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File from US or JA?

proro1974

Newbie
Oct 15, 2010
1
0
I'm illegal in the US for 3 years now. I had a 1 year visa that expired. My wife and I got married last month. Right now we're trying to decide whether we can/should file from Buffalo or whether I should go back to JA and have it done from Kingston. I have applied for the FBI clearance just this week. I know I will need a police letter from Ja but that can be done here or in JA so no problem. I just don't want any problems with CIC if it can be avoided and it can be hard to sift through all the information and make the best decision.
 

heatherusa

Hero Member
Mar 23, 2010
790
64
Edmonton
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
05-05-2010
File Transfer...
14-06-2010
Med's Done....
22-04-2010
Interview........
Not required
Passport Req..
08-10-2010
LANDED..........
26-10-2010
proro1974 said:
I'm illegal in the US for 3 years now. I had a 1 year visa that expired. My wife and I got married last month. Right now we're trying to decide whether we can/should file from Buffalo or whether I should go back to JA and have it done from Kingston. I have applied for the FBI clearance just this week. I know I will need a police letter from Ja but that can be done here or in JA so no problem. I just don't want any problems with CIC if it can be avoided and it can be hard to sift through all the information and make the best decision.
My understanding of the rule is that you may apply from a location where you have been Legally admitted for a period of one year or more. I am not sure where that is located on the web site but I have heard it many many times.

I would expect that would mean that your application should be processed through JA. But you can do an outland application while in Canada. I dont know if you can file an outland application while you are in a location other than where you are filing from. Maybe someone else can provide more insight.
 

bonbon9

Hero Member
Jul 7, 2010
623
34
ON, Canada
Category........
Visa Office......
MX
Job Offer........
Pre-Assessed..
App. Filed.......
09/15/2010
AOR Received.
12/02/2010
File Transfer...
10/14/2010
Interview........
WAIVED
Passport Req..
02/23/2011
LANDED..........
05/17/2011
heatherusa said:
My understanding of the rule is that you may apply from a location where you have been Legally admitted for a period of one year or more. I am not sure where that is located on the web site but I have heard it many many times.

I would expect that would mean that your application should be processed through JA. But you can do an outland application while in Canada. I dont know if you can file an outland application while you are in a location other than where you are filing from. Maybe someone else can provide more insight.
Hi heatherusa!

Yes, he can file his outland application while being in a third country. I think the best way is to mention that he has no legal status in the USA, and choose carefully 6. a) b) and c) on page 3 of IMM 1344A.
 

canadianwoman

VIP Member
Nov 6, 2009
6,200
284
Category........
Visa Office......
Accra, Ghana
Job Offer........
Pre-Assessed..
App. Filed.......
30-01-2008
Interview........
05-05-2009
proro1974 said:
I'm illegal in the US for 3 years now. I had a 1 year visa that expired. My wife and I got married last month. Right now we're trying to decide whether we can/should file from Buffalo or whether I should go back to JA and have it done from Kingston. I have applied for the FBI clearance just this week. I know I will need a police letter from Ja but that can be done here or in JA so no problem. I just don't want any problems with CIC if it can be avoided and it can be hard to sift through all the information and make the best decision.
Since you are illegal in the USA, you cannot file through Buffalo. You can stay in the USA and have the file processed through Jamaica. If an interview is required, you will have to go to Kingston for it, and therefore probably won't be able to get back into the States.
Having stayed illegally in the States will not look good for your application, so include a lot of proof that your relationship is genuine - you will need more than the average applicant would need.
 

JD-ALI

Member
Apr 10, 2013
10
0
My spouse is going to lodge an application to MPNP under family stream. She has a close relatives living in Winnipeg.
While my family lives in the Philippines, I am living and working in the U.S. on a tourist visa for almost 3 years, needless to say im out of staus
I guess my question will be:

Will it be prudent to declare it my application ,include my work experience in the USA and continue working here in the US until
a decision on the apllication is met. Or go back to the Philippines before we submit the application.

And also would I also need and FBI background check?