~ Seeking Advice ~ Canadian Citizen Applying for an Illegal Alien in the USA

[SouldSurvivor]

Good Morning everyone,

I hope you are having a great day today!

I have a few questions. Any help will be highly appreciated.

I'm a Canadian citizen and recently married to a Pakistani man living in the states illegally. He entered legally and went to school then later got married and marriage did not work out. He skipped university as he was trying very hard to make his marriage work and decided to go back after a year or so.

He did apply for green card and Immigration asked him for more paperwork but he did not want to go through all that because the marriage did not work out and they got separated after he caught her cheating after a month or so. SO ** Yes he is in deportation process **

Now here is the thing i am married to him for over a year now i love him to death and i'm pregnant and he wants me to go back to Canada so he is sure i will be around my mother and my family members ( He thinks it is good for our child ).

I have been living in the USA for the past 5 months and not working. I never worked in Canada either and have a daughter from my previous marriage ( No sponsorship though).

Can i apply for him in the USA or within Canada without working? I prefer living with him and applying for him. He is somehow trying his best to go back to school to finish up his computer science engineering and then apply for Canada under skilled but i really can not go back and forth and be without him and see him in this hardship. If you can guide us what we should do please.

Any help from you guys is highly appreciated.

Thank you,

God bless you all and help you with whatever you are trying to achieve.

Sarah.

 

[rjessome]

Good Morning everyone,

I hope you are having a great day today!

I have a few questions. Any help will be highly appreciated.

I'm a Canadian citizen and recently married to a Pakistani man living in the states illegally. He entered legally and went to school then later got married and marriage did not work out. He skipped university as he was trying very hard to make his marriage work and decided to go back after a year or so.

He did apply for green card and Immigration asked him for more paperwork but he did not want to go through all that because the marriage did not work out and they got separated after he caught her cheating after a month or so. SO ** Yes he is in deportation process **

Now here is the thing i am married to him for over a year now i love him to death and i'm pregnant and he wants me to go back to Canada so he is sure i will be around my mother and my family members ( He thinks it is good for our child ).

I have been living in the USA for the past 5 months and not working. I never worked in Canada either and have a daughter from my previous marriage ( No sponsorship though).

Can i apply for him in the USA or within Canada without working? I prefer living with him and applying for him. He is somehow trying his best to go back to school to finish up his computer science engineering and then apply for Canada under skilled but i really can not go back and forth and be without him and see him in this hardship. If you can guide us what we should do please.

Any help from you guys is highly appreciated.

Thank you,

God bless you all and help you with whatever you are trying to achieve.

Sarah.

He will likely be deported before the conclusion of the sponsorship and PR process. He was legally admitted to the US but CIC may send his application to Islamabad for processing because he no longer has legal status in the US. As a citizen you do not have to live in Canada to sponsor your spouse. However, you would have to prove your intent to return to Canada when/if PR is issued. So you could go to Pakistan with him if he's deported.

 

[SouldSurvivor]

There are over 12 millions illegal living in the USA.

1 - ) While I am with him in the States I want to apply for him in the states. How much do we have to show to prove we would not apply for any funding from the government

2 - ) Which one is faster sponsoring him with no job in Canada or Sponsoring him from the states with him working and going to school?

3 - ) How long it could take for our application to be processed? If it is in the states or if we have to go to Pakistan?

4 - ) FBI report would show that he is in deportation proceeding but not a CRIMINAL? That would affect our application?

Thank you.

 

[rjessome]

There are over 12 millions illegal living in the USA.

1 - ) While I am with him in the States I want to apply for him in the states. How much do we have to show to prove we would not apply for any funding from the government

2 - ) Which one is faster sponsoring him with no job in Canada or Sponsoring him from the states with him working and going to school?

3 - ) How long it could take for our application to be processed? If it is in the states or if we have to go to Pakistan?

4 - ) FBI report would show that he is in deportation proceeding but not a CRIMINAL? That would affect our application?

Thank you.

First, you have to understand the process of how this works. It's a two part application that is submitted together. 1st part is the sponsorship application where you must be approved as a sponsor. 2nd is his PR application as a member of the family class. You can request CPC Ottawa as your processing center for the PR visa when you have been approved as a sponsor at CPC Mississauga. BUT given that he no longer has legal status in the US, they may send his application to be processed in his country of citizenship which is Pakistan. So I'm saying you can ask for CPC Ottawa but they may send it to Pakistan.

1. There is no minimum income requirement to sponsor a spouse. But you have to show that you will not require social assistance to survive when/if he is granted PR. Shouldn't be a problem as he sounds well educated and with a work history.
2. You are talking about two totally different programs - Economic Class vs. Family Class. Normally family class is faster but not always.
3. 3 months processing of the sponsorship application + 11 months at CPC Ottawa (Buffalo's old stats so not 100% sure) or + 24 months processing in Islamabad.
4. No, not for PR.

 

[Forester2000]

CIC will take a very dim view of your husbands deportation. From their point of view, if he has infringed on immigration law in the past then there is no reason why he would not do this again. You would need to explain his case extensively and hope they are compassionate.

Just a thought.

 

[canadiangirl78]

You can sponsor him. Canada doesn't care that he's illegal in the US. they will process his visa in Pakistan. Nothing will get him deported from the US. I know this because my husband is undocumented in the US since he was a child. Private message me with any questions.

 

[canadiangirl78]

I missed he's in deportation process. It doesn't matter. You can still get him a PR visa.

Also if he was legal in the US for a year, prove it and I think they'll process him like an American.

 

[Forester2000]

Canada doesn't care that he's illegal in the US. they will process his visa in Pakistan. Nothing will get him deported from the US.

He is already being deported. Unless he is going to lie when filling out his application, he will have to admit to being illegal in the US.

 

[canadiangirl78]

He can admit to it. It doesn't matter. Canada doesn't penalize spouses who are undocumented in their current place of residence.

 

[rjessome]

He can admit to it. It doesn't matter. Canada doesn't penalize spouses who are undocumented in their current place of residence.

Canadiangirl78 is right. It won't matter for a PR application. The only question will be where they will process the application. They could choose to do it in Islamabad although "legally admitted" when he "initially" came to the US should allow processing in the US (or Ottawa now). But I've seen them send files to country of citizenship in these cases. It could happen is all I'm saying but you won't know until you actually submit it.

 

[qtsp0iledbrat]

Hi, I have the same question regarding marrying an illegal alien in the US and I am a Canadian citizen. I wanted to send a private message to Canadiangirl78 but for some reason, it won't let me.

 

[canadiangirl78]

When you've posted ten times you can PM me.

 

[qtsp0iledbrat]

When you've posted ten times you can PM me.

Ohh. I see. I'm a newbie to the website. Thanks for the info! I just really needed to PM you as I have a similar case with yours and I'd like to ask you a couple of questions

 

[canadiangirl78]

Just post "hi" 8 times in a row. I'm happy to help.

 

[qtsp0iledbrat]

hi