Us greencardholder and out-of-status wife

[hoh818]

Hi. I'm a greencard holder here in the US (citizen of the Phils) and I would like to go to Canada to pursue my master's. Granted that I get accepted by a bonafide university there, can I bring my wife with me even though she is out-of-status here in the US?
I would really appreciate any of your insight on my situation. Thank you in advance.

Sad me

 

[PMM]

Hi

Hi. I'm a greencard holder here in the US (citizen of the Phils) and I would like to go to Canada to pursue my master's. Granted that I get accepted by a bonafide university there, can I bring my wife with me even though she is out-of-status here in the US?
I would really appreciate any of your insight on my situation. Thank you in advance.

Sad me

Yes, OP1 of the manuals states the following

"Note: Family members included in an application for permanent residence or an application for a
temporary purpose, do not need to have been lawfully admitted to the country in which the application
is submitted. Such a requirement would make it impossible for some families to submit visa
applications anywhere."


PMM

 

[hoh818]

thank you for replying PMM. we appreciate it a lot.

just an added info... my wife came here in the US on a tourist visa, then got her H4 as my dependent (when i had my H1B), worked illegally and now out of status. she was on status on H4 for at least 2yrs.

any other take on this... thanks...

 

[Karlshammar]

PPM's quote is crystal clear: only the principal applicant has to have lawful status. There is no other take on this.

 

[hoh818]

Thanks Karlshammar.

So does that mean we have a good chance of going to Canada through this route?

Thanks again

 

[Karlshammar]

The fact that she is out-of-status will not hinder things as long as you are in lawful status.

You still have to qualify for your immigration category and fulfill all the other requirements.