Spousal sponsorship of Mexican citizen illegally in the US

[Lisa Morrison]

I would like to sponsor my Mexican boyfriend to come to Canada. We will likely get married and are trying to decide the appropriate steps for starting the application. From what I've learned so far, it should not be an issue for him to come to Canada even though he has been in the US without status for at least 10 years (but that we will have to provide relationship proof sufficient to show that our relationship is genuine). I also understand that he cannot apply from the U.S. and will likely have to return to Mexico while he goes through the application process.

My question is this - will it create any issues for us if we get married in the U.S., and then start the application process after that in Mexico? Or would it be better for us to just get married in Mexico?

Thank you

 

[kcward7]

I would like to sponsor my Mexican boyfriend to come to Canada. We will likely get married and are trying to decide the appropriate steps for starting the application. From what I've learned so far, it should not be an issue for him to come to Canada even though he has been in the US without status for at least 10 years (but that we will have to provide relationship proof sufficient to show that our relationship is genuine). I also understand that he cannot apply from the U.S. and will likely have to return to Mexico while he goes through the application process.

My question is this - will it create any issues for us if we get married in the U.S., and then start the application process after that in Mexico? Or would it be better for us to just get married in Mexico?

Thank you

It doesn't matter where you get married

 

[Lisa Morrison]

It doesn't matter where you get married

Thank you. The only thing I was mildly concerned about is whether, if we marry in the U.S., and when we go for our interview, they may count that against the validity of our relationship, because he would then start his application in Mexico right afterwards.

 

[canuck_in_uk]

Thank you. The only thing I was mildly concerned about is whether, if we marry in the U.S., and when we go for our interview, they may count that against the validity of our relationship, because he would then start his application in Mexico right afterwards.

Doesn't matter where you marry. He can apply for PR from the US. He would only need to return to Mexico if called for an interview.

 

[Lisa Morrison]

Doesn't matter where you marry. He can apply for PR from the US. He would only need to return to Mexico if called for an interview.

Interesting. I looked into that and contacted the VAC in New York and they had told me that he cannot apply from the US (because he will likely be asked to provide biometrics and interview and must do that in Mexico). And also, when listing his Country of Residence, he would have to put 'Mexico' in order to have it processed there, which would not be true because he's in the US. And he would have to list his recent addresses. So I've been wondering how it would work for him to possibly remain in the US while his application is being processed (until the time for the interview arrives). If you can see a way, can you let me know?

 

[canuck_in_uk]

Interesting. I looked into that and contacted the VAC in New York and they had told me that he cannot apply from the US (because he will likely be asked to provide biometrics and interview and must do that in Mexico). And also, when listing his Country of Residence, he would have to put 'Mexico' in order to have it processed there, which would not be true because he's in the US. And he would have to list his recent addresses. So I've been wondering how it would work for him to possibly remain in the US while his application is being processed (until the time for the interview arrives). If you can see a way, can you let me know?

If you have strong proof of a genuine relationship, an interview will not be required. Biometrics don't have to be done in the applicant's home country.

He hasn't lived in Mexico for over 10 years. His country of residence is the US.

 

[Lisa Morrison]

Thanks for your valuable information. I understand that biometrics don't have to be done in the applicant's home country, so that's why I contacted the VAC in New York to see if he could do that there. And when I contacted them about that, they told me he can't apply from the US because of his status. Also they pointed out to me that, on the document checklist, it says you have to send in your visa from the country in which you reside, along with your passport. I'm getting conflicting information here and I'm just confused as to whether he can apply from the US or not. I'm not sure how to overcome these residency issues. It would be great if he can apply from the US and then attend in Mexico for biometrics or interview if necessary, but I'm just not sure of the process - for example, if he puts 'US' as his country of residence, where would they assign his interview (which I'm guessing they'll want to do because of his status issues).

 

[canuck_in_uk]

Thanks for your valuable information. I understand that biometrics don't have to be done in the applicant's home country, so that's why I contacted the VAC in New York to see if he could do that there. And when I contacted them about that, they told me he can't apply from the US because of his status. Also they pointed out to me that, on the document checklist, it says you have to send in your visa from the country in which you reside, along with your passport. I'm getting conflicting information here and I'm just confused as to whether he can apply from the US or not. I'm not sure how to overcome these residency issues. It would be great if he can apply from the US and then attend in Mexico for biometrics or interview if necessary, but I'm just not sure of the process - for example, if he puts 'US' as his country of residence, where would they assign his interview (which I'm guessing they'll want to do because of his status issues).

Don't listen to the VAC. They are not IRCC and not a visa office and have no idea.

The process is exactly the same as for anyone else. He applies. His country of residence is the US. He will need to state in the app that he has no status in the US. If he is called for an interview, it will be in Mexico.

 

[Lisa Morrison]

Thanks so much for this information you have no idea how helpful this is. What should he put on the document checklist where it asks to include his U.S. visa or green card?

 

[canuck_in_uk]

Thanks so much for this information you have no idea how helpful this is. What should he put on the document checklist where it asks to include his U.S. visa or green card?

An explanation.