American Citizen and Ukrainian citizen w/o a status

[lost]

Hello - this is a great forum.  I am new to this and appriciate any advise I can get.

Here is our situation

I am an American Citizen (immigrated from Russia 15 years ago)
My husband is a Ukrainian citizen, who came to US as a crew member of a ship and stayed.  He immidiatly applied for political asylum which was denied.  He appealed and it was still denied.  He was ordrered to leave, but instead he just stayed.

Since then, we got married, had a baby.  After talking with a few attornies here in the US, we realized, that our chances of getting him legalized are very slim.

We have friends in Toronto and now think that moving to Canada may be the best thing for us.  However, how can it be done?

I took the assesment test and got more than enough points.  Also, I don't think it'll be difficult for me to find a job with my education and experience.

But, can I apply to CIC with my husband listed together with me, while he is currently illigaly in the US? And if not and he has to go back to Ukraine, how do we approach this? Do I still apply from US and list him even though, he'll be in Ukraine? Do we need to apply twice?

To add to the complexity, his Ukrainian passport expired and the embassy doesn't want to renew it unless he proves his legal status in US.  So, even if he is to volantarily go back, I am not sure how it will work with an expired passport.

I know.. many questions, but we are so desparate and any help will be greatly appriciated.  Thank you!!!

[thaiguy]

One thing is certain - they won't begin processing your application until they have valid passport info. for both you and your husband.  That trumps everything.  So he's going to have to go back to the Ukraine no matter what.

You are eligible to apply through the Buffalo office since you, the primary applicant, are a U.S. citizen.  Even if you go to the Ukraine with your husband, you can still apply through Buffalo.

For the first year or so after you apply for PR, the Buffalo office doesn't do much except check for basic information, accept the application fee, and then put the application in queue.  So you have about one year after sending your application before they begin processing your app.  During this one-year period, you can send follow-up information and support documents without it affecting overall processing time.

What I don't know is whether they will accept your application without your husband's passport information.  If they will, then you can spend more time together in the U.S.  If not, your husband will have to go back to the Ukraine prior to filing the application.

Someone else might be able to answer this question.

[atos]

hi
for you no problem at baffulo.  For him, you need to be wise, he must go back and return with valid passport with Fiance visa, than both of you can apply together at Baffulo.

Fiance Visa process takes only 2 - 6 months depending on country.  This is the most easy way.

Another thing, never apply with expired possport, he will be in a big problem for ever to enter to canada.

[lost]

hi
for you no problem at baffulo.  For him, you need to be wise, he must go back and return with valid passport with Fiance visa, than both of you can apply together at Baffulo.

Fiance Visa process takes only 2 - 6 months depending on country.  This is the most easy way.

Another thing, never apply with expired possport, he will be in a big problem for ever to enter to canada.

We understand that we may have no choice, but for him to return.  However, how is your suggestion going to work? How can I apply for a fiance visa for him, when we have been married already for a few years. 

Is it faster if I apply just for me and my daughter (we can all stay together during the processing time) and then once I am in Canada apply as a sponsor for my husband who will be in Ukraine at that time?

[lost]

thaiguy - thank you for your detailed reply.  We'll try to talk to the embassy again.