can an canadian citizen file a spouse living in usa illegally?

[ACanadian16]

hi, im a canadian citizen and my fiance is living illegally in USA. we want to get marry so he can come to canada and be able to be together. we have thought in a lot of options but we still uncertain what is best. would it be a good idea if we get married in the peace arch park in the BC and WASH border eventhough we are both band from the country? or can my fiance enter illegally to canada so we can get marry here in canada and start application inland? would that be a better idea? we just want to be together as soon as possible. because of this COVID-19 we do not want for him to return to his home country since i would not be able to enter because of the restrictions.
please help, thanks

 

[scylla]

hi, im a canadian citizen and my fiance is living illegally in USA. we want to get marry so he can come to canada and be able to be together. we have thought in a lot of options but we still uncertain what is best. would it be a good idea if we get married in the peace arch park in the BC and WASH border eventhough we are both band from the country? or can my fiance enter illegally to canada so we can get marry here in canada and start application inland? would that be a better idea? we just want to be together as soon as possible. because of this COVID-19 we do not want for him to return to his home country since i would not be able to enter because of the restrictions.
please help, thanks

You should travel to the U.S. and get married to your fiance there. Once you are married, you will need to submit an application to sponsor your fiance for PR as your spouse. It will likely take approximately a year for the application to be processed. Due to your fiance's status in the U.S., you can expect that your application will be reviewed more closely to ensure the relationship is genuine. So you want to make sure you include strong proof of your relationship.

Do not have your fiance enter Canada illegally. That will create more problems than in solves.

 

[scylla]

hi, im a canadian citizen and my fiance is living illegally in USA. we want to get marry so he can come to canada and be able to be together. we have thought in a lot of options but we still uncertain what is best. would it be a good idea if we get married in the peace arch park in the BC and WASH border eventhough we are both band from the country? or can my fiance enter illegally to canada so we can get marry here in canada and start application inland? would that be a better idea? we just want to be together as soon as possible. because of this COVID-19 we do not want for him to return to his home country since i would not be able to enter because of the restrictions.
please help, thanks

Just to add to my comment above, if the two of you have lived together continuously for at least one full year, then you can submit a common law application and there is no need to get married.

 

[canuck78]

Does your fiancee have a valid passport?

 

[ACanadian16]

Just to add to my comment above, if the two of you have lived together continuously for at least one full year, then you can submit a common law application and there is no need to get married.

WE DID NOT LIVE TOGETHER SO WE CANT APPLY FOR THE COMMON LAW APPL. THE ONLY THING IM CONCERNED IS THAT I WAS BANNED FOR 5 YEARS FROM THE US AND IM NOT SURE HOW THAT WOULD AFFECT THE APPL. OR IF WOULD BE EASY IF BY ANY CHANCE WE BOTH GO BACK TO HIS COUNTRY OF ORIGIN AND WAIT THERE WHILE PR IS ON PROCESS?

 

[ACanadian16]

Does your fiancee have a valid passport?

FROM HIS COUNTRY YES

 

[ryester]

WE DID NOT LIVE TOGETHER SO WE CANT APPLY FOR THE COMMON LAW APPL. THE ONLY THING IM CONCERNED IS THAT I WAS BANNED FOR 5 YEARS FROM THE US AND IM NOT SURE HOW THAT WOULD AFFECT THE APPL. OR IF WOULD BE EASY IF BY ANY CHANCE WE BOTH GO BACK TO HIS COUNTRY OF ORIGIN AND WAIT THERE WHILE PR IS ON PROCESS?

It sounds like going to his country (legally) and getting married there (legally) is your best option.

 

[ACanadian16]

If he can enter Canada legally, you can get married and apply inland.


It sounds like going to his country (legally) and getting married there (legally) is your best option.

Could he apply for an open work permit or a visitor visa even though he is illegally living in the US and has the 10yrs ban ?

 

[scylla]

Could he apply for an open work permit or a visitor visa even though he is illegally living in the US and has the 10yrs ban ?

No.