Sponsoring my Wife that has Overstayed a US Tourist Visa

[chach]

I am a Canadian citizen working in the USA on a TN visa.

My wife was born in Manila and was brought to the USA (by her parents) on a tourist visa (at the age of 2 [two]). She is now 28 years old and has never left the USA. She has no criminal record and she even has an engineering degree from UCLA. I want to sponsor her as a Canadian PR. We've been together for 5 years and married for 2 years with no kids. We have had joint bank accounts and housing [rental] documents dating back to 2005 with both of our names.

I would like to hear your guys' input on whether you think she will have to return to Manila for an interview (subsequent to me approved to be her sponsor by Canada). I'd like to just get everything done without needing for her to go to Philippines.

 

[Leon]

Sorry but nobody can guarantee that there will not be an interview and if there is an interview, she will have to go to Manila for it. However, I think it is unlikely that there will be an interview since you are together for so long, have kids, joint accounts etc. You just have to hope for the best.

 

[chach]

thank you for ur reply! ;D

 

[Jurjen]

From what I know... She only needs to go to Manila for an interview (and you too, as far as I know) if you apply outland. If you apply inland, the interview will take place in Canada. But for inland, you two would need to move to Canada.

 

[Leon]

From what I know... She only needs to go to Manila for an interview (and you too, as far as I know) if you apply outland. If you apply inland, the interview will take place in Canada. But for inland, you two would need to move to Canada.

This is true. Their only problem is getting a visit visa for her to be able to come to Canada which is unlikely to be granted when she applies for it in the US because as soon as they find out she is illegal there, she will be considered a huge risk to overstay.

 

[canadianwoman]

I would like to hear your guys' input on whether you think she will have to return to Manila for an interview (subsequent to me approved to be her sponsor by Canada). I'd like to just get everything done without needing for her to go to Philippines.

They don't always ask for an interview, but if they do it will be in the Philippines.
The best you can do is send in a lot of proof that your relationship is genuine.

 

[RobsLuv]

I agree - there is almost no chance at all that a Philippine national married to a Canadian will get a temporary resident visa to come to Canada so that they can apply inland for PR. It's probable the application will have to be processed through Manila. The chance of an interview depends on how much evidence you include with the initial submission of the application to support your "genuine" and continuing relationship. You are going to have to be very careful, though, in this regard because of the fact that your wife is in the USA illegally. There will be more suspicion on the part of the assessing officer that the relationship is about getting her into Canada because of the illegal US status. So the burden of proof is greater - you need to be sure to carefully document how you met, especially how the relationship developed before you married, how long you've been married, the continuing nature of your union, etc. - and provide proof with pictures, copies of cards, letters, declarations from family and friends as to your genuine relationship, etc.

The other consideration is how to finalize the process when the passport will need to be sent to the embassy in Manila. It is illegal to mail a passport over many international borders - so it's possible that your wife (at least) will have to travel to Manila at some point to wait for processing to be completed. I don't know how early on in the process Manila will request a passport - but once it's requested, she's stuck there until they finalize her application and release it with her PR visa. I think, even though it might delay processing, that it might be worth a try to request Buffalo as a processing office. That might seem crazy - being she is not legally in the United States - but my understanding is that what makes her eligible is not that her status is still valid, but the status she was given on entry . . . although, considering that was 26 years ago, that might be a bit hard to prove. There may be some concessions, though, considering the fact that she was only a toddler when she was brought there. I'm wondering whether there is some avenue for legalizing her status in the US before you go through this process for Canadian PR. Is help maybe available through her country's embassy in the States? At the least, I would contact a qualified Canadian immigration attorney for an opinion on the best way to proceed - especially if it would be a huge stretch for her to have to travel to the Phils to wait out finalization of her application.

 

[chach]

wow. great informative posts. thanks everyone!

 

[scylla]

Chach -

Are you aware what will happen when your wife leaves the US? Since she has overstayed more than 360 days, I'm fairly certain this means she has an automatic 10 year ban (i.e. she won't be able to enter the US, even as a visitor, for 10 years).

Are her parents still there? Does she have other family/friends that she will want to visit? If so, then as RobsLuv has suggested, you should look into what (if anything) can be done to legalize her status in the US before she leaves. Since she originally entered the country legally, I know she can adjust her status in the US if she marries a US citizen (which I know you're not - so that option is out). I don't know if there are any other avenues available to her. But you should check before she leaves and gets slapped with the 10 year ban.

 

[chach]

Chach -

Are you aware what will happen when your wife leaves the US? Since she has overstayed more than 360 days, I'm fairly certain this means she has an automatic 10 year ban (i.e. she won't be able to enter the US, even as a visitor, for 10 years).

Are her parents still there? Does she have other family/friends that she will want to visit? If so, then as RobsLuv has suggested, you should look into what (if anything) can be done to legalize her status in the US before she leaves. Since she originally entered the country legally, I know she can adjust her status in the US if she marries a US citizen (which I know you're not - so that option is out). I don't know if there are any other avenues available to her. But you should check before she leaves and gets slapped with the 10 year ban.

yes, we are aware of the 10 year ban. unfortunately, it's a consequence we have to go through. it sucks and she cries about not being able to see her family and friends when she wants. but at least, she'll be able to travel the rest of the world. traveling the world is something she and I are dying to do, but cannot do right now bc of her overstayed status. only if the Dream Act had passed....

 

[scylla]

Yeah - there are a lot of people waiting for the Dream Act! But unfortunately I don't think it's coming any time soon...

I'm glad you're already aware of the US implications. I figured you probably were but thought I'd ask all the same.

Good luck!

 

[chach]

Any documents you guys recommend (other than our marriage certificate, pics, joint bank statements) to include in our application [to prove the validity of the relationship]?

 

[AllisonVSC]

Check the OP 2 manual to see other types of evidence for conjugal (marriage and marriage-like) relationships. In particular look at 5.25 and 5.26 where they list examples of evidence for the different types of "inter-dependencies".

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

 

[QCSunshine]

And I would advise searching on here for threads on things like "proof of relationship," "supplemental information," "supplemental documents," "application organization," "photos," etc, to get ideas and inspiration from what others have included. Good luck!

 

[medellinguy]

How can someone live illegally in the US for 28 years and even enroll in school without never being asked a social security number or anything???