Overstayed in the US

[Aboubakr lem]

Hi everyone!
I came to the US with a Visitor Visa and I overstayed now for about 7 months.
I met a girl from Canada and we're about to get married.
So, what the best solution for her to apply for my sponsorship? Should I exit the US and go back to my country in the process or it is okey if I stayed?

 

[Belarusian]

Hi everyone!
I came to the US with a Visitor Visa and I overstayed now for about 7 months.
I met a girl from Canada and we're about to get married.
So, what the best solution for her to apply for my sponsorship? Should I exit the US and go back to my country in the process or it is okey if I stayed?

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html start from official site

 

[Ineedanswers]

Hi everyone!
I came to the US with a Visitor Visa and I overstayed now for about 7 months.
I met a girl from Canada and we're about to get married.
So, what the best solution for her to apply for my sponsorship? Should I exit the US and go back to my country in the process or it is okey if I stayed?

Hi, my husband overstayed in the US. He arrived in 2016 and just left this past January 2020. We got married in the US in August 2018. We submitted his application while he was still in the US. He did his medical and Biometrics while he was still in the US. He submitted his criminal record from the US, as well as from his home country. Some things were a bit more difficult to obtain, but we got it done.

Our application was submitted in January 2019, and he left the US in January 2020 to go back home for his interview. Our application process took the standard 1 year. Please note, during the interview they focused on the fact that he overstayed. However, we were able to convince the immigration officer of the genuineness of our relationship. My husband is now here with me in Canada.

All the best!

 

[canuck78]

Hi everyone!
I came to the US with a Visitor Visa and I overstayed now for about 7 months.
I met a girl from Canada and we're about to get married.
So, what the best solution for her to apply for my sponsorship? Should I exit the US and go back to my country in the process or it is okey if I stayed?

Do you have a long dating history with this woman? Have you seen each other in person for long periods of time? Is this more of an arranged marriage or conservative marriage? Any interviews that are needed will be in your home country. Overstaying will affect future travels until you qualify for Canadian citizenship. It is always best to start limit overstaying to as little as possible but it is a personal choice.

 

[Aboubakr lem]

Hi, my husband overstayed in the US. He arrived in 2016 and just left this past January 2020. We got married in the US in August 2018. We submitted his application while he was still in the US. He did his medical and Biometrics while he was still in the US. He submitted his criminal record from the US, as well as from his home country. Some things were a bit more difficult to obtain, but we got it done.

Our application was submitted in January 2019, and he left the US in January 2020 to go back home for his interview. Our application process took the standard 1 year. Please note, during the interview they focused on the fact that he overstayed. However, we were able to convince the immigration officer of the genuineness of our relationship. My husband is now here with me in Canada.

All the best!

Thank you for your help. That means a lot!

 

[Stephie@31]

Thank you for your help. That means a lot!

I’ve heard they request interviews if they doubt of the genuineness of the marriage... Do you think overstay a visa has to do with the request of the interview?

 

[scylla]

I’ve heard they request interviews if they doubt of the genuineness of the marriage... Do you think overstay a visa has to do with the request of the interview?

Short answer is probably.

Not every overstay has to go through the interview process however it does increase the chances. A history with a overstay can increase IRCC's concerns that it's a marriage of convenience.

 

[Stephie@31]

Right, I know a case where the couple provided all the evidence of their relationship since they were dating-years ago. And the receipt from USCIS for another sponsorship for the PA here in the US, just to show IRCC that the reason of the overstay. They’re positive any interview won’t get requested.

 

[Aboubakr lem]

Short answer is probably.

Not every overstay has to go through the interview process however it does increase the chances. A history with a overstay can increase IRCC's concerns that it's a marriage of convenience.

To be honest this started as an arranged marriage thing (my family knows her family and we were born in the same city) but now we got to know each other and we like each other. It’s all genuine. Another problem is that we haven’t met yet (until Marriage) so that means we won’t be able to prove physical relationship (again because it’s arranged and because she can’t leave work)
is this gonna weaken the application?

 

[scylla]

To be honest this started as an arranged marriage thing (my family knows her family and we were born in the same city) but now we got to know each other and we like each other. It’s all genuine. Another problem is that we haven’t met yet (until Marriage) so that means we won’t be able to prove physical relationship (again because it’s arranged and because she can’t leave work)
is this gonna weaken the application?

That may make it trickier - hard to say. Your overstay may make IRCC more concerned it's a marriage of convenience and you're just looking for a way of being able to stay in North America.

Best option would be to leave the U.S. and return home if that's possible for you.

Note that if you leave the U.S. no, you'll have a 3 year ban from re-entering the U.S. If you wait until you've been out of status for over 1 year, you'll end up with a 10 year ban from the U.S. Having Canadian PR or even citizenship doesn't override the ban. So best to leave the U.S. sooner rather than later if you want to be able to return there in the next 10 years.