Fiance overstayed in USA, where we met. Is PR out of the question?

[scylla]

She'll be back in Mexico for only a month before flying up to Canada separately from me. From what I'm hearing this could raise some red flags I assume. I also have no doubt that the USA has information on her, I'm going to assume for the sake of being thorough that they know to the letter her activities here.

I suppose that all we can do is keep our fingers crossed and form a contingency plan.

Note that she will be automatically banned from the US when she leaves for a period of three years (this assumes her overstay is less than a year). Makes sure she does not try to re-enter the US during this three year period. This applies even if she gets Canadian PR.

 

[sbott]

Note that she will be automatically banned from the US when she leaves for a period of three years (this assumes her overstay is less than a year). Makes sure she does not try to re-enter the US during this three year period. This applies even if she gets Canadian PR.

Yes she will be. She will not be setting foot in the USA either: ever, or until she gets another valid visa some day in the distant future.

 

[canuck78]

Yes she will be. She will not be setting foot in the USA either: ever, or until she gets another valid visa some day in the distant future.

The fact that she has a ban from the US may be visible to Canada. What is also likely visible is the length of her visa from the US and when she left the US. Not hard to see that she overstayed that way. Not trying to come directly from the US is of course good but impossible to tell if she will flagged by CBSA. Impossible to say what will happen but given the very recent overstay it would be understandable if there were concerns. All you can do is attempt and if she gets denied then you will have to get married and sponsor her.

 

[sbott]

The fact that she has a ban from the US may be visible to Canada. What is also likely visible is the length of her visa from the US and when she left the US. Not hard to see that she overstayed that way. Not trying to come directly from the US is of course good but impossible to tell if she will flagged by CBSA. Impossible to say what will happen but given the very recent overstay it would be understandable if there were concerns. All you can do is attempt and if she gets denied then you will have to get married and sponsor her.

A relevant detail is that she'll be crossing back into Mexico on foot, they don't really record anything, so I'm not sure whether or not her date of departure will be obvious. I'm not saying this to be hopeful or anything like that, it's just a relevant detail maybe.

Thankfully, we're quite ready for marriage and were hoping to do that in Canada but if it's Mexico that's not the worst thing. I suppose that's a decent contingency. Her house is on the beach so that makes it easier. Either way we have our fingers crossed and I appreciate your input thus far, it's good to be as prepared as possible even if the news is difficult.

 

[canuck78]

A relevant detail is that she'll be crossing back into Mexico on foot, they don't really record anything, so I'm not sure whether or not her date of departure will be obvious. I'm not saying this to be hopeful or anything like that, it's just a relevant detail maybe.

Thankfully, we're quite ready for marriage and were hoping to do that in Canada but if it's Mexico that's not the worst thing. I suppose that's a decent contingency. Her house is on the beach so that makes it easier. Either way we have our fingers crossed and I appreciate your input thus far, it's good to be as prepared as possible even if the news is difficult.

Unless she is crossing without going through legal borders her application should still appear as overstaying and given that Mexico shares immigration with the US should also lead to ban. Not familiar with the intricacies of the system but the US and Mexico share immigration information so entering Mexico could trigger the ban. Would hope for the best but also have a back-up plan knowing that entry to Canada isn’t guaranteed.

 

[sbott]

Unless she is crossing without going through legal borders her application should still appear as overstaying and given that Mexico shares immigration with the US should also lead to ban. Not familiar with the intricacies of the system but the US and Mexico share immigration information so entering Mexico could trigger the ban. Would hope for the best but also have a back-up plan knowing that entry to Canada isn’t guaranteed.

Certainly understandable. We will discuss a backup plan and look into a new attorney as ours did not provide us with any of this information, which I feel like we should have gotten. I appreciate you taking the time to provide us with this information, both of us thank you.

 

[canuck78]

Certainly understandable. We will discuss a backup plan and look into a new attorney as ours did not provide us with any of this information, which I feel like we should have gotten. I appreciate you taking the time to provide us with this information, both of us thank you.

Best of luck.