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Undocumented in the USA

Summerside1312

Star Member
Nov 26, 2017
69
50
Hello. Just wanted to ask is someone here have experience sponsoring a spouse who is currently undocumented in the USA. I am a Canadian Citizen and I would like him to sponsor him.
 

scylla

VIP Member
Jun 8, 2010
96,311
22,448
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello. Just wanted to ask is someone here have experience sponsoring a spouse who is currently undocumented in the USA. I am a Canadian Citizen and I would like him to sponsor him.
It's certainly doable. You will follow the normal spousal sponsorship process using the outland route.

Your spouse will need to be 100% honest about his status and immigration history in the spousal sponsorship application.

There is always some chance your spouse might have to appear at an interview. If that happens, it will be held in your spouse's home country. You should aim to put together a strong application with solid proof of your relationship to avoid an interview.

Note that if he's been in the US without status for more than 1 year, he will be automatically banned from the US for 10 years once he leaves. This means that once he becomes a Canadian PR and comes to Canada, he will not be able to return to the US for 10 years. Make sure he's aware of this in case he has any immediately family members there.
 
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Alexis1971

Hero Member
Feb 16, 2020
737
510
Hello. Just wanted to ask is someone here have experience sponsoring a spouse who is currently undocumented in the USA. I am a Canadian Citizen and I would like him to sponsor him.
My spouse is undocumented and i sponsored him. We were denied initially but we appealed the decision. Had a hearing with IAD and they allowed the application to be process. Its very long but I suggest you read cases on Canlii for similar cases to your current situation. If you want more details to private message me.
 
Jul 2, 2014
9
0
My spouse is undocumented and i sponsored him. We were denied initially but we appealed the decision. Had a hearing with IAD and they allowed the application to be process. Its very long but I suggest you read cases on Canlii for similar cases to your current situation. If you want more details to private message me.
Could i also get more info and details please i am also starting the process to spomser my husband who is undoc and living in the usa
 

Alexis1971

Hero Member
Feb 16, 2020
737
510
It's certainly doable. You will follow the normal spousal sponsorship process using the outland route.

Your spouse will need to be 100% honest about his status and immigration history in the spousal sponsorship application.

There is always some chance your spouse might have to appear at an interview. If that happens, it will be held in your spouse's home country. You should aim to put together a strong application with solid proof of your relationship to avoid an interview.

Note that if he's been in the US without status for more than 1 year, he will be automatically banned from the US for 10 years once he leaves. This means that once he becomes a Canadian PR and comes to Canada, he will not be able to return to the US for 10 years. Make sure he's aware of this in case he has any immediately family members there.
My husband was interviewed by Canadian IAD members in Canada, he was not interviewed or had to return to his home country.
 

canuck78

VIP Member
Jun 18, 2017
56,187
13,733
Would suggest spending as much time in person so there aren’t concerns that this marriage is not motivated by immigration.