Bahamian citizen living in Us, married to Canadian citizen

[islandgirl25]

Hello! I've been skimming through this forum and it has been REALLY helpful and an eye opener! My dilemma, I am a 25 y/o Bahamian woman, I was brought to the US as a child and since then i have been here illegally . I recently married a Canadian citizen and we would like to start our lives in Canada, together. Our courtship was extremely short! I'm talking, from meeting to wedding= 8 months. Of course we love eachother and we have all of the proof, but we are still nervous and lost at what to do. Like, which office will process our applications; Buffalo or Kingston? When to send in applications? If it's wise for me to visit him while application is being processed? sooooo many questions Any one else like me? all stories are welcomed..thank you all!

 

[scylla]

Were you ever legally admitted to the US (i.e. when you originally arrived) and did you have legal status for at least one full year? If not, then your visa office will have to be Kingston.

When you first submit your application, everything will be sent to the Mississauga office in Canada. Once they've completed their review, the package will be forwarded to the processing office.

When you say "visiting him", I assume you mean visiting him in Canada? If so, then I'm not sure that's a good idea. Because of your illegal status in the US and the length of time you've been illegal, you're going to be slapped with an automatic ten year ban (preventing you from entering the US) as soon as you leave the US. So my two cents would be to stay put until your application for PR in Canada has been finalized.

Let us know if you have any further questions!

 

[islandgirl25]

Were you ever legally admitted to the US (i.e. when you originally arrived) and did you have legal status for at least one full year? If not, then your visa office will have to be Kingston.

When you first submit your application, everything will be sent to the Mississauga office in Canada. Once they've completed their review, the package will be forwarded to the processing office.

When you say "visiting him", I assume you mean visiting him in Canada? If so, then I'm not sure that's a good idea. Because of your illegal status in the US and the length of time you've been illegal, you're going to be slapped with an automatic ten year ban (preventing you from entering the US) as soon as you leave the US. So my two cents would be to stay put until your application for PR in Canada has been finalized.

Let us know if you have any further questions!

yes, we were legally admitted...and we did stay the whole 20 something years w/o going back..i did mean visiting himm, but i was sorta hoping that the application would be finalized before the 6 months are up (assuming I would leave to Canada a fw months well after the application is sent in) I'm not too concerned with being banned from the US.i'll definitely take it into consideration, though..thanks for your response!

 

[scylla]

Your application certainly might be finalized in six months. (My husband's application was processed through Buffalo and we were done in 4.) Unfortunately this isn't something anyone can tell you in advance. The fact that you currently have no status in the US could increase the processing time of your application - or it might not. Again, impossible to tell.

If you decide to use Buffalo as your processing office - then you definitely should not leave the US until the application is finalized. If you are required to attend an interview - then that interview will be held in the US and cannot be moved to another country (and if you cannot attend the interview your application will be canceled). Since leaving the US will trigger the 10 year ban and you won't be able to re-enter the US, you'll need to stay in the country. Alternatively, if you really want to visit Canada, then you should use Kingston as your processing office.

 

[islandgirl25]

Your application certainly might be finalized in six months. (My husband's application was processed through Buffalo and we were done in 4.) Unfortunately this isn't something anyone can tell you in advance. The fact that you currently have no status in the US could increase the processing time of your application - or it might not. Again, impossible to tell.

If you decide to use Buffalo as your processing office - then you definitely should not leave the US until the application is finalized. If you are required to attend an interview - then that interview will be held in the US and cannot be moved to another country (and if you cannot attend the interview your application will be canceled). Since leaving the US will trigger the 10 year ban and you won't be able to re-enter the US, you'll need to stay in the country. Alternatively, if you really want to visit Canada, then you should use Kingston as your processing office.

hmmmmmm...makes lots of sense!! thank you so much!!
bumping for more replies, please

 

[chelley]

I've been around the kgn boards awhile (we're an active and helpful group here ) and have seen ppl from Bahamas get thru in 2-3m and no longer from our experience... However your overstay may create issues... You would probably want a qualified lawyer advise you...

Maybe apply for US status on humanitarian grounds first? I don't know what the answer is... You really have a case that would benefit from legal advice..

Good luck

 

[islandgirl25]

I've been around the kgn boards awhile (we're an active and helpful group here ) and have seen ppl from Bahamas get thru in 2-3m and no longer from our experience... However your overstay may create issues... You would probably want a qualified lawyer advise you...

Maybe apply for US status on humanitarian grounds first? I don't know what the answer is... You really have a case that would benefit from legal advice..

Good luck

thank you!! we've been thinking of taking that route

 

[chach]

Your application certainly might be finalized in six months. (My husband's application was processed through Buffalo and we were done in 4.) Unfortunately this isn't something anyone can tell you in advance. The fact that you currently have no status in the US could increase the processing time of your application - or it might not. Again, impossible to tell.

If you decide to use Buffalo as your processing office - then you definitely should not leave the US until the application is finalized. If you are required to attend an interview - then that interview will be held in the US and cannot be moved to another country (and if you cannot attend the interview your application will be canceled). Since leaving the US will trigger the 10 year ban and you won't be able to re-enter the US, you'll need to stay in the country. Alternatively, if you really want to visit Canada, then you should use Kingston as your processing office.

i would think that the interview would be in your country of citizenship (ie. bahamas) and NOT the USA??

 

[Vinnigurl]

Hi Island girl
I am in a similar situation, I entered the US with my parents when i was fairly young and was out of status. I chose Buffalo as the visa office and they told me I had to send it to my country of citizenship, that mistake cost me 3 months. I have never attempted to visit my husband in canada since I wouldn't be allowed in the US again. I am going in for my interview soon and will have to wait in my home country until the rest of my application process is over.

 

[scylla]

Chach -

The interview will be held in the country you select as your processing office.

The OP said that she was considering using Buffalo as her processing office since this is where she currently lives. If she selects Buffalo, then the interview will be held in the US.

There are a couple of people on this board who selected Buffalo as their processing office (although this wasn't their country of citizenship) and were then unable to enter the US and attend the interview. Their applications were canceled. This is why it's so important to select the processing office carefully.

 

[chelley]

The OP said that she was considering using Buffalo as her processing office since this is where she currently lives. If she selects Buffalo, then the interview will be held in the US.

There are a couple of people on this board who selected Buffalo as their processing office (although this wasn't their country of citizenship) and were then unable to enter the US and attend the interview. Their applications were canceled. This is why it's so important to select the processing office carefully.

from what i understand, you can only select a country as a processing office if you have been LEGALLY admitted to it for at least a year.. based on this, selecting the US as the processing country would likely require the OP to demonstrate they are legally admitted to US (or Canada) for at least the previous year, which they cannot do...

Without some humanitarian considerations, i don't believe selecting US as a processing office is possible... it'd have to be Kingston... but even then there is some issue of explaining the overstay may delay or cause further complications within the process...

 

[islandgirl25]

Hi Island girl
I am in a similar situation, I entered the US with my parents when i was fairly young and was out of status. I chose Buffalo as the visa office and they told me I had to send it to my country of citizenship, that mistake cost me 3 months. I have never attempted to visit my husband in canada since I wouldn't be allowed in the US again. I am going in for my interview soon and will have to wait in my home country until the rest of my application process is over.

oooooh wow!! wow..thank you so much for this! which country are you from?

 

[islandgirl25]

thank you for the replies! i really appreciate the help! i guess we're in a sticky situation..b/c i've been here over 20 years..so i'm guessing, it would be wise to send it into kingston incase i'm called for an interview? or like another poster stated, to avoid delays by having to explain why i overstayed...good grief...very discouraging ..thanks again!

 

[scylla]

chelley -

I absolutely agree with you. I think the OP should go with Kingston.

In my first reply to her I mentioned the requirement of being legally admitted for at least one full year (in order to qualify for processing through Buffalo). However given how long it's been and give her current illegal status in the US (and given she wants to visit Canada while the application is being processed which would trigger the 10 year ban) - I think Kingston would be a much safer bet.

 

[scylla]

islandgirl -

It's ultimately your choice. However if I was in your shoes I would go with Kingston.

Good luck with whatever you chose to do!