If the PA had been legally admitted and had been legally living in US for over 12 months, then the big chance is that IRCC will proceed his application as a US person. I had seen this happened to many cases on this forum.
Canadian wanting to sponsor Illegal US immigrant spouse
- Thread starter hsksata
- Start date
Eventually he will need to obtain a FBI clearance, will that trigger a deportation by the US?
IRCC is not required to process the app in the US even if the person was there legally to begin with. Generally, they transfer the app to the VO of nationality.
He can't sort out his status in the US expect by leaving. IRCC will not see him as a risk provided they have sufficient proof of a genuine relationship. He wouldn't be "jumping borders" if approved for PR in Canada.
Hello Scylla,
I have posted almost the same situation as this in the past before I decided to marry my fiance who lives in the US illegally for 12 years and you gave your positive insights regarding my situation.
I just would like to share my update and timeline:
We got married in July 2018
Sept. 24, 2018 - Spousal app sent to Sydney, NS
Sept. 26, 2018 - App received
Dec. 19, 2018 - AOR1, GCkey linked
Jan. 25, 2019 - Sponsorship Approved
Jan. 30, 2019 - Medical Request
Feb. 1, 2019 - App transferred to MVO
Feb. 5, 2019 - Medical done in LA, Ca
Feb. 12, 2019 - Medical passed
Feb. 26, 2019 - Pre-arrival services inv
Still waiting for:
Additional documents if any
Background check
Decision (for PA)/ AOR2,
PPR, Visa
Sorry to revive an old thread, but I'm about to do something similar and I wanted to know how you guys went about disclosing the undocumented status in the application.
Hi there,
I have requested for the GCMS notes and it says, medical/eligibility/criminality passed; and that the officer is satisfied with the proof of our relationship. He states on the notes that the Principal applicant resides in the States but did not elaborate his status. So basically we are just waiting for the final decision and passport request once approved. Since the normal processing time is 12 months, we will be turning 1 year on the 28th of Sept (next month). We’re almost there.
The Generic Application Form IMM0008 asks in Question 10 for the Current Country of Residence and Status. You would say Status: "Other" and under Other: "Out of status requires Restoration". You'd also provide information about how and when you entered the country. In addition it's a good idea to prepare a cover letter outlining the facts of the situation. If you entered on a visa send a photocopy of that visa page and also a copy of the entry stamp in your passport. If you entered without being inspected then provide facts about your entry in the cover letter.
In my wife's case, her family moved from Brazil to Portugal when she was 8 years old. They then overstayed their visas and she's been there ever since. Thanks for the advice about the cover letter; we want to be as upfront as we can about her situation.