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QUESTION: Can my wife get a visitor visa to use it when we come in to claim our TN and TD and apply for a TD Visa once in the USA under Visitor Visa. By using my I-194 Form obtained at the border?
ANSWER: She can try. And this is allowed, but under limited circumstances, where the person intended to be in the US as a visitor only, but then later changed their intent after some time.
But if a person uses one visa type to enter the US when their purpose or intent at entry does not match the required intent of the visa used to enter, they are committing visa fraud, and can face serious issues as a result.
QUESTION: How long before my job start can I come into the US and ask for TN Status? I was hoping to do so about a month before as I need to do a couple trips back to Toronto, find a place to rent down there and so.
ANSWER: There is no set amount of time, but in general, you should do so about 1 week prior to the start date, but no more than 2 weeks prior. One month definitely will be too far ahead of time.
QUESTION: If she can't apply for TD inside the US can she still come in with use as visitor and when back in Toronto apply for TD at the consulate?
ANSWER: She is eligible to enter the US with her B1/B2, and this is possible, but the officer ultimately decides whether to grant her entry, based on the circumstances as the officer sees them. But yes, this is permitted.
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