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Author Topic: Us greencardholder and out-of-status wife  (Read 769 times)
hoh818
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« on: November 17, 2009, 05:44:16 pm »

   Hi. I'm a greencard holder here in the US (citizen of the Phils) and I would like to go to Canada to pursue my master's.  Granted that I get accepted by a bonafide university there, can I bring my wife with me even though she is out-of-status here in the US?
  I would really appreciate any of your insight on my situation. Thank you in advance.

Sad me
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PMM
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« Reply #1 on: November 18, 2009, 07:14:06 pm »

Hi

   Hi. I'm a greencard holder here in the US (citizen of the Phils) and I would like to go to Canada to pursue my master's.  Granted that I get accepted by a bonafide university there, can I bring my wife with me even though she is out-of-status here in the US?
  I would really appreciate any of your insight on my situation. Thank you in advance.

Sad me

Yes, OP1 of the manuals states the following

"Note: Family members included in an application for permanent residence or an application for a
temporary purpose, do not need to have been lawfully admitted to the country in which the application
is submitted. Such a requirement would make it impossible for some families to submit visa
applications anywhere."


PMM
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PMM
hoh818
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« Reply #2 on: November 18, 2009, 07:34:14 pm »

thank you for replying PMM.  we appreciate it a lot.

just an added info... my wife came here in the US on a tourist visa, then got her H4 as my dependent (when i had my H1B), worked illegally and now out of status.  she was on status on H4 for at least 2yrs.

any other take on this... thanks...
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Karlshammar
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« Reply #3 on: November 18, 2009, 08:53:22 pm »

PPM's quote is crystal clear: only the principal applicant has to have lawful status. There is no other take on this.
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hoh818
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« Reply #4 on: November 19, 2009, 12:47:35 pm »

Thanks Karlshammar.

So does that mean we have a good chance of going to Canada through this route?

Thanks again
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Karlshammar
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« Reply #5 on: November 19, 2009, 04:54:51 pm »

The fact that she is out-of-status will not hinder things as long as you are in lawful status.

You still have to qualify for your immigration category and fulfill all the other requirements.
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