USA asylum seeker wants to move and get married to a Canadian international student lives in Canada

[mdnahisan]

Hi, My Question is if a USA asylum seeker who has been panding for hearing wants to move to canada and get married to a Canadian international student than what will be the impacts? Can the student just go to USA and get married and apply for a spouse visa for her?

 

[k.h.p.]

Your question is more about US immigration processes than Canadian ones, and I don't know anything about US visas.

Your international student spouse would potentially need a visa to enter the US. I believe you could then get married in the US. Whether or not she would be eligible for a US spousal visa is a mystery to me.

Marrying an international student in Canada would not get you any status.

 

[canuck78]

Assume that until the international student gets PR you will not be able to live together in Canada.

 

[mdnahisan]

Well. Thank you very much for the replys. Let me make it little clear. i am an international student in canada from india and i have US tourist visa too. i want to go to usa and get her marry then will come back to canada and apply for her as wife just like other students doing for their spouse living in india. will she be able to come canada just like other spouse do from india ?

 

[k.h.p.]

As she is claiming asylum in the United States, most (if not all) temporary visas will be refused. So, no - you would most likely not be able to do that.

 

[canuck78]

Well. Thank you very much for the replys. Let me make it little clear. i am an international student in canada from india and i have US tourist visa too. i want to go to usa and get her marry then will come back to canada and apply for her as wife just like other students doing for their spouse living in india. will she be able to come canada just like other spouse do from india ?

No. Also would point out that spouses of international students are not guaranteed permits/visas to begin with. Until you get PR she will likely not be able to come to Canada. You will need to get married in the US if you want to include her in any future PR applications.

 

[mdnahisan]

i appriciate all the valuable replys, thank you. So the gist is, international students can go to their countries in a vacation to get married and after coming back they can apply for their spouse to get OWP, but the same international students can go to USA get married and come back but not allowed to apply OWP for their spouse just because she is an assylam seeker in USA.

 

[canuck78]

i appriciate all the valuable replys, thank you. So the gist is, international students can go to their countries in a vacation to get married and after coming back they can apply for their spouse to get OWP, but the same international students can go to USA get married and come back but not allowed to apply OWP for their spouse just because she is an assylam seeker in USA.

There are no guarantees that an international student can have their spouse join them in Canada. The issue is that your future spouse is not living in a country where she has status. The fact that she is in the US is not the a issue.

 

[k.h.p.]

i appriciate all the valuable replys, thank you. So the gist is, international students can go to their countries in a vacation to get married and after coming back they can apply for their spouse to get OWP, but the same international students can go to USA get married and come back but not allowed to apply OWP for their spouse just because she is an assylam seeker in USA.

The biggest issue is that the spouse is an asylum seeker, that will mean that basically all temporary visas for Canada will be refused as the visa officer will be concerned they will claim asylum in Canada.

 

[canuck_in_uk]

i appriciate all the valuable replys, thank you. So the gist is, international students can go to their countries in a vacation to get married and after coming back they can apply for their spouse to get OWP, but the same international students can go to USA get married and come back but not allowed to apply OWP for their spouse just because she is an assylam seeker in USA.

There is no "just because". Claiming asylum and being out of status are not little things. There is way too high of a risk that your partner will do the exact same thing in Canada.