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

[mitcoolhai]

I am a canidian citizen. my question is my bf who is illegal immigrant living in usa. I wants to marry him. will I be able to marry him in usa? will I be able to file for him even if he is illegal in usa? or will he have to return to his own country and then I wil have to file for him back in his country? plzz.. help.

 

[Zouk Princesse]

Depends on a few things:

1) Did he enter the US legally to begin? I.e. passed through a border agent at a port of entry
2) Are there any warrants or deportation orders for him?
3) How long was he originally admitted to the US for?

In short, you can, although there may be a couple of exceptions. The exact process you use will depend on your situation, hence the above questions.

 

[mitcoolhai]

thanks for reply. No He did not enter legally in usa. he crossed the border also he does not have any deportation or any criminal records. he had visitor visa of canada in 2003 but he never visited canada. he is in usa for 10 years.

 

[scylla]

Yes - you can file for him even thought he is in the US illegally.

However since he did not enter the US legally, his application will have to be sent to his home country's visa office for processing. If an interview is required, it will also be held in his home country (not in the US). Last but not least, when it's time to issue his visa, his passport will have to be sent to his home country's visa office as well.

 

[RosieRod]

Hi,
My question is the same as the original poster but I need more details than what was offered.

I am currently in USA and is out of status (entered via visitors visa B2). I have been in the US for 18mths now, my boyfriend is now in Canada and we are thinking of getting married.

I have entry to US, no deportation, I would like to know, If we get married in the US what is the time differences for processing of documentation for me filing while staying in the US or going back to home country.

What application forms would I need to file for petition to Canada or better yet can someone send me the link to the Canadian Immigration site or something. I need information like what forms to fill out and charges and documentation required for processing.

I await your helpful response and thank you in advance.

 

[Leon]

Hi,
My question is the same as the original poster but I need more details than what was offered.

I am currently in USA and is out of status (entered via visitors visa B2). I have been in the US for 18mths now, my boyfriend is now in Canada and we are thinking of getting married.

I have entry to US, no deportation, I would like to know, If we get married in the US what is the time differences for processing of documentation for me filing while staying in the US or going back to home country.

What application forms would I need to file for petition to Canada or better yet can someone send me the link to the Canadian Immigration site or something. I need information like what forms to fill out and charges and documentation required for processing.

I await your helpful response and thank you in advance.

You need the forms here: http://www.cic.gc.ca/english/information/applications/fc.asp

Because you did not enter the US with at least a one year visa, you can not opt for processing as a resident of the US. The application will therefore be processed in your home country so the processing time is the same whether you stay in the US or go home. Currently, the assessment of sponsor takes almost 3 months and after that, the processing time in your homeland as seen here: http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp Note that those times are the time it takes to process 80% of applications so if your case is straight forward, yours should be shorter.

 

[kiwi]

Hi everyone,

I need your help again! Please share if you have been in similar situation or have more information on case like mine.

He is my story. Me and my boyfriend are getting married and I am going to sponsor him to come to Canada.
He entered the USA with student visa which was valid for 4 years but he stayed after the visa expired.

I am aware what papers and supporting documents we need to obtain. We prefer to start the process while he is still in the USA - without him going back to his home county.

And here are our concerns..Please share your experience/ knowledge:

1. Are we going to encounter more issues if he is illegal in his country of residence?

2.Would it be better if he goes back to his home country and we send the application from there? ( we dont really want to do that..but if its safer..)

3. Obtaining FBI police clearance while he is living illegally in the USA - our concern is if FBI will find out that he is out of status and go after him?
I was thinking that he can get his fingerprints done, send the package to me and I can mail it to FBI from Canada.. any thoughts?

4. I was also thinking that he can come in Canada as a visitor and to start the spousal process from here. The only thing is that his home country is non visa exempt. He would have to apply for tourist visa and the chances to be refused might be higher as we was already illegal in another country..

I've got very helpful information from this forum in the past and hope that you guys can share your experience this time as well.

Thank you!

 

[scylla]

1. You can expect his application to be examined more closely since he has no status in the US. It's quite possible he will have to attend an interview. If an interview is required, it will be help in his home country - not in the US.

2. He can apply from the US.

3. There should be no issues created getting the FBI certificate.

4. Given his illegal status in the US, he really has no chance of being approved for a visitor visa to Canada. I wouldn't bother applying. I think it's probably a waste of money.

 

[Sweet canadian]

Hello Everyone,

I am a canadian citizen and married to a person living in the US illegally. We have been married for almost 2 years. He came in the US 15 yrs ago with a tourist visa but using different name after a year he was married to a us citizen and was able to change his name. He is now using his real name. He has a valid sss number and filing taxes for 14 yrs. I want to sponsor him in canada so that we can live together. I read that if you have a legal status in the country you are residing for at least 1 year you will be able to apply. Is this true? Since my husband was able to work legally for more than 1 year he can submit his application In the US? I think we do not have problem getting a police clearance in the US?

Thank you in advance for your help.

 

[scylla]

Hello Everyone,

I am a canadian citizen and married to a person living in the US illegally. We have been married for almost 2 years. He came in the US 15 yrs ago with a tourist visa but using different name after a year he was married to a us citizen and was able to change his name. He is now using his real name. He has a valid sss number and filing taxes for 14 yrs. I want to sponsor him in canada so that we can live together. I read that if you have a legal status in the country you are residing for at least 1 year you will be able to apply. Is this true? Since my husband was able to work legally for more than 1 year he can submit his application In the US? I think we do not have problem getting a police clearance in the US?

Thank you in advance for your help.

The two of you can certainly submit the application while he is in the US (it will be sent to the Mississauga office). However which local visa office actually ends up processing his application will be up to CIC. If the application is sent to his home country visa office and an interview is required, it will be held in his home country and he will have to physically travel there to attend (at which point he won't be able to re-enter the US and will have to remain in his home country until a decision is made).

 

[scylla]

Sorry - re-reading your post, does he have a green card through his US spouse? If so, then he should have no issues re-entering the US if he has to leave due to the interview.

 

[Sweet canadian]

Thank you for the quick reply. He was able to get a work permit but unfortunately the marriage did not work out and his green card application was not approved. Just want to confirm the process. So, I will send my application to sponsor and my husband's permanent residence application in canada. Once my application to sponsor is approved cic will decide which visa office they will send my husband application. Is it possible that they will send it to a visa office of the country he is residing right now which is in the US? If so, he does not need to go back to his home country if an interview is required? My other question is if his application will be sent to his home country and an nterview is required. What are the consequences if he will not attend the interview aside from his application being denied? Going home is not an option for us right now because he has a good paying job in the US. Thank you again for your help

 

[scylla]

Thank you for the quick reply. He was able to get a work permit but unfortunately the marriage did not work out and his green card application was not approved. Just want to confirm the process. So, I will send my application to sponsor and my husband's permanent residence application in canada. Once my application to sponsor is approved cic will decide which visa office they will send my husband application. Is it possible that they will send it to a visa office of the country he is residing right now which is in the US? If so, he does not need to go back to his home country if an interview is required? My other question is if his application will be sent to his home country and an nterview is required. What are the consequences if he will not attend the interview aside from his application being denied? Going home is not an option for us right now because he has a good paying job in the US. Thank you again for your help

If CIC decides to send the application to his home country, an interview is required and he does not attend - then you should expect the application will be refused.

 

[2calgary]

Thank you for the quick reply. He was able to get a work permit but unfortunately the marriage did not work out and his green card application was not approved. Just want to confirm the process. So, I will send my application to sponsor and my husband's permanent residence application in canada. Once my application to sponsor is approved cic will decide which visa office they will send my husband application. Is it possible that they will send it to a visa office of the country he is residing right now which is in the US? If so, he does not need to go back to his home country if an interview is required? My other question is if his application will be sent to his home country and an nterview is required. What are the consequences if he will not attend the interview aside from his application being denied? Going home is not an option for us right now because he has a good paying job in the US. Thank you again for your help

He is still working LEGALLY on the WORK permit u mentioned above?

 

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