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Implied Status regarding Spousal Sponsorship

futuremrsn

Newbie
Sep 26, 2013
4
0
Okay, this is going to be a bit long, but please bear with me.
I live in the US. I’ve been here since 2007, when I was still under 21 years old. My dad had an H1-B visa, and he got us from the Philippines under an H4-Dependent visa. When we got here, the process for our green card started as soon as we were able to afford it, which was still within the expiration of our H4s. I met my now husband during that time, and we had high hopes that we could have regular visits to each other’s homes when my green card came out.
A couple of months, maybe a year and a half, since the submission, we received the requests for the live scan, the medical, received our temporary travel documents, temporary work authorizations, basically the last step most people get before the actual card.
Fast forward to now. I’m married to my Canadian significant other, and still no green card. Our temporary papers have long expired, due to a long stall that happened with our green card due to a problem with my dad’s employer. My husband has decided to sponsor me, because at the moment, we can’t live in the same country for more than six months unless he applies to work here. Frankly, we both think it would be easier to just get me to Canada since he already has work there, and if he decides to apply for here, we might end up in the same situation.
So our question now is regarding my status.
I don’t know what status I should be. On one side, I have no green card and expired papers, so technically I think I’m undocumented. On the other side, I do have documents, I came here legally, and I have papers, although they are expired. So we think I qualify under the term "Implied Status", although we can't be 100% sure about this, and would really like to be sure before submitting anything. We don't want something as small as the wrong term to have our papers be rejected.
We’re having a hard time understanding the legalese for our paperwork, and we’ve gone a bit desperate. We figured we aren’t the only ones having or have had this problem, so hopefully we can get a bit of clarification and answers.
Like if you had gone through this, how?? And if you’re going through this, still how??
TLDR: My husband wants to sponsor me under Family class sponsorship, but I don't know what my status is to put on our paperwork, and so we can submit it to the proper channels.
Just any little piece of advice and help would be very beneficial for us. This is the biggest clutch to our submission, the final, final step before sending it out so we’re really nervous about the whole thing.
Thank you.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,198
Visa Office......
London
App. Filed.......
06/12
Don't know how it works in the US, whether you have status or not. Different country, different rules.

Regardless, I believe that there is an option for status to select "Other". Include a letter of explanation and copies of your expired/green card documents to back it up.
 

scylla

VIP Member
Jun 8, 2010
93,877
21,053
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Implied status is specific to Canada and Canadian immigration rules. It's not used in the US. If you don't currently hold a valid visa in the US - then you should say other or no status and then explain with a letter.

BTW: I don't believe you can be included in your parents' green card application as a dependent once you're married (i.e. getting married removes you from the application as a dependent). Might want to check that out on a good US immigration forum. I would find out what your status is in the US given what has been filed and what will happen if you don't proceed with the green card application or are dropped from the green card application (i.e. if this means that you will now be regarded as having accrued an overstay in the US). The US is far stricter with overstays than Canada - there's a possibility you may be facing a ban if you leave.
 

futuremrsn

Newbie
Sep 26, 2013
4
0
Thank you so much for the new information!
But I should have been a bit clearer with my first post. Besides the uncertainties (although reading through the replies, I am certain I have acquired an overstay (although I would have to clarify that with my parents to be sure), we were wondering which visa office the paperwork would be directed to: The LA office (since I reside in the US), or the Philippines (since I am a citizen). Because if it goes to the Philippines, due to my uncertain status, and I am asked for the interview, I wouldn't be able to get back in the US because of the possible ban due to my overstaying.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,198
Visa Office......
London
App. Filed.......
06/12
futuremrsn said:
Thank you so much for the new information!
But I should have been a bit clearer with my first post. Besides the uncertainties (although reading through the replies, I am certain I have acquired an overstay (although I would have to clarify that with my parents to be sure), we were wondering which visa office the paperwork would be directed to: The LA office (since I reside in the US), or the Philippines (since I am a citizen). Because if it goes to the Philippines, due to my uncertain status, and I am asked for the interview, I wouldn't be able to get back in the US because of the possible ban due to my overstaying.
The app will most likely go to Manila.
 

waynenorrisv2

Full Member
Aug 31, 2016
23
0
Ontario
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
20-09-2016
AOR Received.
21-09-2016
File Transfer...
28-10-2016
Med's Done....
sometime in November.
Passport Req..
19-01-2017
canuck_in_uk said:
The app will most likely go to Manila.
Would she still be able to do the in person Interview in the states if they require one? (I'm not even sure if they require them in all cases?)
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,198
Visa Office......
London
App. Filed.......
06/12
waynenorrisv2 said:
Would she still be able to do the in person Interview in the states if they require one? (I'm not even sure if they require them in all cases?)
Interviews are usually only required when IRCC suspects the relationship isn't genuine or if there is a red flag, such as a huge age difference, criminality, etc.

If the app is sent to Manila and an interview is requested, she will need to travel there.