need help ASAP

[kristy27]

Greetings,
I am currently out of status in the us. I came in the us on H4 visa but unfortunately I lost my status since 2012. Currently I am interested in a guy who is work permit holder in Canada also he is having provincial PR.
He is in the process for Federal PR. Now my question is how can I enter legally in Canada? do we have to marry first and wait for his PR or can I get student permit from US or I have to go back my country. But I am afraid if I go back country I might not going to get visa !

 

[scylla]

There's zero chance a study permit, visitor visa or work permit will be approved for you given you've been out of status in the US for five years. All of these required that you show you have strong ties to your home country and have no plans on remaining in Canada long term. Even if you return to your home country and apply from there, you will still be refused due to your very long US overstay and the fact that you effectively have no ties to your home country.

If you are in a serious relationship with the Canadian work permit holder, you should get married so that he can include you when he applies for PR. You will only be able to come to Canada once the PR visa is approved.

Note that as soon as you leave the US, you will be banned from re-entering for 10 years and won't be able to visit or otherwise enter the country for the next decade.

 

[kristy27]

There's zero chance a study permit, visitor visa or work permit will be approved for you given you've been out of status in the US for five years. All of these required that you show you have strong ties to your home country and have no plans on remaining in Canada long term. Even if you return to your home country and apply from there, you will still be refused due to your very long US overstay and the fact that you effectively have no ties to your home country.

If you are in a serious relationship with the Canadian work permit holder, you should get married so that he can include you when he applies for PR. You will only be able to come to Canada once the PR visa is approved.

Note that as soon as you leave the US, you will be banned from re-entering for 10 years and won't be able to visit or otherwise enter the country for the next decade.

Thank you

 

[kristy27]

There's zero chance a study permit, visitor visa or work permit will be approved for you given you've been out of status in the US for five years. All of these required that you show you have strong ties to your home country and have no plans on remaining in Canada long term. Even if you return to your home country and apply from there, you will still be refused due to your very long US overstay and the fact that you effectively have no ties to your home country.

If you are in a serious relationship with the Canadian work permit holder, you should get married so that he can include you when he applies for PR. You will only be able to come to Canada once the PR visa is approved.

Note that as soon as you leave the US, you will be banned from re-entering for 10 years and won't be able to visit or otherwise enter the country for the next decade.

but is that worth to wait until he gets his PR ? I mean will I able to go Canada legally ? He told me it might take 2 years from now until he gets his PR.

 

[scylla]

but is that worth to wait until he gets his PR ? I mean will I able to go Canada legally ? He told me it might take 2 years from now until he gets his PR.

You will be able to go to Canada legally once YOU have an approved PR visa.

I can't comment on whether it's worth waiting. That's really up to you.

Good luck.

 

[jman25]

but is that worth to wait until he gets his PR ? I mean will I able to go Canada legally ? He told me it might take 2 years from now until he gets his PR.

Whether the wait is worth it or not is entirely up to you and him. Also, its not just about getting married. If you do get married to him when his PR application has been approved there is a heavy burden of proof to show that the relationship is legitimate.

You'll need pictures, letters, text messages, air tickets if he has ever visited you etc.

Also, you will both need to fill out individual forms in a spousal sponsorship application, documenting everything about your background. You will need to disclose your current country of residence and your status there, when that status started and when it ended. Seeing that you have been out of status for 5 years I am not sure how well that will work out for you in a spousal sponsorship application.

 

[kristy27]

You will be able to go to Canada legally once YOU have an approved PR visa.

I can't comment on whether it's worth waiting. That's really up to you.

Good luck.

thank you

 

[kristy27]

Whether the wait is worth it or not is entirely up to you and him. Also, its not just about getting married. If you do get married to him when his PR application has been approved there is a heavy burden of proof to show that the relationship is legitimate.

You'll need pictures, letters, text messages, air tickets if he has ever visited you etc.

Also, you will both need to fill out individual forms in a spousal sponsorship application, documenting everything about your background. You will need to disclose your current country of residence and your status there, when that status started and when it ended. Seeing that you have been out of status for 5 years I am not sure how well that will work out for you in a spousal sponsorship application.

Thank You