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

[Hopeful-Chy]

This is the Family Sponsorship section of the forum. So you won't get answers here regarding processing times for your application. You need to post those questions to the right economic immigration section of the forum.

Yes - you can get married now. Once you get married, you must add him to your PR application. Provided he is honest about his immigration history and current status in the US, there will be no issues being approved. He really needs to leave the US before he reaches the six month mark of being out of status (even if this means returning to his home country). If he overstays six months or more - he's going to end up with a ban from re-entering the US. He should avoid getting a ban if at all possible.

Thanks @scylla for the quick response. I will post the first question in another forum.
However, on the 2nd issue, he is already over 6 months here. we don't really mind the ban. If we settle in canada, we will be happy and ok. i am scared that they will ask him to go back to home country or require an interview because we don't want to risk him going back. Then it may also delay my own processing. Do you have an idea what the requirements will be if I add him at this stage? How can I also add him now if I have not heard from them yet on the documents I have submitted so far. I am here on a student visa and do not want to run out of status here because of any delay

 

[scylla]

Thanks @scylla for the quick response. I will post the first question in another forum.
However, on the 2nd issue, he is already over 6 months here. we don't really mind the ban. If we settle in canada, we will be happy and ok. i am scared that they will ask him to go back to home country or require an interview because we don't want to risk him going back. Then it may also delay my own processing. Do you have an idea what the requirements will be if I add him at this stage? How can I also add him now if I have not heard from them yet on the documents I have submitted so far. I am here on a student visa and do not want to run out of status here because of any delay

Not six months from the time he arrived - six months from the time he fell out of status. I would avoid the ban if at all possible.

Yes - adding him will likely delay the processing of your application by around 3-4 months. Once you get married, you will need to resubmit most of the forms so that you can add him, he will need to do a medical and also provide his PCCs. He will need to go through a background and security check along with you.

If you want to avoid the delay, then wait until after you have officially become a PR before you get married, marry after you have landed and become a PR - and then sponsor him. However if you do this, be aware that you will have to be separated for most of the year it will likely take to process his application. Since he's out of status in the US, there's zero chance he will be allowed into Canada as a visitor. Since you are a PR, you will have to be living in Canada when you submit the PR application and will have to continue living in Canada until the PR application is finalized (occasional short trips outside of Canada are OK).

So your choices are to either get married now, add him to your application and deal with a few months of delays - or get married after you become a PR and then be separated for most of a year while you wait for his PR application to be processed.

 

[Hopeful-Chy]

Not six months from the time he arrived - six months from the time he fell out of status. I would avoid the ban if at all possible.

Yes - adding him will likely delay the processing of your application by around 3-4 months. Once you get married, you will need to resubmit most of the forms so that you can add him, he will need to do a medical and also provide his PCCs. He will need to go through a background and security check along with you.

If you want to avoid the delay, then wait until after you have officially become a PR before you get married, marry after you have landed and become a PR - and then sponsor him. However if you do this, be aware that you will have to be separated for most of the year it will likely take to process his application. Since he's out of status in the US, there's zero chance he will be allowed into Canada as a visitor. Since you are a PR, you will have to be living in Canada when you submit the PR application and will have to continue living in Canada until the PR application is finalized (occasional short trips outside of Canada are OK).

So your choices are to either get married now, add him to your application and deal with a few months of delays - or get married after you become a PR and then be separated for most of a year while you wait for his PR application to be processed.

Ok. Thanks. I really do appreciate the response. Do you think an FBI background check implicates a person and exposes them to deportation? Also if we have evidence to show that our marriage is real and i file for him after I get my PR, is it guaranteed that he will get his PR if he is asked to go back to home country for an interview? At what point will a person be asked to go back for interview and will it be sure that he will be granted the PR?

 

[scylla]

Ok. Thanks. I really do appreciate the response. Do you think an FBI background check implicates a person and exposes them to deportation? Also if we have evidence to show that our marriage is real and i file for him after I get my PR, is it guaranteed that he will get his PR if he is asked to go back to home country for an interview? At what point will a person be asked to go back for interview and will it be sure that he will be granted the PR?

No - the FBI cert won't implicate or expose him.

There's never a guarantee someone will get PR. If an interview is required as part of a spousal sponsorship application - it will be held in his home country and he will have to attend in person.

Spend time reading through the threads here to see what kind of evidence is submitted to prove relationships. Also read through the info on the CIC web site.

 

[Hopeful-Chy]

No - the FBI cert won't implicate or expose him.

There's never a guarantee someone will get PR. If an interview is required as part of a spousal sponsorship application - it will be held in his home country and he will have to attend in person.

Spend time reading through the threads here to see what kind of evidence is submitted to prove relationships. Also read through the info on the CIC web site.

ok. Thanks a great deal.
Will keep up with this forum. Its the best I have seen
Will share my progress too as soon I get any

 

[frankomega]

Please my case is a bit different, please someone should help out on this. I entered the UK in 2010 with a student visa which I tried to extend in 2011 and I was denied. Then I got married to my girl friend who is a UK citizen that same 2011, but the problem began when my student visa extension was denied and my wife refuse to follow me back to my country so we got divorced and I became an overstayer. then I met my present wife who is a Canadian citizen who came to UK for her studies in 2012. And we met and dated from that 2012 till we came back to Nigeria 2016 July and got married October 2016 and we now have a son. my question is, I lied about my travel history in my student visa application, I was asked if I have travelled to any country apart from my home country I said no because I Dont know how to get my police clearance from UK but the student visa was denied reason being that dey Dont think I will return to my home country after my studies. So right now my wife wants to sponsor me for PR should i still tell them that I have not travelled before or tell them the truth about my travel history and look for a means to get my police clearance from UK.

 

[scylla]

Please my case is a bit different, please someone should help out on this. I entered the UK in 2010 with a student visa which I tried to extend in 2011 and I was denied. Then I got married to my girl friend who is a UK citizen that same 2011, but the problem began when my student visa extension was denied and my wife refuse to follow me back to my country so we got divorced and I became an overstayer. then I met my present wife who is a Canadian citizen who came to UK for her studies in 2012. And we met and dated from that 2012 till we came back to Nigeria 2016 July and got married October 2016 and we now have a son. my question is, I lied about my travel history in my student visa application, I was asked if I have travelled to any country apart from my home country I said no because I Dont know how to get my police clearance from UK but the student visa was denied reason being that dey Dont think I will return to my home country after my studies. So right now my wife wants to sponsor me for PR should i still tell them that I have not travelled before or tell them the truth about my travel history and look for a means to get my police clearance from UK.

Background and security checks are a lot more thorough for PR applications. If you lie about your travel and overstay history in the UK, CIC will find out easily, refuse your application for misrepresentation, and then ban you from Canada for 5 years.

 

[frankomega]

Thanks for your answer but won't they ask

Background and security checks are a lot more thorough for PR applications. If you lie about your travel and overstay history in the UK, CIC will find out easily, refuse your application for misrepresentation, and then ban you from Canada for 5 years.

 

[frankomega]

Thanks for your answer but won't they ask

Background and security checks are a lot more thorough for PR applications. If you lie about your travel and overstay history in the UK, CIC will find out easily, refuse your application for misrepresentation, and then ban you from Canada for 5 years.

 

[frankomega]

Thanks for your answer but won't they ask why I lied on my student visa and use it against me

Background and security checks are a lot more thorough for PR applications. If you lie about your travel and overstay history in the UK, CIC will find out easily, refuse your application for misrepresentation, and then ban you from Canada for 5 years.

 

[canuck_in_uk]

Thanks for your answer but won't they ask why I lied on my student visa and use it against me

Yes, they very well could. You could then expect a 5 year ban for misrepresentation.

 

[frankomega]

Yes, they very well could. You could then expect a 5 year ban for misrepresentation.

It means I should not mention it in my s

Yes, they very well could. You could then expect a 5 year ban for misrepresentation.

Please what do you think I should do now ?I didn't lie to hide anything just that the requirement for the police clearance in UK is a proof of address which is not more than six months and I left the UK more than a year ago and didn't know what to do about it so that was why I said I have never traveled to any other country .

 

[scylla]

You have to be 100% honest in your PR application. That's the only choice.

 

[canuck_in_uk]

It means I should not mention it in my s

Please what do you think I should do now ?I didn't lie to hide anything just that the requirement for the police clearance in UK is a proof of address which is not more than six months and I left the UK more than a year ago and didn't know what to do about it so that was why I said I have never traveled to any other country .

You have no choice about mentioning it. As scylla said, IRCC will easily find out. You committed fraud and may face the consequences of that.

Also, you could have avoided all of this if you had read the ACRO instructions properly for the UK PCC. It doesn't state anywhere that the proof of address requirement must be for an address in the UK. The requirement is simply for proof of address not older than 6 months, whatever country that address may be in.

 

[frankomega]

Now I get it I didn't know, so please what so I do to avoid the 5 years ban. Am really confuse now .