Affect of US overstay on Canadian Spousal Visa Application

[Zokomon]

Hello. Iam an Indian citizen, was in US on H1 visa but overstayed by 5 yrs. Im getting married to a Canadian citizen. Will my overstay in US affect my Canadian spousal visa application??

P.S Was NOT deported, returned on my own free will.

Thanks!

 

[screech339]

Hello. Iam an Indian citizen, was in US on H1 visa but overstayed by 5 yrs. Im getting married to a Canadian citizen. Will my overstay in US affect my Canadian spousal visa application??

P.S Was NOT deported, returned on my own free will.

Thanks!

I am not sure. The thing is that since you lived in US more than 6 months, you are rquired to submit FBI criminal check report to CIC with application. This is where the record of you overstaying your visa may show up. If it does show up, it may raise a red flag on your application. Doesn't mean you will not be allowed since you left on your own without deportation orders. One other thing is in the declaration form, you must list all addresses where you lived since you were 18 years old without any gaps between addresses. They may notice that you may over stayed your visa in US as well.

Something to keep in mind.

Screech339

 

[Zokomon]

Thanks Screech339! Well I do not intent on hiding my overstay info from CIC. Since US and Canada share info, they will probably find out anyways. I rather be upfront with them to begin with. Just anxious/worried/curious how will that play out....

 

[screech339]

Thanks Screech339! Well I do not intent on hiding my overstay info from CIC. Since US and Canada share info, they will probably find out anyways. I rather be upfront with them to begin with. Just anxious/worried/curious how will that play out....

I wouldn't worry to much about your overstay since you left on your own without being resorted being deported. Since you are not ordered to be deported, there would not likely to be any record of being deported something you would have to have say yes to question of being deported on application if you had been deported.

screech339

 

[scylla]

Thanks Screech339! Well I do not intent on hiding my overstay info from CIC. Since US and Canada share info, they will probably find out anyways. I rather be upfront with them to begin with. Just anxious/worried/curious how will that play out....

Definitely do not hide the time you spent in the US - your plan of being honest is exactly what you should do. The overstay will only cause big problems if you try to hide the time you spent in the US. Otherwise you'll be fine.

 

[Zokomon]

Thanks Scylla and screech339 for the response!

 

[chach]

i wouldn't worry about it. as long as you don't have a criminal background, you should be okay.

 

[Zokomon]

Hope so. Thanks chach!

 

[Zokomon]

If anyone has first hand experience in a similar situation, please do share.

 

[chach]

i am in similar situation, and my lawyer advised me that CIC does not care about USA overstays. They focus on the sincerity of the relationship, your criminal history (not including the overstay), and your health.

 

[kl29]

I am in the exact same situation which is why I got a lawyer. Lawyer says they don't care if he overstayed.

 

[Zokomon]

Thanks kl29 and chach for the response. It's very reassuring to know that the overstay will likely not be an issue. Just curious, any of you guys Indian citizens??