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applying for FSW ... taking dependent who is out of status in US

ssanndy

Star Member
Aug 21, 2008
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Has anyone ever applied for PNP, work permit or federal skill worker from the US and take their spouse (who has overstayed visitor visa in the US) with them.

I need to hear your experience????
Which programme did you apply for ?
 

ssanndy

Star Member
Aug 21, 2008
176
0
ssanndy said:
Has anyone ever applied for PNP, work permit or federal skill worker from the US and take their spouse (who has overstayed visitor visa in the US) with them.

I need to hear your experience????
Which programme did you apply for ?
anyone
 

canadaforall

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Aug 11, 2009
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Hi,
I think it is impossible to take her along if she is out of her status. The first thing they normally ask is our status in your present country of residence. The only option left for you is if she returns to your native country then you can apply for her.

Hope it helps clarify you.

Canadaforall.
 

Leon

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Jun 13, 2008
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People have managed to apply for FSW with an out of status spouse without having a problem. Even some people who are out of status in the US themselves have applied for FSW but to apply through the US, the principal applicant must have been admitted to the US with at least one year visa at some point.
 

todiefor

Star Member
Jul 9, 2008
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taking dependent who is out of status in US should not be a problem. go ahead, include her/him on your petition.
 

ssanndy

Star Member
Aug 21, 2008
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todiefor said:
taking dependent who is out of status in US should not be a problem. go ahead, include her/him on your petition.
what do i put on the form for him........out of status? or the visa type that he over stayed like b1/2 or both
 

canadacanada

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Jun 24, 2009
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I believe the applicant or the spouse, whoever, if applying from a country other where the applicant/spouse is citizen of, you need to prove that you entered the foriegn country legally and stayed legally for at least 1 year, after that it doesn't matter...as far as i know.
 

ssanndy

Star Member
Aug 21, 2008
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canadacanada said:
I believe the applicant or the spouse, whoever, if applying from a country other where the applicant/spouse is citizen of, you need to prove that you entered the foriegn country legally and stayed legally for at least 1 year, after that it doesn't matter...as far as i know.
well the dependant entered legally but for 6 months not a yr.... wat u say about that?
 

Leon

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Dependent doesn't matter, only the status of the principal applicant matters.