Undocumented Immigrant

[jennhm]

Hello.
I would like to discuss my situation.
I’m Canadian citizen since 2 years ago.
I have a long distance relationship for almost 6 years with him, we got married last year in The United States and I’ve been living here since then (like a long honey moon, not working at all). Because my husband is undocumented. So I’m planning to return to Canada in a few weeks just after our first wedding anniversary to start his process and get him a PR. My Question is: Can I Invite him to come to Canada to stay with me and sponsor him while he’s waiting for his PR or He has to go back to our homeland? This really worries me, because He’s going to wait for a long period until the process is done, and He fled from El Salvador because his life was in danger, and I don’t want to put his life on risk. And We don’t know what we should do. I’ll appreciate any advice or suggestions.

Thank you.

Ps. I apologize for any grammatical mistakes. But I still learning English.

 

[Rob_TO]

Hello.
I would like to discuss my situation.
I’m Canadian citizen since 2 years ago.
I have a long distance relationship for almost 6 years with him, we got married last year in The United States and I’ve been living here since then (like a long honey moon, not working at all). Because my husband is undocumented. So I’m planning to return to Canada in a few weeks just after our first wedding anniversary to start his process and get him a PR. My Question is: Can I Invite him to come to Canada to stay with me and sponsor him while he’s waiting for his PR or He has to go back to our homeland? This really worries me, because He’s going to wait for a long period until the process is done, and He fled from El Salvador because his life was in danger, and I don’t want to put his life on risk. And We don’t know what we should do. I’ll appreciate any advice or suggestions.

Thank you.

Ps. I apologize for any grammatical mistakes. But I still learning English.

Due to his current illegal status, it's doubtful he would ever be approved for a TRV to visit Canada.
This means he'll need to wait until his app is fully approved and he's ready to come to Canada to land as a PR.

You can apply as an OUTLAND application, while he's in the US. However IRCC may choose to process the app based on his citizenship, and in case an interview is required they may require the interview in El Salvador or the visa officer that serves El Salvador. So you need to hope no interview is required.

He will need police certificates from El Salvador as well, as well as any other country he's spent 6 or more months in since turning 18.

 

[jennhm]

Due to his current illegal status, it's doubtful he would ever be approved for a TRV to visit Canada.
This means he'll need to wait until his app is fully approved and he's ready to come to Canada to land as a PR.

You can apply as an OUTLAND application, while he's in the US. However IRCC may choose to process the app based on his citizenship, and in case an interview is required they may require the interview in El Salvador or the visa officer that serves El Salvador. So you need to hope no interview is required.

He will need police certificates from El Salvador as well, as well as any other country he's spent 6 or more months in since turning 18.

If he’s required for an interview, is that something good or bad thing for him?

 

[scylla]

If he’s required for an interview, is that something good or bad thing for him?

Bad. It will mean CIC has concerned the relationship is genuine.

Agreed there's zero chance a TRV is going to be approved. I wouldn't even bother trying.

Also note that he's going to be banned from the US for 10 years as soon as he leaves. So once he leaves the US, he won't be able to return for a decade.

 

[scylla]

How long have you been in the US at this point as a visitor?

 

[jennhm]

How long have you been in the US at this point as a visitor?

We aren’t worry if he get banned from the states, because I’m here just for him. And I don’t have any intention of coming back. We’re just waiting for our first wedding anniversary. I came in June 17, 2017. We got married June 25. So I’m leaving in one week.

 

[scylla]

We aren’t worry if he get banned from the states, because I’m here just for him. And I don’t have any intention of coming back. We’re just waiting for our first wedding anniversary. I came in June 17, 2017. We got married June 25. So I’m leaving in one week.

Do you have US citizenship or a US green card? If not, did you extend your visitor status after being in the US six months?

 

[jennhm]

Bad. It will mean CIC has concerned the relationship is genuine.

Agreed there's zero chance a TRV is going to be approved. I wouldn't even bother trying.

Also note that he's going to be banned from the US for 10 years as soon as he leaves. So once he leaves the US, he won't be able to return for a decade.

But we have proof that our relationship is genuine. As Conversation History, pictures, gifts. We saved receipt from our wedding expenses. Family and friend came to our wedding. And we can say, we have lived together for at least one year.

 

[scylla]

But we have proof that our relationship is genuine. As Conversation History, pictures, gifts. We saved receipt from our wedding expenses. Family and friend came to our wedding. And we can say, we have lived together for at least one year.

If you put together a strong application, then it's quite possible he may not be called to an interview. His case is more complex since he's in the US illegally. This will make CIC review his case more closely to ensure he's not just using your relationship to obtain status in Canada. So recommend you put focus on ensuring your relationship evidence is strong so that you can hopefully avoid the interview.

 

[jennhm]

Do you have US citizenship or a US green card? If not, did you extend your visitor status after being in the US six months?

None of those. I only have my Canadian citizenship. I didn’t extended any visitors status. Because my husbands situation in here. I don’t want to expose him. Until he’s ready to go back to El Salvador.

 

[scylla]

None of those. I only have my Canadian citizenship. I didn’t extended any visitors status. Because my husbands situation in here. I don’t want to expose him. Until he’s ready to go back to El Salvador.

That's unfortunate. Once you leave the US, you will trigger a ban as well because you will have been in the US illegally for more than six months. Your ban will be three years rather than 10. Make sure you don't try to return to the US for at least three years after you leave next week.

 

[jennhm]

If you put together a strong application, then it's quite possible he may not be called to an interview. His case is more complex since he's in the US illegally. This will make CIC review his case more closely to ensure he's not just using your relationship to obtain status in Canada. So recommend you put focus on ensuring your relationship evidence is strong so that you can hopefully avoid the interview.

So in that case. Do I have to attached all that evidence with his application form?

 

[scylla]

So in that case. Do I have to attached all that evidence with his application form?

Yes - you need to dedicate time to researching the application process to make sure you understand what's required and can put together a complete application package. If you aren't comfortable doing this on your own, it may be a good idea to hire an immigration lawyer to help you - although expect this option will cost you a few thousand dollars.

Process here:

http://www.cic.gc.ca/english/information/applications/spouse.asp

 

[jennhm]

That's unfortunate. Once you leave the US, you will trigger a ban as well because you will have been in the US illegally for more than six months. Your ban will be three years rather than 10. Make sure you don't try to return to the US for at least three years after you leave next week.

I won’t. We decided I should stay a longer time, because we’re not sure how long is going to takes his process. And because we didn’t feel right just to get married and leave. But the only reason that I’m here is just for him. I’m not planning to stay. My family, my whole life is in Canada. And my only purpose is have my husband with me.
My only concern is if I’ll have any issue returning to Canada after being out for a long period. But this is my first and last time.

 

[scylla]

I won’t. We decided I should stay a longer time, because we’re not sure how long is going to takes his process. And because we didn’t feel right just to get married and leave. But the only reason that I’m here is just for him. I’m not planning to stay. My family, my whole life is in Canada. And my only purpose is have my husband with me.
My only concern is if I’ll have any issue returning to Canada after being out for a long period. But this is my first and last time.

You won't have any issues re-entering Canada.