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Can i get visitor visa if i am living out of status in America?

haris313

Newbie
Oct 30, 2017
2
0
Hi, I came to America on an h1b visa and I was issued an i94 by an immigration officer at the airport.
I worked for the company for an year, I paid all my taxes. I got laid off after that.
Now this year my employer revoked my h1b, and now I am out of status in America.
my date of exit from America is next year in September.

Can I get the visitor visa for Canada with that background, if yes can I get married on that visa and if yes, do I have to come back to my home country India or America for a visa interview or else I can just stay in Canada while my future wife can file papers for me.

Thank you
 

scylla

VIP Member
Jun 8, 2010
92,902
20,523
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
If you are already out of status in the US, it's unfortunately highly unlikely a visitor visa will be approved.
 

haris313

Newbie
Oct 30, 2017
2
0
Thank you,
If I want to marry a Canadian girl, then what will be my options.
Can she come in America and marry me and go back and file papers for me?
If yes, then do I've to go back to my home country India for the Visa interview or can I stay here in America and can complete my Visa interview?
Last question
How long the whole process will take?
Thank you
 

DEEPCUR

Champion Member
Apr 12, 2016
2,428
640
Your status ended on last day of your employment, not after employer revoked your visa. You need to leave US ASAP if you ever want to come back. If you have already stayed past 180 days without status, you may be barred from coming for 3 years or more to US.

All this will have repercussions on Canadian immigration too. Best course for now is to leave US and get married in India. The more days you stay there, you are more will fully violating the status. You are creating more case and complications for yourself by marrying when not in status.
 
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Vpalanimuthu

Star Member
May 12, 2017
77
22
Your status ended on last day of your employment, not after employer revoked your visa. You need to leave US ASAP if you ever want to come back. If you have already stayed past 180 days without status, you may be barred from coming for 3 years or more to US.

All this will have repercussions on Canadian immigration too. Best course for now is to leave US and get married in India. The more days you stay there, you are more will fully violating the status. You are creating more case and complications for yourself by marrying when not in status.
You have 60 day grace period starting from jan 2017 after the end of your employment before which you can transfer to another sponsorship or return home without being out of status[source: Attorney who explained me this after I got laid off in june]
 

DEEPCUR

Champion Member
Apr 12, 2016
2,428
640
You have 60 day grace period starting from jan 2017 after the end of your employment before which you can transfer to another sponsorship or return home without being out of status[source: Attorney who explained me this after I got laid off in june]
OP sounds like he has been out of status since long.