TD Visa: Status for Spouses and Children of TN Workers

TD is the dependent status for families of TN workers. It covers:

• The TN worker's spouse.
• The TN worker's unmarried children under 21.

Family members don't need to be Canadian or Mexican themselves. A British spouse of a Canadian TN worker, for example, can get TD status. They can come with the TN worker or join later ("following to join").

Unmarried partners don't qualify for TD. They usually visit as tourists, which doesn't allow living in the US long term, or need their own status.

This depends on the family member's citizenship:

Visa-free travel under the ESTA is only for short visits, so a non-Canadian spouse who plans to live in the US needs a TD visa.

At the border or interview, bring:

• Proof of the relationship: a marriage certificate or birth certificate.
• Proof of the TN worker's status: their I-94 record or USCIS approval notice, or a copy of the TN visa.
• The TN worker's employer letter.
• Passports for each family member.

Can:

• Live in the US for as long as the TN worker is in status.
• Attend school, college, or university, full-time or part-time, without an F-1 visa.
• Volunteer in genuine unpaid roles that would not normally be paid.
• Travel in and out with the right documents.

Cannot:

• Work for a US employer.
• Get an Employment Authorization Document based on TD status.

Working remotely for a foreign employer while in TD status is a gray area. Get legal advice before doing it. A spouse who wants to work needs their own status, such as their own TN (if Canadian or Mexican and qualified), an H-1B, or an E-3 (Australians).

TD status is granted for no longer than the TN worker's authorized stay, which is up to 3 years at a time. When the TN worker extends, family members extend too.

• Inside the US: if the TN worker's employer files Form I-129 to extend TN status, each TD family member files Form I-539 to extend at the same time.
• At the border: if the TN worker re-applies at a port of entry, TD family members can travel with them and get new admission dates.

A Mexican TD family member who extends inside the US and later travels abroad after their TD visa expires needs a new TD visa before returning.

Children lose TD status on their 21st birthday. They then need their own status, such as an F-1 student visa.

• Same-sex spouses: a legally valid marriage qualifies, including same-sex marriage, if it was valid where it took place.
• Common-law or unmarried partners: they don't qualify for TD. Some visit in B-2 status for limited periods, which does not allow living in the US.
• Stepchildren: a stepchild generally qualifies if the marriage creating the step-relationship took place before the child turned 18.
• Children born in the US: a child born in the US is a US citizen and doesn't need TD status.
• Both spouses qualify for TN: each can hold their own TN status and work. Neither needs TD.
• Divorce: a former spouse loses TD eligibility and needs another status to stay.

• Visa application fee: $185 per person as of September 2026, if a visa is needed.
• Visa integrity fee: A $250 visa integrity fee, created by a 2025 law, is charged when a visa is issued. As of September 2026, consulates have rolled it out unevenly, so check your embassy's fee page.
• Form I-539 extension: see the USCIS fee schedule.
• Canadian family members pay no visa fees, but CBP may charge an I-94 fee at a land border.

Check the State Department's fee page for current amounts.

TD status has no green card path of its own. If the TN worker gets a green card, for example through employer sponsorship and PERM, the spouse and unmarried children under 21 can usually get green cards as derivatives.

Like TN, TD requires temporary intent. Once a green card case is filed, travel and TD renewals can become harder. See adjustment of status.

2026 policy change. A USCIS policy memo dated May 21, 2026 (PM-602-0199) says people in the US in temporary (nonimmigrant) status should get green cards through adjustment of status only in "extraordinary circumstances," and it applies to pending cases. Talk to a licensed immigration lawyer about how it affects you before you file.

• Missing or unclear marriage or birth certificates.
• The TN worker can't show valid TN status.
• The officer thinks the family plans to stay permanently.
• A non-Canadian spouse tries to enter with an ESTA instead of a TD visa.
• Past overstays or other immigration violations.

See visa denials and waivers if a family member is refused. Nationals of countries covered by the travel ban should check whether TD visas are affected for their country before applying.