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Canada Immigration Forum
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Foreign Workers
> Topic:
Best route for UK citizen married to US citizen, living illegally in US
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Topic: Best route for UK citizen married to US citizen, living illegally in US (Read 1057 times)
rmkfd
Newbie
Posts: 1
Best route for UK citizen married to US citizen, living illegally in US
«
on:
December 01, 2008, 09:58:47 am »
I'm a 25yr old English graduate. I overstayed my visa waiver (by six months), in the U.S. to marry and support my husband in his schooling. He's been denied visit visas to UK 3 times on the basis they believed he was going to stay and work, so this was the only way we could be together for a little while without compromising his degree.
Anyway I'm now returning to the UK in a week. My husband and I are prepared to do anything to get visas to Canada and live together there and see how we like it. The live-in caregiver seemed the best route, as I have been a nanny for the last 5 months, and it appears that I can do a relevant six month full time course in UK to qualify for entry. Is this true?
Is it worth me applying for a temporary work visa/live-in caregiver or will they automatically refuse me due to my U.S. visa waiver overstay? Should I go straight for immigrant visa or is this likely to be denied too due to my U.S. visa overstay?
We just want to be together somewhere!
*r*
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claxtonCT
Full Member
Posts: 38
Re: Best route for UK citizen married to US citizen, living illegally in US
«
Reply #1 on:
December 02, 2008, 05:19:51 pm »
Did you know that if you are MARRIED to a US CITIZEN he can sponsor you to live and work in the US even if you are overstayed/illegal. This is called adjustment of status. You just need to prove this is a legitimate marriage. It will take much longer than normal and attorney's fees will be higher because the process is more complicated than normal but you will be eventually granted Green Card and in 3-5 years you can apply for american citizenship
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Leon
VIP Member
Gender:
Posts: 5977
Re: Best route for UK citizen married to US citizen, living illegally in US
«
Reply #2 on:
December 02, 2008, 08:28:55 pm »
Have you looked into sponsoring your husband to the UK? Since you are married, he should be entitled to join you there even if he can't go there as a visitor. If the UK is not working out for you and your husband wants to try to sponsor you to the US, it's definitely an idea for you to work in Canada as a live-in caregiver while your husband is working on getting you to the US. You would be closer and he can come to Canada to visit you. If the sponsorship for him to sponsor you to the US doesn't work out, you will be able to apply for permanent residency in Canada after 2 years of work and then you can include him on your application for PR.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
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