TD to B2 ?

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TD to B2 ?

Post by TNcanadian » Fri Jan 23, 2009 2:07 am

I'm in the US on TN status (valid 'til end of July)
My wife & kids are in the US on TD status (same exp date)

I will be leaving the US (permanently) in about a month (i.e. quitting the job and heading out)

My wife & kids would like to remain in the US until the end of my kids' school year (i.e. until the current status exp date).

I know that as soon as I leave the US, TD status goes away.

As Canadians, can my wife & kids file an I539 to change their status from TD to B2? Can this be done now? ... or should it wait until the day I quit?

I know that they should not leave the US, as they may not get back in (legally, anyway). Going back to Canada is not an option for my wife and the kids, even temporarily, as tax consequences will be deadly.

Our options seem to be:

1. File I539 for my wife & kids NOW (req change from TD to B2)
2. File I539 for my wife & kids when I quit (req change from TD to B2)
3. Do nothing - i.e. my wife & kids remain in the US out of status, then leave to join me when they're ready
4. something else ?

Any help would be appreciated !

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Post by nelsona » Fri Jan 23, 2009 5:50 am

Their being Cdn has no bearing on this, nor does the expiry date on their I-94.

To remain in uS after you give up your TN, they MUST file I-539 to switch to B2 on the day you quit. They request this "to wrap up US affairs" and can request upto six months.

They can then remain in US until they are ready to leave. Once you have established Cdn ties, they would be able to come and go as they please, but until then, they should stay put. They will likely leave before the I-539 is approved or denied, but will be in B2-pending status.

You should be aware that in most tstes it is not legal to go to school on B2, but this is unlikley to come up since they were TD.

I assume you are noy going back to canada? Otherwise I'd be curious as to how them remaining in US while you are in canada benefits you in any way tax-wise.

Post your scenario in the tax forum, you may be surprised.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

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