US.

Those that intend to change their non-immigrant status should notify the USCIS immediately, and assume their
status remains unchanged until noted otherwise.  The USCIS will be able to guide you through the appropriate channels to become a permanent residence, although this is by no means guaranteed.  Those seeking US permanent residence must switch to an H-1B visa then apply for a green card.  Otherwise, especially for Canadians, the TN status can be revoked at the border.