I have currently overstayed my initial 6 months in the USA, however my multiple visa is valid till june.my fiance who is a canadian citizen wants to file for me .However, I need to know if its a must I go back to my home country to do this, or can we go through if we get married here in the USA. Please i need legal advice and possible implications..
Illegal in the us.
- Thread starter Tanygirl
- Start date
How long have you overstayed in the US at this point? The US takes overstays very seriously. Depending on how long it's been, your best option may be to leave and return home to avoid being banned for several years.
To answer your question, can get marred in the US and your boyfriend can sponsor you for PR while you remain in the US. Since you're out of status in the US, your application will be processed through the visa office responsible for your home country. If an interview is required, it will be held in your home country and you will have to travel there in person to attend it.
To answer your question, can get marred in the US and your boyfriend can sponsor you for PR while you remain in the US. Since you're out of status in the US, your application will be processed through the visa office responsible for your home country. If an interview is required, it will be held in your home country and you will have to travel there in person to attend it.
There is no legal advice here, only knowledgeable volunteers. For legal advice you need to contact a lawyer.
What exactly does your fiancé what to file for? PR status? You can get married anywhere you choose, as long as it is legal in the country it is performed. If you have a TRV for Canada, expect that entry into Canada (with an overstay in the US) will become more difficult, potentially resulting in a refusal. At that point you would likely be returned home. It won't have an effect on your PR application, but as a visitor it will.
What exactly does your fiancé what to file for? PR status? You can get married anywhere you choose, as long as it is legal in the country it is performed. If you have a TRV for Canada, expect that entry into Canada (with an overstay in the US) will become more difficult, potentially resulting in a refusal. At that point you would likely be returned home. It won't have an effect on your PR application, but as a visitor it will.
If you've overstayed less than six months - make sure you leave before you hit the six month mark. It's pretty important you do this. If you've overstayed six months or more but less than a year - make sure you leave before you hit the one year mark.
I have currently overstayed by a year .and was hoping there could be a way about it without going back to my home country.will i get banned both ways if I should leave now or wait till my aplication if it would
Yes , he wants to file for a PR status.going by this, we both have to contact lawyers both in canada and here in the USA. Thanks
Ah - that's very unfortunate. So you'll have an automatic 10 year ban from the US as soon as you leave no matter what you do.
Your boyfriend should come to the US and marry you - then sponsor you using the outland process. It's possible an interview will not be required and you can complete the process without leaving the US. But again, if an interview is required, you'd need to return home to attend the interview - at which point it won't be possible to return to the US and you'll have to wait out the remaining processing of your application in your home country.
Note that the 10 year US ban will apply even after you become a Canadian PR - even once you are a Canadian citizen. Make sure you remain out of the US for the full 10 years after you leave and do not attempt to re-enter. The US takes this stuff very seriously and will increase the length of your ban (possibly even detain you) if you attempt to re-enter before the ban is over. This is one of those rules you don't mess around with.
Good luck.
Your boyfriend should come to the US and marry you - then sponsor you using the outland process. It's possible an interview will not be required and you can complete the process without leaving the US. But again, if an interview is required, you'd need to return home to attend the interview - at which point it won't be possible to return to the US and you'll have to wait out the remaining processing of your application in your home country.
Note that the 10 year US ban will apply even after you become a Canadian PR - even once you are a Canadian citizen. Make sure you remain out of the US for the full 10 years after you leave and do not attempt to re-enter. The US takes this stuff very seriously and will increase the length of your ban (possibly even detain you) if you attempt to re-enter before the ban is over. This is one of those rules you don't mess around with.
Good luck.
There really is no point in seeing a lawyer. They cannot give you any other options. Get married and apply for sponsorship.