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lupe

Member
Jan 23, 2008
14
0
hi
my wife is the main applicant to canadian PR. and my have visa for US was expired. can we applay,even i over stayed my visa.
thank you
 

thaiguy

Champion Member
Apr 7, 2007
1,216
4
Vancouver
If you were admitted to the U.S. for at least a 1 year period, then you can apply through the Buffalo office. If you were admitted for shorter periods (even if those periods add up to a year or more), then you must return to your home country to apply.
 

thaiguy

Champion Member
Apr 7, 2007
1,216
4
Vancouver
Is she a green card holder or naturalized citizen? Does she have a work permit? Was she ever admitted to the U.S. legally for at least a 1-year period?
 

lupe

Member
Jan 23, 2008
14
0
yes
she have a working visa. and she is admitted for 1 year. also she applied for green card here,but you know is not going to help me,unless i moved to anther country.
 

thaiguy

Champion Member
Apr 7, 2007
1,216
4
Vancouver
Ok. She can apply for PR through the Buffalo office. And since you are her husband, she can (must) include you in the application.

The problem is what happens if you are deported while the application is being processed? CIC could ask for an interview, which you couldn't attend because you'd be unable to enter the U.S. again. Also, if you had your medicals done in the U.S. and were subsequently deported, you wouldn't be able to do a follow-up exam if they needed it.

You can solve these problems by going back to your home country. Your wife will still be able to sponsor you from the U.S., but you will have to spend some time apart. I suggest you do this anyway, because you're going to need to obtain a birth certificate, school records, etc. from your home country.
 

lupe

Member
Jan 23, 2008
14
0
to Thaiguy

so you think there is no problem for her to applay through Buffalo office.
also if we get to an interview,you think i am going to cause a problem? or not.since i am not the main applicant.

thank for help
 

thaiguy

Champion Member
Apr 7, 2007
1,216
4
Vancouver
Yes, there is no problem for her to apply through Buffalo.

If you go back to your home country for the duration of the application process, then I think you'll have no problems at all.

If you stay in the U.S. and are deported, you could have a lot of problems.

So it's up to you.