Marrying an illegal in US who is allowed to stay in US & wanting to Sponsor her.

[HelloWorld]

I am a canadian citizen marrying a girl who was brought to the US as a 6 year old... & her visit visa expired as she was a little girl so she over stayed the visa (I mean come on she was a little toddler) . She has been living in US illegally for years now... She recently recieved DACA (Deferred Action for Childhood Arrival) so basically she is now legally/lawfully allowed to stay in US & she also got approved for a work permit in US she has a social security number too now & also has a state ID she's pretty much "legal" in a way but yet still illegal.... I love her I've known her since March 2012 ... This is a genuine marriage.... My thing is some people in my family are telling me that she won't be able to get spouse immigration to Canada , & some are saying it will take Sooo many years ... So what's the situation ... I need some input on this. Please help !!

 

[hubby chubby]

Well, the important part here is that the US is allowing her to stay in their country. Meaning, she is a US national now. If that is the case, then she isn't illegal anymore. I don't believe she will have any major issues regarding sponsership. Certainly, for the US is doesn't take "so many years". If they will approve her to come to Canada?, I think she has a valid chance. I say go for it, love is to big to not try.

Good luck.

quote author=HelloWorld link=topic=129330.msg1970911#msg1970911 date=1356499894]
I am a canadian citizen marrying a girl who was brought to the US as a 6 year old... & her visit visa expired as she was a little girl so she over stayed the visa (I mean come on she was a little toddler) . She has been living in US illegally for years now... She recently recieved DACA (Deferred Action for Childhood Arrival) so basically she is now legally/lawfully allowed to stay in US & she also got approved for a work permit in US she has a social security number too now & also has a state ID she's pretty much "legal" in a way but yet still illegal.... I love her I've known her since March 2012 ... This is a genuine marriage.... My thing is some people in my family are telling me that she won't be able to get spouse immigration to Canada , & some are saying it will take Sooo many years ... So what's the situation ... I need some input on this. Please help !!
[/quote]

 

[HelloWorld]

So will she not have to go back to her country ?? We don't want that to happen honestly

 

[scylla]

She originally entered the US on a visit visa (rather than her parent's work visa) - correct? If so, this means that her application for PR will have to be processed through her home country visa office (not through the US). She can submit the application from the US. However if an interview is required, it will be held in her home country as well (not in the US). So yes - there's a chance she may have to return to her home country to complete the process.

Although she falls under DACA, she is still an overstay in the US and the overstay rules will apply to her as soon as she leaves the US. What this means practically is that as soon as she leaves the US she will be automatically banned from returning to the US for 10 years. So if she has to return to her home country for an interview, returning to the US won't be an option (because she will have triggered the 10 year ban) and she will have to wait it out in her home country (or another country) until Canada approves her PR visa. If an interview isn't required, she will be automatically banned from the US when she leaves the US to land in Canada and become a PR. Note that obtaining Canadian PR and even Canadian citizenship will not change the fact that she has a 10 year ban from the US. I mention this in case she has family there and so that she will understand that once she leaves, she's not coming back for at least 10 years.

Hope this helps.

 

[HelloWorld]

Yes her family & she knows that well they are the ones who fixed our marriage . Is there anyway we can somehow waive the interview ? Is there anyway they can consider the fact that she was just a toddler when she over stayed her visa she had no control obviously she was only 6. She's never been to Pakistan, but that's her citizenship country she's never even visited Pakistan in her life ... Isn't there anyway ?? We have no problem with the interview.... Just where the interview may be is the only problem.
& I just really want her to get over here easily & legally

 

[scylla]

Whether an interview is held is up to CIC - there is nothing you can do to guarantee an interview won't be needed. Interviews are typically held when CIC wants more information about the applicant and the relationship. You can try to reduce the chance of an interview by providing strong supporting evidence for your relationship. The fact she has no status in the US likely increases the changes that an interview will be held.

 

[canadiangirl78]

My husband was brought to the US when he was 9. I sponsored him while living in California and now we are in Canada. His illegal status caused no problems and we didn't get an interview so he didn't have to go back to his country of Mexico. We got the visa quite fast too.

 

[HelloWorld]

Canadiangirl78 .... Really how was the process was it hard do you have any suggestions for us so it goes as smoothly as yours ??

 

[canadiangirl78]

Canadiangirl78 .... Really how was the process was it hard do you have any suggestions for us so it goes as smoothly as yours ??

Just be honest. Say she is undocumented in the US. Choose the visa office of her home country. Fill out all the paperwork properly. Support your relationship very well. It really does not affect the visa process at all that she is illegal in the US. However, she will have to get FBI clearance. Start that first because it takes 6 weeks to get back. As long as you don't get an interview, she won't even have to leave the US. She can fly from the US when she goes to Canada. What is your wife's home country?

 

[canadiangirl78]

She originally entered the US on a visit visa (rather than her parent's work visa) - correct? If so, this means that her application for PR will have to be processed through her home country visa office (not through the US). She can submit the application from the US. However if an interview is required, it will be held in her home country as well (not in the US). So yes - there's a chance she may have to return to her home country to complete the process.

Although she falls under DACA, she is still an overstay in the US and the overstay rules will apply to her as soon as she leaves the US. What this means practically is that as soon as she leaves the US she will be automatically banned from returning to the US for 10 years. So if she has to return to her home country for an interview, returning to the US won't be an option (because she will have triggered the 10 year ban) and she will have to wait it out in her home country (or another country) until Canada approves her PR visa. If an interview isn't required, she will be automatically banned from the US when she leaves the US to land in Canada and become a PR. Note that obtaining Canadian PR and even Canadian citizenship will not change the fact that she has a 10 year ban from the US. I mention this in case she has family there and so that she will understand that once she leaves, she's not coming back for at least 10 years.

Hope this helps.

The 10 year ban is definitely true but you can get a non-immigrant waiver (easier to get than the hardship waiver) and then a visitor's visa in order to visit the US. We will be getting a lawyer for that.

 

[HelloWorld]

Canadiangirl78 ... Oh okay tes, of course we plan to be very honest & clear... yes we know about the 10 year ban... We all are much concerned about her getting over here. & her home country is Pakistan (but she has never been there in her life that's why we are so concerned about that)

 

[computergeek]

That will be interesting. It is distinctly possible her application will be processed in Ottawa, as they are taking some of the Islamabad cases. Unfortunately, Islamabad (and Ottawa processing Pakistan files) has very long processing time.

Your case is a bit complicated, I'd strongly suggest working with a good immigration attorney. I don't imagine she can get a visa to Canada, which is unfortunate, as she would be a good candidate for inland spousal PR. With a strong application, though, I suspect she won't have a problem getting approval without an interview.

If she does get an interview, I would suggest applying for a TRV and requesting that it be converted to a TRP if the TRV is refused (which is very likely). She would be requesting "early admission" to Canada. If the interview is successful it is likely that they would grant a TRP to her. I'd be tempted to submit the application directly to the VO at an interview.

It's a terrible combination of crappy immigration policy across two countries.

Good luck!

 

[OhCanadiana]

My husband was brought to the US when he was 9. I sponsored him while living in California and now we are in Canada. His illegal status caused no problems and we didn't get an interview so he didn't have to go back to his country of Mexico. We got the visa quite fast too.

*wave* Thought of you as I read the first few posts so glad to see you're here already

I am a canadian citizen marrying a girl who was brought to the US as a 6 year old... & her visit visa expired as she was a little girl so she over stayed the visa (I mean come on she was a little toddler) . She has been living in US illegally for years now... She recently recieved DACA (Deferred Action for Childhood Arrival) so basically she is now legally/lawfully allowed to stay in US & she also got approved for a work permit in US she has a social security number too now & also has a state ID she's pretty much "legal" in a way but yet still illegal.... I love her I've known her since March 2012 ... This is a genuine marriage.... My thing is some people in my family are telling me that she won't be able to get spouse immigration to Canada , & some are saying it will take Sooo many years ... So what's the situation ... I need some input on this. Please help !!

I am not familiar with US laws so take this with a huge grain of salt. Given your statement that "She recently recieved DACA (Deferred Action for Childhood Arrival) so basically she is now legally/lawfully allowed to stay in US" it may be worth getting some sort of documentation confirming she can legally live in the US legally for at least one year and then applying through CPP-O including that documentation (letter from a lawyer, the relevant laws) and requesting processing through CPP-O. Since she has been in the US since she was so young, CPP-O and US visa offices should be well-equipped to review her documents so they shouldn't send the app to Islamabad from that perspective.

Whether CPP-O accepts to review her case will hinge on whether CIC and the officer reviewing her case considers the DACA sufficient to meet the requirement that the applicant "have been legally admitted for at least one year" to the country they apply through. While she technically wasn't 'admitted' for at least one year she can live there legally now for at least a year from what you describe so it may work.

If not, even if CPP-O forwards it to Islamabad, he application should be input into the queue based on application submission date and given the lengthy processing time in Islamabad you shouldn't lose (much) time by having it go through CPP-O first.

 

[chipits]

How long was her initial visit visa for when she was six? If she was originally admitted for at least a year, no matter how long ago, then she should be able to apply through the American offices as well, as long as she hasn't left the USA since.

I agree with the people that say try to do it through the Ottawa office, and take the risk that they send the file to Islamabad.

 

[HelloWorld]

What is CPP-O ??? & yes She is allowed to stay lawfully in the US for atleast 2 years ... & yes she has everything that any legal person has ... social security number.. State ID .. Work permit ...

& to the last persons response it was six months unfortunately