Mexican Girlfriend Living Illegally in US

[alemoo]

Hello everyone!

I met my girlfriend (Mexican national) online, and for about two years, she has been living and working illegally in the US under a different name and fake social security number. Our plan is to have her get on the bus and move back to Mexico in two months, and then I can visit her a few times, and eventually get married, and sponsor her and her daughter to move to Canada with me.

I have chat logs and documentation of our relationship, including photographs of presents that I mailed to her in the US, and Canada Post shipping receipts, and Western Union money transfers to help her out...also chat logs of conversations I had with her mother in Mexico.

My concern is: When I apply for family class sponsorship for her and her daughter (who lives with the grandmother in Mexico), I think she should be 100% honest about what happened. Would she be criminally charged if I apply for Family Class sponsorship and explain everything that had happened? Would that be an automatic refusal? I just want to make everything legal and legit and done right. I really think we should not lie about it (not say that she never entered the US under a different name and fake SSN).

She will be moving back to Mexico in a few months of course...but how can we fix this?

 

[scylla]

Yes - she needs to be 100% honest about her history. It will be forgiven provided she is honest. It's only going to become a problem if she lies.

Make sure you provide as much evidence as you can to prove your relationship is genuine. If you haven't met her in person yet, then I would recommend you make several trips that are spaced apart before you actually marry her. Otherwise CIC may have concerns she is entering into the marriage solely as a means of getting into Canada.

Note that as soon as she leave the US, she will be automatically barred from returning for a period of 10 years. This will not change once she has Canadian PR (or even citizenship). She will need to stay out of the US for 10 years.

 

[Rob_TO]

Make sure you provide as much evidence as you can to prove your relationship is genuine. If you haven't met her in person yet, then I would recommend you make several trips that are spaced apart before you actually marry her. Otherwise CIC may have concerns she is entering into the marriage solely as a means of getting into Canada.

This cannot be stressed enough, to meet her and her family as much as you possibly can IN PERSON before actually marrying and then sponsoring her. Considering she has lived and worked illegally in the US for so long, is shows she has a strong desire to live someone other than Mexico even if that means breaking the rules. So without a very strong application proving your relationship to her, CIC may feel she is using you simply to gain PR status in Canada. You need to make sure you can convince CIC you are a genuine couple, something that can be a challenge when majority of your time "together" is spent online.

 

[chipolopolo]

This cannot be stressed enough, to meet her and her family as much as you possibly can IN PERSON before actually marrying and then sponsoring her. Considering she has lived and worked illegally in the US for so long, is shows she has a strong desire to live someone other than Mexico even if that means breaking the rules. So without a very strong application proving your relationship to her, CIC may feel she is using you simply to gain PR status in Canada. You need to make sure you can convince CIC you are a genuine couple, something that can be a challenge when majority of your time "together" is spent online.

CIC doesnt care about illegal stays or overs stays in the usa, unless you committed crimes. The application form does require to say your status in the countries you lived but overstay or illegal stay wont affect anything. Even FBI check will come clean as it doesnt include immigration files. So as long as she hasnt commtted crimes she will be fine. Your challenge however is to prove relationship which u seem to have alot of evidence. Good luck

 

[Rob_TO]

CIC doesnt care about illegal stays or overs stays in the usa, unless you committed crimes. The application form does require to say your status in the countries you lived but overstay or illegal stay wont affect anything. Even FBI check will come clean as it doesnt include immigration files. So as long as she hasnt commtted crimes she will be fine. Your challenge however is to prove relationship which u seem to have alot of evidence. Good luck

CIC cares about EVERYTHING the applicant has done in their life that they can determine from the application.

There is a human factor when VOs are reviewing a file, and trying to determine the motives of the applicant and if there is any fraud happening. When an applicant has gone through steps to stay in a country illegally, it shows they don't want to remain in their home country. So to a VO, this can definitely cause suspicion and they will simply scrutinize the application some more to make sure the relationship is genuine. How can you so confidently say a VO won't even consider this, have you personally been a visa officer reviewing PR apps before?

Its lots of little things that can all add up to a VO making a final determination that the applicant is marrying sponsor only to gain immigration to Canada, so the more little things there are the stronger the application needs to be. As long as there is ample proof of a real relationship, then the other things like staying in US illegally will not even matter.

 

[alemoo]

That's exactly how I feel about it too. I was talking with another immigration lawyer (it's always smart to get multiple points of view) and he said the same thing; it's not a big concern of a CIC officer because the point of reviewing a Family Class sponsorship application is to determine the legitimacy of a relationship. Also, it was suggested we each get hand written affidavits from our friends and family members testifying that our relationship is genuine. They should probably be notarized...

 

[Ponga]

That's exactly how I feel about it too. I was talking with another immigration lawyer (it's always smart to get multiple points of view) and he said the same thing; it's not a big concern of a CIC officer because the point of reviewing a Family Class sponsorship application is to determine the legitimacy of a relationship. Also, it was suggested we each get hand written affidavits from our friends and family members testifying that our relationship is genuine. They should probably be notarized...

All Common-Law couples are required to provide at least two notarized letters from family or friends.

 

[Alurra71]

Hello everyone!

I met my girlfriend (Mexican national) online, and for about two years, she has been living and working illegally in the US under a different name and fake social security number. Our plan is to have her get on the bus and move back to Mexico in two months, and then I can visit her a few times, and eventually get married, and sponsor her and her daughter to move to Canada with me.

I have chat logs and documentation of our relationship, including photographs of presents that I mailed to her in the US, and Canada Post shipping receipts, and Western Union money transfers to help her out...also chat logs of conversations I had with her mother in Mexico.

My concern is: When I apply for family class sponsorship for her and her daughter (who lives with the grandmother in Mexico), I think she should be 100% honest about what happened. Would she be criminally charged if I apply for Family Class sponsorship and explain everything that had happened? Would that be an automatic refusal? I just want to make everything legal and legit and done right. I really think we should not lie about it (not say that she never entered the US under a different name and fake SSN).

She will be moving back to Mexico in a few months of course...but how can we fix this?

The highlighted part of your statement. Your girlfriend could be in some serious trouble if she is caught in the US as she could potentially be using another persons information amounting to identity theft. That is a federal crime. Once she discloses that she has lived in the US for 2+ years she will need to obtain an FBI certificate. She will need to use the name/information that she has been using while in the US.

Now, CIC likely won't care one iota about this particular information, but it is going to draw some obviously unwanted attention from the US Gov't.

It would not be wise for you to attempt to hide and/or omit this information because this 'gap' in her living time WILL be seen by CIC and inquired about. If they find you have tried to omit or hide information that is misrepresentation and you can pretty well kiss any kind of sponsorship goodbye at that point.

Good luck to you and your future spouse.

 

[chipolopolo]

CIC cares about EVERYTHING the applicant has done in their life that they can determine from the application.

There is a human factor when VOs are reviewing a file, and trying to determine the motives of the applicant and if there is any fraud happening. When an applicant has gone through steps to stay in a country illegally, it shows they don't want to remain in their home country. So to a VO, this can definitely cause suspicion and they will simply scrutinize the application some more to make sure the relationship is genuine. How can you so confidently say a VO won't even consider this, have you personally been a visa officer reviewing PR apps before?

Its lots of little things that can all add up to a VO making a final determination that the applicant is marrying sponsor only to gain immigration to Canada, so the more little things there are the stronger the application needs to be. As long as there is ample proof of a real relationship, then the other things like staying in US illegally will not even matter.

I meant her legal status wont after her application unless she was applying for a visitor visa. OVerstay or illegal stay is not a risk factor for pr applicants. i have done research on many cases, and personally know people who have been in such situations. Many many people have applied while living illegally in another country. What would be an issue in this case is her working using another name, as that will can lead to other charges which may result in criminal inadmissibility.

 

[Rob_TO]

I meant her legal status wont after her application unless she was applying for a visitor visa. OVerstay or illegal stay is not a risk factor for pr applicants. i have done research on many cases, and personally know people who have been in such situations. Many many people have applied while living illegally in another country. What would be an issue in this case is her working using another name, as that will can lead to other charges which may result in criminal inadmissibility.

Yes I agree the overstay in itself is not an issue. The issue (aside from identity fraud) I am explaining is having a VO suspicious of a fraudulent marriage where the applicant is only marrying the Canadian to get PR status, and intends to leave the sponsor after their 2 year conditional status is completed. If you read cases of apps that are rejected for this reason, things they have in common are:
1. The applicant is seen to have a strong desire to leave their own country for Canada. This is seen here by the applicant already having lived illegally in the US, which must be disclosed to CIC.
2. The relationship with sponsor is largely long distance. Again this is seen here by a mainly online relationship, and they will only "visit a few times" before getting married.

I am just recommending that LOTS of effort be put into gathering proofs that show the relationship is truly genuine, and to meet as many times in person and each time for as long as possible, before getting married. The sponsor's relationship with applicant's child may also be a big concern to a VO.

 

[chipolopolo]

Yes I agree the overstay in itself is not an issue. The issue (aside from identity fraud) I am explaining is having a VO suspicious of a fraudulent marriage where the applicant is only marrying the Canadian to get PR status, and intends to leave the sponsor after their 2 year conditional status is completed. If you read cases of apps that are rejected for this reason, things they have in common are:
1. The applicant is seen to have a strong desire to leave their own country for Canada. This is seen here by the applicant already having lived illegally in the US, which must be disclosed to CIC.
2. The relationship with sponsor is largely long distance. Again this is seen here by a mainly online relationship, and they will only "visit a few times" before getting married.

I am just recommending that LOTS of effort be put into gathering proofs that show the relationship is truly genuine, and to meet as many times in person and each time for as long as possible, before getting married. The sponsor's relationship with applicant's child may also be a big concern to a VO.

thats true

 

[Epsilon]

On the visa application forms there is no questions asking if you have stayed illegally in any country before so how do you inform CIC? I still strongly believe her illegal stay is not an issue if she don't have any previous criminal record in the US. Like others said before work more on your relationship and build a solid file for your application, you will be fine.

 

[rhcohen2014]

On the visa application forms there is no questions asking if you have stayed illegally in any country before so how do you inform CIC? I still strongly believe her illegal stay is not an issue if she don't have any previous criminal record in the US. Like others said before work more on your relationship and build a solid file for your application, you will be fine.

in the personal history section, it asks for location, activity and STATUS. therefore, a person who is working illegally in the US for a long amount of time needs to say either no status or non-resident, or something like that. i'd imagine saying so will certainly prompt a deeper investigation into someone's legal standing in a country they are claiming residence. the personal history section can't have "breaks" or else it will prompt further investigation. not saying anything or lying about their status can be considered misrepresentation and cause more serious problems.

 

[chipolopolo]

in the personal history section, it asks for location, activity and STATUS. therefore, a person who is working illegally in the US for a long amount of time needs to say either no status or non-resident, or something like that. i'd imagine saying so will certainly prompt a deeper investigation into someone's legal standing in a country they are claiming residence. the personal history section can't have "breaks" or else it will prompt further investigation. not saying anything or lying about their status can be considered misrepresentation and cause more serious problems.

yes in personal history it will have to be included. Also in applicants generic form you will need to write dates ,and type of visa you were living in in the usa. However as i said before the overstay, and working in the usa will not affect her(i know this first hand. It is a civil case, and not criminal. Reason why it doesnt even show on your FBI check). Infact CIC, USCIS and CBSA have a shared database so they will know your entire immigration history in the usa. BE HONEST COMPLETELY. The officers also will condsider that if u indeed are just looking to immigrate, it would obviously be easier for u to just marry an american, and stay where u are. The issue will be getting a background check. What name is she going to use? Also i think she does qualify under the new presidential order to stay in the usa unless she has been committed of a dangerous crime or terrorism. The new order passed last november 2014 to stop deportation of illegal immigratants

 

[brucem]

yes in personal history it will have to be included. Also in applicants generic form you will need to write dates ,and type of visa you were living in in the usa. However as i said before the overstay, and working in the usa will not affect her(i know this first hand. It is a civil case, and not criminal. Reason why it doesnt even show on your FBI check). Infact CIC, USCIS and CBSA have a shared database so they will know your entire immigration history in the usa. BE HONEST COMPLETELY. The officers also will condsider that if u indeed are just looking to immigrate, it would obviously be easier for u to just marry an american, and stay where u are. The issue will be getting a background check. What name is she going to use? Also i think she does qualify under the new presidential order to stay in the usa unless she has been committed of a dangerous crime or terrorism. The new order passed last november 2014 to stop deportation of illegal immigratants

However, the OP did state that his girlfriend is using fraudulent documents which I presume is a criminal offence in the US so contacting FBI for a background check will alert them to that fact given she will need to disclose the name she has been living under for the check. What action they will take is anyones guess.