Canadian Marrying Illegal Mexican in Kansas

[alemoo]

I am a Canadian citizen and have a Mexican national girlfriend who is living/working illegally in Kansas.

The original plan was to have her leave in April to Mexico (so she is no longer an illegal alien), and I would fly to Mexico to marry her, and then apply for family class sponsorship, and then bring her to Canada. However, I want to consider a different approach. She has a well paying job where she is now, so I want to have her remain there for a while and continue saving money, before moving back to Mexico. I'd like to marry her in Kansas in April, and a few months later she would return to Mexico while awaiting the Family Class Sponsorship.

Can her passport and Mexican birth certificate be used for identification? Her passport obviously won't have a record of her being in the US. I'm trying to find a way to make this a legally-recognized wedding. I don't believe that legal status is a prerequisite for a US marriage.

 

[AshleyAnne]

Honestly your chances are more likely better her going back to Mexico for the wedding, when I got married in Texas one of us had to be a Texas resident in order for mail to be received and if they realize she is illegal she could get deported right then and there, a wedding may be legal without being resident, but she still can be deported at anytime.
Good paying job and such aren't really worth it I would think. Why can't she get up to Canada as a visitor? Then you could get married in Canada and not worry about deportation. Just a thought. and Probably more enjoyable than living in mexico.

 

[Alurra71]

Here is what you need to know about getting married in Kansas http://usmarriagelaws.com/ks_kansas/marriage_licenses/

Just be aware they they will likely do a quick check in the 3 days prior to physically issuing the license to get married which may turn up her illegal status.

 

[alemoo]

Argh. Impatience is dangerous. I think we're just going to play it safe and get her back to Mexico and tough it out there. I don't want to risk everything for convenience.

 

[Rob_TO]

Being illegal in the US on it's own may not be a problem for Canada, but in your previous posts you mentioned she is using a fake ID and fake social security number to work. These are federal crimes in the US and if discovered she may not just face deportation, but be arrested and face criminal charges as well. And if that happens she will find the PR process to Canada incredibly difficult.

I wouldn't do ANYTHING in the US that would cause them to discover her situation. If she got married there, would she get married in her fake name or her real name? I would leave the US immediately and apply from Mexico.

I really don't know how she will go about getting FBI check in the US, or what that will turn up. If she entered the US with fake information, they will have no record of her ever being in the US so will be unable to issue an FBI report. So no clue how that will work into her PR application to Canada if she is honest about living in the US for so long.

 

[Ponga]

Being illegal in the US on it's own may not be a problem for Canada, but in your previous posts you mentioned she is using a fake ID and fake social security number to work. These are federal crimes in the US and if discovered she may not just face deportation, but be arrested and face criminal charges as well. And if that happens she will find the PR process to Canada incredibly difficult.

I wouldn't do ANYTHING in the US that would cause them to discover her situation. If she got married there, would she get married in her fake name or her real name? I would leave the US immediately and apply from Mexico.

I really don't know how she will go about getting FBI check in the US, or what that will turn up. If she entered the US with fake information, they will have no record of her ever being in the US so will be unable to issue an FBI report. So no clue how that will work into her PR application to Canada if she is honest about living in the US for so long.

But is she was only using the fake documents to work, she would not be guilty of identity theft, as was discussed in one of the OP's other threads.

Even still...it sounds like a messy situation.

 

[alemoo]

I called a border officer in Texas and asked what would happen. They said that there are no security checkpoints when you are driving from TX into Mexico, but sometimes they will stop the bus. If that happens, she'll be "processed" but they will just let her go. Hopefully if that happens, it won't take hours, causing her to miss the bus.

 

[Rob_TO]

But is she was only using the fake documents to work, she would not be guilty of identity theft, as was discussed in one of the OP's other threads.

Even still...it sounds like a messy situation.

Yes there are lots of things this is dependent on, such as if a case could be made she used the fake docs to defraud the government, or if she used someone else's documents. There is a fine line between what would lead to criminal charges, and what would just involve in deportation.

Either way, all of this should be disclosed to CIC in the PR app, and I'm still at a loss as to how the FBI check will need to be handled to satisfy CIC.

 

[Alurra71]

Yes there are lots of things this is dependent on, such as if a case could be made she used the fake docs to defraud the government, or if she used someone else's documents. There is a fine line between what would lead to criminal charges, and what would just involve in deportation.

Either way, all of this should be disclosed to CIC in the PR app, and I'm still at a loss as to how the FBI check will need to be handled to satisfy CIC.

She would have to be fingerprinted, use her 'given' name and then write the name she has 'assumed' in the field provided for 'aliases' .... She would need to use ALL names she has used since 18 whether they are her given name or one she has assumed to obtain work.