Sigh....I have a headache just thinking about this whole process. Our situation is a little unique in a few ways. I am the Canadian, my husband is American. We were married in Sept 2011. He has been here since August 2009. But here are some of the rubs:
- He is here illegally, hence he is not working but that is no problem as I make more than enough for us both. Basically he was coming for 2 weeks (had a return ticket and everything). Long story short, he ended up staying. Largely it was due to we did not want to be seperated and at the time I had a crappy job so any visiting back and forth would not have even been conceivable.
- Secondly I am nervous as there is an age difference (I am 36, he is 24). I have heard this can sometimes cause issues?
-Thirdly I cannot seem to get a straight answer anywhere that if we apply inland does he or does he not need to send in the form and fee to "re-instate legal visiting status" or just apply and wait for AIP?
I know there have been a few people through here that have applied inland while being here illegally, I am hoping for some insights from them if they are still around. Was any part of your process any more difificult due to the illegal status? Any tips or advice you can share?
I have also sent a requets to talk to Lawyer David Cohen and am hoping to get some info.
Thanks in advance :-)
I am in a same-sex relationship and the age difference between me and my partner is almost twice as yours, and we didn't have any problem throughout our process, it was processed just like the others. I am not sure if they look at it differently when it's a straight couple and the older one is the female.. In any case, if you go INLAND or OUTLAND, just make sure to create a strong application, FILLED with evidences about your relationship.
Regarding his current lack of status, if INLAND, it may end up being overlooked by the officer working on your file. It will depend on your application as a whole. The fact he is american is a plus.
I don't understand why you guys would choose the INLAND path.. He is american, he needs no visa to stay here for up to 6 months and once that time is up he could easily
get an extension.
If you haven't applied yet, I would strongly advise you to choose the OUTLAND route. The processing time is much shorter than the inland one. He can still be with you(as long as he has his legal status) during the process.
If you apply INLAND there is no need to send a form to restore his status, he is not eligible anymore since it's been more than 90 days since his allowed time to stay expired.. He will have to wait until AIP, then with those letters you will be able to request an Open Work Permit.
Be careful with lawyers, all information you need are all over the internet. Search for IP8(Inland Processing) on Google. I read that over 20 times and i found it to be very useful.