Out of status in the us. Can I get married with my canadian citizen's bf?

[nice_ladies]

Could you please help me!!!



Hello everyone in forum, Does anyone know about being out of status in the us. for 2 years. I had 1 year valid J-1 visa and before my visa eepired I applied for student (f-1)visa and I got denied SO, I have been overstay since then. But now since economy crisis my boyfriend lost his job in the us. and he just went back to his country(Canada)and just started a new job. I have a few question for whoever know and can answer for me this would be really apprciated very much in your help.

Question:
1. Will i be able to apply the visa from here since I am overstay for 2 year but had valid for 1 year before.
2. Should I apply to temopary visa (fiancee') or PR as a spouse will have more chance to get a visa?
3.If I apply from here when the embassy know that I am out of status,will i get to deport out of the us.?
4.Does anyone know if the lawyer could help and could you please give me lawyer's information?


Thank you for evryone looking for my topic and hopfully we can figure it out!!!!

 

[Leon]

1. Yes, you can apply from the US.

2. There is no fiance visa in Canada. You need to get married or you need to have lived together for 12 months.

3. No

4. You can try the lawyer on this board, www.canadavisa.com

 

[nice_ladies]

Thank you for your answer!! But do I qualify for a temporary visa, we actually have plan to get married soon. But if it yes, after I arrive to canada can I start to do paper for PR and get married there?



Manyyyyy Thanks, Leon

 

[Leon]

Yeah, you think they will give you a temporary visa after you overstayed in the US for 2 years? I think that's highly unlikely. You can try it but don't be surprised if they say no. You can marry in the US, apply for your immigration through the US and you will get your PR in 5-10 months.

 

[nice_ladies]

Thank you, now i will talk to my boyfriend about this because he surely that i can apply...but i know that after i applied and get denied maybe this also make for my PR more difficulty.



Thank you!!!!

 

[Leon]

I don't think getting denied for a visit visa will affect your PR at all. Spouses get denied visit visas all the time. Immigration sometimes just doesn't believe they will leave again.

 

[annemyrtle]

Hi nice lady

I am in the same situation as you, not exactly but close.
My husband of 2 years is a Canadian citizen, but he was working here in the US for several years and then last year he was let go, so we decided it best for us to move to Canada with our son. I am also like u, w/ regards to status. We don't have a lawyer but we have a representative, he basically is our guide to what needs to be done.
Our papers were filed end of April '09 and he got approve as sponsor in May, my papers for PR is in process right now...
All I can advise you is be patient and I think it's best for u to get married here since u can't really get out of the country anyway. If u are not married, u can apply as "Conjugal partner" I think that's what they call it. But you have to prove that you ate living or have lived together for atleast a year or so.
I would like to help u as best as I could, so feel free to ask.

 

[annemyrtle]

Oh, I forgot to tell you, you need to prepare yourself too for the times that you will be apart from each other. My husband and my son left for Canada last december and we Try to survive as a family by them visiting me here like every 2 months.
That's the hard part.

 

[nice_ladies]

Thank you "annemyrtle".I hope you good luck and get good new soon. For your case i think you should not too worried about because you are both already married just maybe the process it take a little longer,i really wish this will go through soon for you! Now I am still doing reasearch for best solution for me and my boyfriend. H really want me to apply for visitor from here the us. but i know it is very likely to get a visa and try to explain but he still wanted me to apply and get marriaged to apply for inland. Now I am so stress because i know that they not going to approve,So hard to explain for him. I am now start thinking about the skill worker (PR) so that I can do by myself but the thing is now one lawyer told me that when i had J-1 student exchange visa and in my visa on passport said 2 years rule does not apply. thailand he said this mean i can not apply here in the us. I really worry now if someone know about this please reply. Thankkkkkk you~

 

[annemyrtle]

I understand your frustration, but like Leon said it is very unlikely for them to approve for Tourist Visa. But who can definitely say, you might get lucky.
Also tell your BF that the PR process is faster if applied Outland than inland anyway.
Anyways, good luck to you!!!

 

[saralune]

If she is out of status wouldn't she have to apply from the office in her home country ??

 

[annemyrtle]

Not necessarily, since she entered the US with a Valid Visa for a year she can have it process here in Buffalo. But of course if ever they decide to apply her PR process, its still the discretion of the officer to process it here or transfer it to her home country. Her problem is they need to figure out how they want to do it, since they are only in the process of Planning to get Married.
Prooving genuine relationship is the Key!!!

 

[nice_ladies]

Thank you very much, I am still researching the best solution and look into the PR as skill worker. I talked to one lawyer in LA. that he is chinese-american. He said the process should be 12 month or a little less since the process now faster with the computer.But he said my 1 year valid visa that i had it is J-1 student exchange and there is a print on vasa page that 2 year rule something on there which mean a waiver and h said I can not apply from here either skill worker or if i get married with my bf. I am doubt with this since I am getting better when I read your replied on this site and there is a chance so i don't need to apply from my home country that i really don't want to go back because of I am working here for saving the money before moving to canada

 

[nice_ladies]

Hi annemyrtle,

How is your process rightnow?I am sorry i have been busy and today just get a chance to check on the site again. I thank you for your help for suggestion and I hope to hear good new to you soon!


Cheer!

 

[Alice100]

Hi NiceLady:

I think you need to have a legal status in the Unites States in order for immigration to process your application from Buffalo (Canadian High Commission in the U.S). I also think by virtue of you being in the U.S illegally will jeopardize your application. If I were you, I would marry the guy, but process my application from my home country. In other words, provide them with a mailing address in your home country and then you could travel to your home country when it is time for the interview. If your application gets to the interview stage, you would be on a sure deal. Your guy can come visit you in the U.S and at the same time continue working while you are processing the application.

If you process your application from Buffalo, the immigration officer will examine your passport at the time of the interview or when he is issuing the visa, and might notice that your visa expired, but if your application is processed by your home country, the immigration officer will not realise that you overstayed or stayed in U.S illegally since I think they do not stamp in passport for people who are exiting the country.

For the TRV, I am not sure if the regulation changed but in the past you had to process it from your home country.

My info, is not good news but may be other members will comment and clarify or prove me wrong. Otherwise good luck with whatever your decide to do.