My Fiancé is overstaying in USA, his Stay 6 month in USA as a visitor was finished on May 17,2024, I am Canadian Citizen, Can he come to Canada, he has visitor visa for Canada, so we can get marry here and apply for his Canadian PR? would there be any issues? Can he renter in USA after a year or so? We are so scared, any advice would help.
Spouse Sponsorship
- Thread starter Aishwarya3019
- Start date
There is a decent chance he could be denied entry to Canada even with a TRV given that he overstayed in the US. There is also a good chance that he will not be able to reenter the US for a significant amount of time once he leaves. He complicated his life significantly by not leaving before his legal visit expired. A visitor visa does not guarantee entry into a country it allows you to be assessed at the port of entry and if there are concerns you can get denied entry.
Also doesn’t guarantee he will be able to enter Canada as a visitor. He can certainly try to enter Canada but given his US overstay he could be refused entry. He may also need to prove why he was visiting the US for such a long period and prove that he had the savings to support a 6 month visit without working. Unless he is planning on reestablishing a life for at least a year in his home country he also likely doesn’t have strong ties to his home country like longterm employment, property, etc. which could also be a problem. You may need to get married abroad and then sponsor him.
You can get married in the USA. And then apply to sponsor him as your spouse. The fact that he has overstayed in USA will not be an issue for the sponsorship as long as he has a valid passport and declares his overstay in the USA.
I would do this right away if possible. If the then tries to enter Canada, he may simply be let in, but if he is refused entry, worst case would be return to USA or to home country. Your spousal sponsorship would still go forward.
