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Getting married to USC while in Canada

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  • Getting married to USC while in Canada

    I have a question on behalf of my friend.He came to the United States without inspection and had lived there for more than two years with no status.Now he has moved to Canada as a refugee and wants to get married to his girl who is the United States Citizen and wants to file for his US residency so that he could get back to his wife. What way is going to be the best for him to get married and file? I know, he is going to need waiver to reenter into the US.What are the chances that he would get his Green Card through his USC wife living in Canada as refugee? Thanks.
    Henry

  • #2
    I have a question on behalf of my friend.He came to the United States without inspection and had lived there for more than two years with no status.Now he has moved to Canada as a refugee and wants to get married to his girl who is the United States Citizen and wants to file for his US residency so that he could get back to his wife. What way is going to be the best for him to get married and file? I know, he is going to need waiver to reenter into the US.What are the chances that he would get his Green Card through his USC wife living in Canada as refugee? Thanks.
    Henry

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    • #3
      Can anyone help me to answer my question?

      Thanks
      Henry

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      • #4
        It has been so long since I posted this question,wondering nobody knows the answer!!!!!!!!

        Please help me out guys

        Thanks......
        Henry

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        • #5
          he came illegally. He left. So he's got a nice 10 year bar. He'll have to file all paperwork at the nearest US consulte (k3, etc.) and waiver. But good luck. The INS rarely grants visa's to illegals who marry USC's.

          However, is there *any* record of him entering the US though? Was he ever fingerprinted, or filed papers, etc.?

          -= nav =-

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          • #6
            Dear moondin,

            He has no record in the US immigration since he entered the USA without inspection.

            Thanks
            Henry

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            • #7
              moondin,

              I don't know what makes you say,if illegal gets married to USC out of the United States,

              The INS rarely grants visa's to illegals who marry USC's.

              I don't know you are right about this one!!!!!!!
              Henry

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              • #8
                Anyone can help me out to answer my question please......

                Thanks
                Henry

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                • #9
                  Henry, hopefully one of the "experts" will follow this up with their answer. What I was told before was that if they get married the USC will need to file the I-130 with whatever is her center. Upon receipt she'll file copy of the receipt they send her with the I-129f, etc. to Chicago. He will need to have 601 waiver prepared but should not give it to anyone until interview if and when they ask for it. This is what I was told a few months ago. From what I hear it is difficult to get the 601 waiver approved. There are several threads on here with discussions on that waiver. Also from what I was told, attempting to get fiance visa (k-1) under those circumstances is not recommended. As far as entering without inspection, etc..... if he worked while he lived here and paid taxes then there is record that he was here and worked without permission. I don't know the details of some of that but I know on the forms they ask questions about being in and out of US previously. If he is not truthful on the forms then he could be setting himself up to be permanently barred from US. Now, hopefully Mohan or Sammy or Dad of 3 or somebody will respond.

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                  • #10
                    Mohan or Sammy please help me out here to answer my question. Thanks
                    Henry

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                    • #11
                      Still Learning is right. Also, the authorities are very likely to ask where and how he met his girlfriend. Lie, and he sets himself up for never being able to be sure if and when they'll find out and yank his GC or citizenship.

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                      • #12
                        The answer is not clear to me yet. If anyone can help me out here please.

                        Thanks
                        Henry

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                        • #13
                          The questions were: "What way is going to be the best for him to get married and file? I know, he is going to need waiver to reenter into the US. What are the chances that he would get his Green Card through his USC wife living in Canada as refugee?" I don't know that anyone can give you the percentage of chance. Yes, he will need waiver. It may or may not be approved. If he marries USC and then has to file 601 waiver it will be to prove hardship to the American citizen. It is difficult to get those waivers approved. He lived here illegally, worked illegally, etc. If he lived in a country that had DCF (Direct Consular Filing) maybe going that route would help. I'm not sure. Any other ideas, people?

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                          • #14
                            Henry:

                            Since you said your friend entered the U.S without inspection and overstayed for two year previously, then I would say that the necessity of filing the waiver would entirely depend on his answer on his paper work. I am not sugguesting that he should lie or tell the truth. But, if he has no record whatsoever of his previous presence in the US, even income-tax records, and if he doesn't want to disclose his previous presence voluntarily and truthfully, then he won't have any problem in getting U.S. residence. Then he can choose whatever route like K-1 as a fiance of USC, or K-3 as a spouse of USC [but he needs to get married first for K-3], or Consulate processing for immigrant visa directly. I would choose consulate processing because it's faster and less time and money consuming than K-1/K-3 nonimmigrant visas. But, your friend should also know that if he lies anything to BCIS and then if BCIS ever finds out about those deceptions, then he would run into the problem in the future. He could still be admitted but then he needs to get approval on waiver for forgiveness. But if he decides to disclose the truth about his previous presence in the US, then he must need a waiver, because he is subjected to 10 yrs bar being overstayed that long previously in US. Waiver is very hard to get approved unless he presents his case in very creative ways, because this kind of waiver would require- extreme hardship to his USC-wife.

                            Your other question whether he would be able to process his paper for US residence in Canada or not, since he filed for refugee status there, then answer is YES and NO. Unless he gets some kind of legal status in Canada, US consulate won't have any jurisdiction over him to process his paper there. He must need to return his country in order to process his paper work there. But, because he has applied for refugee status, I believe US Consulates in Canada may have jurisdiction upon him, but then he must need to disclose his refugee/asylum application on his US paper work, which would also recorded with US govt that he has fear of prosecution in his country, which may cause some problem in the future to him if he will ever travel to his country after obtaining US residence. Because, they may say that- you have claimed somewhere for refugee status, but they how come you were able to return your country, especially if those travel would be made within few years of claiming for refugee status in any country.

                            He can not ask legal status for two different countries at the same time. One side he is asking Canadinan govt to allow him to stay there under refugee/asylie status, and then on the other hand, he would be asking US govt to give him green card to live and work in US. He can not claim to be both places. He needs to give up one first, I meant-Canadian refugee application. US consulate would surely ask his legal status in Canada if he is not a Canadian citizen in order to find their jurisdiction on him at the time when he will go there for ANY kind of visa. Without any compelling reason or certain exceptions, people just can not ask US govt to process their paper work in those country where they have no legal status whatsoever. Good Luck to him.

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                            • #15
                              For some reason I was thinking original post said he had worked and paid taxes, guess I was confusing another post with this one.

                              Sammy,
                              Is there any way that US would find out from Canada that the guy stated he came from US on the Canadian paperwork( if he put that on the paperwork)?

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