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Out of Status Visa in the US before marrying Canadian PR Spouse

LDRLDM

Full Member
Oct 8, 2016
46
0
Hello everyone. I'm new here in this forum.

I was looking for a similar case like mine but failed to find one, hence this thread. I just want to ask about my case.
I had an OUT OF STATUS US Tourist Visa for 4 years before I married my Canadian PR Spouse.
Would it matter in my application or would they think I only married my spouse to get out of the hole I've been in the US?
I had no criminal case, I just overstayed my visa without really thinking about its repercussions, and the circumstances back then were out of my hands. I was actually forced to stay to earn a living and help my family.

I wasn't deported either. I left on my own volition. My parent filed a petition for me in the US but unfortunately I was already above 21. When my parent filed the petition, I belonged already to the F2B Category, 21 above and Unmarried. Before I went to the US my spouse and I were already together for a couple of years. We were from the same country. And upon looking into our future, we decided I should stop waiting for my status to be adjusted in the US because it was really a long shot. Like 5 more years of waiting with an Out of Status Visa. And we don't want to be away from each other anymore. Since my spouse was already a PR in Canada, my spouse decided that it's best to bring me to Canada instead.

We got married earlier this year. Our application will be filed at the end of this year.

I'm worried because the Canadian Officer who'll look into my case might only think that our marriage was the only way I can go to Canada. Please help me because I'm also afraid of the things that might happen because I overstayed a visa. Please enlighten me on this.

THANK YOU SO MUCH.
 

scylla

VIP Member
Jun 8, 2010
95,115
21,663
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
It's quite possible CIC may look into your relationship more closely because of your past immigration history in the US. However as long as you have strong evidence of a genuine relationship with your spouse - you should be fine. I assume you met each other well before getting married and visited each other a number of times before the marriage.

Be aware that you now have a 10 year ban from re-entering the US. Make sure you don't attempt to re-enter until at least 10 years have passed since the date you left.

Good luck.
 

LDRLDM

Full Member
Oct 8, 2016
46
0
scylla said:
It's quite possible CIC may look into your relationship more closely because of your past immigration history in the US. However as long as you have strong evidence of a genuine relationship with your spouse - you should be fine. I assume you met each other well before getting married and visited each other a number of times before the marriage.

Be aware that you now have a 10 year ban from re-entering the US. Make sure you don't attempt to re-enter until at least 10 years have passed since the date you left.

Good luck.
Thank you for the response. I was wondering if I should include my reason of overstaying in the US in the development of our relationship because it clearly made an impact on our relationship as it was the reason for us to enter a Long Distance Relationship. I'm having a real hard time proving the relationship genuine because we haven't seen each other for 4 years while I was in the US. My spouse only visited me thrice there, once per year, for the past three years. And when we got married, my spouse only had a short vacation back home because he needed to go back to Canada as soon as possible because of work commitments. Thanks a lot!