Adjustment of Status from Work Visa

[alebrije 15]

I am posting this question in behalf of my friend. She came on a TN visa 2 years ago and has been going out with a US citizen for the majority of that time. She just found out she is pregnant, so the couple is going ahead with getting married. The problem is her TN will expire on May 18, 2015 (two weeks from now) so there is no time to send the paperwork soon enough to not fall out of status. I have told her that even if she marries before her TN expires, she cannot keep working after the expiration date, not until she adjusts status and gets her Employment Authorization.

Now, the TN renewal is costly, and is ALSO a visa made out for no-immigration purposes... so what happens now? She can't renew, because now her intention IS to get married to her USC fiance -even though she also intends to keep working for that company, She can't adjust status quick enough to keep being able to work without falling out of status, and the idea of quitting her job now that they need the money more than ever seems like the only option, but that will leave them in trouble financially.

Any recommendations?

[Manzan76 6]

TN renewal is costly? I think it's $160 and can be renewed for up to 3 years with the appropriate company letter and documentation.

I got married in 2002 and was able to renew my TN visa with no issues until the last time in 2012.

[alebrije 15]

The company charges us $1600 per renewal, I know because I worked for them for a couple of years too.

Knowing that the renewal is not misrepresentation of any kind is good news though, thanks!

[Manzan76 6]

Interesting, I guess it's cheaper to do it yourself.

Whenever I would renew my TN visa, all I had to do was ask my company for a letter (on company letterhead) that verified my continued employment while stating my job/duties/salary and then visit Canada to renew the visa on my way back into the US. It was a good excuse to visit my family every year. The only fees were what CBP charged me ($50 annually, recently increased to $160 but renewable for 3 years now). My company never charged me for the letter, in fact I was always allowed to expense my TN visa fee afterwards.

[fellaamazing 72]

Your friend is in difficult spot.

TN visa only cost $160, as long as your company gives you original letter petitioning for 3 years. Along with company's financial statement, your resume, degrees. That you get at the border much faster than using adjustment of status within inside US.

With TN visa, you have to maintain temporary intention. H1 on the other hand, you can have dual intention.

Now it is totally legal to change intention while you are still in United States, by falling in love, or job sponsor you permanent employment based green card. But once the intention is changed, you can not re-enter United States using TN visa which meant temporary residence.

The best time to do such thing is when you have lot of time in your TN visa, and you don't exit US until you get a better visa (H1/H4, green card etc)

Now I would suggest you talk to an immigration lawyer, and ask for suggestion.