Can the TD spouse stay in Canada while I am in the USA?

The TN visa, created under the North American Free Trade Agreement (NAFTA/USMCA), allows professionals from designated fields of the participating countries to work in the United States. Their dependents – who receive TD status – are entitled to accompany the principal visa holder, but their situation involves particularities that require care.

When it comes to the spouse”s stay in Canadian territory while the TN visa holder is working in the U.S., it is important to understand that TD status is a derivative benefit of the principal”s work status. Thus, the spouse is not required to reside in the United States to maintain the TD status; however, every time they intend to utilize this status (for example, when entering the U.S.), they must meet the U.S. immigration requirements.

Staying in Canada may be possible, but it is crucial that the dependent is aware of the entry conditions and obligations needed to be admitted under TD status when applicable. Another important point is that maintaining derivative status ultimately depends on the principal”s valid status. If the spouse chooses to reside permanently or for an extended period in Canada, they will be subject to Canadian immigration rules and will not, in fact, have active TD status in the U.S. until returning to U.S. jurisdiction with proper documentation.

Due to this dynamic, a ”long-distance accompaniment” strategy can generate complications if there are plans for eventual entry or if in the future benefits requiring presence or a regular history in the country are necessary. It is essential to stay informed and strictly follow U.S. immigration laws, avoiding being influenced by offers promising results without legal basis.

It is recommended that, for specific doubts or to assess the long-term impact of this decision, advice be sought from professionals who can individually evaluate your case. In this way, both the TN visa holder and the TD spouse will be able to make well-founded decisions without unnecessary risks concerning the immigration laws of both countries.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.