I am in the same situation, and I need advice
I am currently in US on J-1 visa, and planning to study in Canada starting Jan. 4, 2010. I have a letter of acceptance from my university, and my common-law spouse and his kid will also accompany me. Now, here is the tricky part-
My spouse is illegal in US, he came here in 1995 through Mexico. He has been continuously employed by the same company for the last 10 years in US and he owns property in US. His profession is in the List of 38, but he does not qualify through Skilled Worker- not enough points.
I have 2 years of college, and they were transferred to the university of my choice. So I only need to study 2 years. I also own a property in US. Both of us are citizens of "third world countries", however, and my J-1 date shows June 2009 as expiration date. It also says D/S which means "duration of status", so legally, I am not accruing illegal presence in the US and I believe I can apply from within US. I have been in US since 2006, and never went home since then. My immediate family is in my country. My spouse's family is here in US, and they are well established here.
Question is - do we have chances to prove that we have strong ties to US? I have a property back home too, so along with my family being there - would that qualify as having strong ties to my country of citizenship?
What are the chances, in your opinion?
