US Permanent Resident Sponsoring Mexican Citizen

[rachel6992]

Ok, we have a crazy situation!
I am a Canadian citizen, and have lived in the US since I was a little girl (my parents brought us here when I was 2).  I have been with my partner for over 3 years now and we'd like to move to Canada.  I'm going to sponsor him as my common law partner for his permanent residency.

Here's the kicker... well the first one anyway.  He is a citizen of Mexico and has a tourist visa for the US.  Every time he has crossed the border, they give him a permit to stay, usually 6 months.  As most Mexican toursits do in the US, he has overstayed it.  At this point it's been about 2 years.  We both want to live somewhere and BOTH be legal, and I think Canada's the perfect place for that.  Plus I can get to know my native country that I really know nothing about.  Will this be an issue with our application?

Secondly, as far as the application goes, the Additional Family Information section had us confused.  Orginally, we sent in the app with that part as 'not applicable' (because we have no children), and it was sent back to us.  I am now under the impression that we need to include his mother and sisters.  Is this correct?  Having said that, should we include his stepfather or real fater?  Or both?  He doesn't really have a relationship with his real father, but it seems like we'd still need to put him on the application.  Any advice on this?

Thank you all so much, this forum has been amazingly helpful!!

[Suin]

hello,
can your partner return to his country to break that illegal status he has? If he doesn't have a criminal background they do not usually pay much attention to overstaying.
As for the additional relatives form - yes, you need to submit all the information about close relatives, like brothers-sisters, step-brothers-sisters, mother, father, stepfather, kids, step-kids. Be as truthful as possible and it will help your process.
good luck!

[Leon]

You will have to apply through Mexico and if they call him for an interview, he will have to go there.  He can stay in the US during the processing though.  You will have to put his parents and siblings on the additional family info.  It's not a big deal.

As a Canadian citizen living abroad, you need to provide proof and you and him are planning on moving to Canada when he gets his PR.  Usually this includes a job offer, acceptance to college, having arranged housing etc.  At the very least family support, relatives saying they know of your plans and you can stay with them for a while etc. but in your case, also include a cover letter stating that you have to move to Canada since he can't get legal status in the US.

However, could you get US citizenship?  If you get US citizenship, wouldn't you be able to sponsor him to the US?  You realize that if you move to Canada, you will at some point lose your Green card in the US.