Undocumented Fiancé...

[jennhm]

Hello. I would like to get some advice.

My fiancé and I have 5 years of long distance relationship. We got engaged 2 years ago. And we're planing to get marry on June of this year. But He lives in The United States undocumented, he run away from our home country because his life was in danger. But we don't have any evidence because his family didn't report it to the police on that time. I'm Canadian Citizen and I want to apply for him to get his PR, but I don't want him to come back to his homeland. I am concerned about his well-being and I don't know what I should do. I'm concerned about getting married in The United States if would be a valid marriage because he's undocumented, and because he has to return to El Salvador and wait for the process of my application to be approved. :-[

I apologize for my bad grammar. But I still learning.

Thank you

Jenn H.

 

[scylla]

You'll need to either get married or live together for a minimum of one full year continuously to become common law. You fiance can't come to Canada given he's undocumented in the US. So I think living together for a year isn't doable. You should get married in the US if this relationship is serious and you want to go ahead with the sponsorship. Yes - the marriage will be valid even though he's undocumented.

His application will most likely be processed by the visa office responsible for El Salvador. If an interview is required, it will be held in El Salvador and your fiance will need to attend in person. If you want to try to avoid the interview, you should try to provide as much evidence as possible to prove the relationship is genuine.

I assume he's been in the US for at least a year without status. If so, he should be aware that as soon as he leaves the US, he will be automatically issued a 10 year ban and won't be able to re-enter the US for a 10 year period.

 

[Pitt1234]

I agree with Scylla. There are many threads on this. Please Google.

http://www.canadavisa.com/canada-immigration-discussion-board/can-an-canadian-citizen-file-a-spouse-living-in-usa-illegally-t102655.0.html
http://www.canadavisa.com/canada-immigration-discussion-board/usa-illegal-immigrants-migrating-to-canada-t101210.0.html

Hello. I would like to get some advice.

My fiancé and I have 5 years of long distance relationship. We got engaged 2 years ago. And we're planing to get marry on June of this year. But He lives in The United States undocumented, he run away from our home country because his life was in danger. But we don't have any evidence because his family didn't report it to the police on that time. I'm Canadian Citizen and I want to apply for him to get his PR, but I don't want him to come back to his homeland. I am concerned about his well-being and I don't know what I should do. I'm concerned about getting married in The United States if would be a valid marriage because he's undocumented, and because he has to return to El Salvador and wait for the process of my application to be approved. :-[

I apologize for my bad grammar. But I still learning.

Thank you

Jenn H.

 

[jennhm]

Thank you so much for your reply (both of you) I appreciate it!!

 

[LDRLDM]

Related query:

To marry my PR spouse, I had to return back home after years of being undocumented in the US. Can this be considered MOC?

 

[wait_so_long]

Related query:

To marry my PR spouse, I had to return back home after years of being undocumented in the US. Can this be considered MOC?

With just the details provided above, then yes, it sounds like a MOC. That is, you married primarily for the purpose of gaining entry into Canada. (Primarily, not necessarily solely.) There are cases where an application was rejected because the applicant had a failed student visa on file before meeting and marrying a Canadian and applying for PR.

You need to be able to provide evidence of the genesis and development of your relationship, to prove that it is a genuine marriage.

 

[LDRLDM]

Re: Undocumented Fiancé...

With just the details provided above, then yes, it sounds like a MOC. That is, you married primarily for the purpose of gaining entry into Canada. (Primarily, not necessarily solely.) There are cases where an application was rejected because the applicant had a failed student visa on file before meeting and marrying a Canadian and applying for PR.

You need to be able to provide evidence of the genesis and development of your relationship, to prove that it is a genuine marriage.

But I am in a 100% genuine relationship with my spouse. We were dating years before I entered the US. I was just asking this because they may think what you think, like we married to gain legal status in Canada. But we married out of love and to be together. I was under F2B petition back in the US, and marrying my spouse voided that petition because I had to stay single until the GC was issued. So in my case, I had an option to wait for my US green card but chose not to. Is this still MOC?

 

[wait_so_long]

But I am in a 100% genuine relationship with my spouse. We were dating years before I entered the US. I was just asking this because they may think what you think, like we married to gain legal status in Canada. But we married out of love and to be together. I was under F2B petition back in the US, and marrying my spouse voided that petition because I had to single until the GC was issued. So in my case, I had an option to wait for my US green card but chose not to. Is this still MOC?

It may not be a MOC, but it is up to you to make a compelling case that it is not. I'm not saying that it is a MOC, just that from what you stated in the single positing above, it would definitely sound like a MOC to the Visa Officer that would be assessing your application.

 

[Happy_mjr]

Hello. I would like to get some advice.

My fiancé and I have 5 years of long distance relationship. We got engaged 2 years ago. And we're planing to get marry on June of this year. But He lives in The United States undocumented, he run away from our home country because his life was in danger. But we don't have any evidence because his family didn't report it to the police on that time. I'm Canadian Citizen and I want to apply for him to get his PR, but I don't want him to come back to his homeland. I am concerned about his well-being and I don't know what I should do. I'm concerned about getting married in The United States if would be a valid marriage because he's undocumented, and because he has to return to El Salvador and wait for the process of my application to be approved. :-[

I apologize for my bad grammar. But I still learning.

Thank you

Jenn H.

 

[Happy_mjr]

Hello,
Just an update, were you able to sponsor your fiance as PR in Canada? I am on the same boat by the way. I would like to know how did it worked out for you. Thanks