Overstayed in USA and Have a new job in Canada

[hilda8519]

Hi,
I am a female engineer from Iran and studied/worked about 7 years in USA. I had a master degree in Engineer and worked as an engineer for 3 years. Before I come to USA, I have worked as a engineer for about 4 years in Iran. Wokring permit(H1B) is a lottery in USA and I am not lucky enough. After that I have transferred to B visa about 8 month and My B visa expired at this July. I did not go back to Iran and overstayed to find some other possible opportunist. Now I had an offer from a big tech in Canada and they offer me a salary about $150k one year. I am 32 years old now. I have some questions:

1.Since I have overstayed in USA, can I get the working permit and valid visa to go to Canada?
2. If I can not get working permit or valid visa, the company could wait for me for about 6 months. Does it have an enough time to apply a PR? Can I use the offer letter as materials to apply to PR before I begin to work? I have WES evaluation and IELTS about 7777.
3. If 1 & 2 are no. I am single now and if I have married someone who have a Canada PR(not citizen, he from Iran as well). Can I apply a family visa first then apply for the working permit /visa in Canada?
I have the evidence that we are in a relationship.
Thanks

 

[canuck78]

Hi,
I am a female engineer from Iran and studied/worked about 7 years in USA. I had a master degree in Engineer and worked as an engineer for 3 years. Before I come to USA, I have worked as a engineer for about 4 years in Iran. Wokring permit(H1B) is a lottery in USA and I am not lucky enough. After that I have transferred to B visa about 8 month and My B visa expired at this July. I did not go back to Iran and overstayed to find some other possible opportunist. Now I had an offer from a big tech in Canada and they offer me a salary about $150k one year. I am 32 years old now. I have some questions:

1.Since I have overstayed in USA, can I get the working permit and valid visa to go to Canada?
2. If I can not get working permit or valid visa, the company could wait for me for about 6 months. Does it have an enough time to apply a PR? Can I use the offer letter as materials to apply to PR before I begin to work?
3. If 1 & 2 are no. I am single now and if I have married someone who have a Canada PR(not citizen, he from Iran as well). Can I apply a family visa first then apply for the working permit /visa in Canada?

Thanks

You will have a lot of difficulty getting any form of temporary visa to come to Canada given your overstay in the US so I would not recommend a work permit. You can apply for express entry but you may not be approved in 6 months. Have you had your degrees evaluated, taken the IELTS, etc.? If you don’t have a current relationship with this man you may face quite a lot of scrutiny given your previous attempts to live outside Iran. Sponsorship is also likely to take over a year after marriage. Would encourage applying for express entry but be prepared that it may take longer than 6 months given all the things needed to apply.

 

[hilda8519]

You will have a lot of difficulty getting any form of temporary visa to come to Canada given your overstay in the US so I would not recommend a work permit. You can apply for express entry but you may not be approved in 6 months. Have you had your degrees evaluated, taken the IELTS, etc.? If you don’t have a current relationship with this man you may face quite a lot of scrutiny given your previous attempts to live outside Iran. Sponsorship is also likely to take over a year after marriage. Would encourage applying for express entry but be prepared that it may take longer than 6 months given all the things needed to apply.

I have finished the WES evaluation and I have an IELTS 7.5/7.5/7/7. But the express entry for national is higher than my score now. My score is 436 and I think the national is 471 now

 

[hilda8519]

You will have a lot of difficulty getting any form of temporary visa to come to Canada given your overstay in the US so I would not recommend a work permit. You can apply for express entry but you may not be approved in 6 months. Have you had your degrees evaluated, taken the IELTS, etc.? If you don’t have a current relationship with this man you may face quite a lot of scrutiny given your previous attempts to live outside Iran. Sponsorship is also likely to take over a year after marriage. Would encourage applying for express entry but be prepared that it may take longer than 6 months given all the things needed to apply.

Another question is if I and the PR are getting married can we get married in USA or we should get married in Iran? I am worried about once I go back I can not leave again.

 

[canuck78]

Another question is if I and the PR are getting married can we get married in USA or we should get married in Iran? I am worried about once I go back I can not leave again.

Will they be able to enter the US? Do you have a relationship history? Any time together as a couple.

 

[hilda8519]

Will they be able to enter the US? Do you have a relationship history? Any time together as a couple.

Yes. I have photoes and emails and some other supports materials. We are in relationship about 2 yeas and he just received his PR approve this June and receive his card this October.
He can entered in US in B visa and his salary is about $200k one year. If I could have a working permit, we will work for same company.

 

[hilda8519]

Will they be able to enter the US? Do you have a relationship history? Any time together as a couple.

I have passed the background check from the big company and already received and signed the offer letter. The company does not know that I am overstaying and are going to apply for my visa in next January. My boyfriend (he has PR) said we could get married in this December in USA and we are planning to do so. He had given me money this year for about $20000 dollars to support my living cost in USA. We have bank transfer evidence.

 

[canuck78]

I have passed the background check from the big company and already received and signed the offer letter. The company does not know that I am overstaying and are going to apply for my visa in January. My boyfriend (he has PR) said we could get married in this December in USA and we are planning to do so. He had given me money this year for about $20000 dollars to support my living cost in USA. We have bank transfer evidence.

You need more evidence that a bank transfer but it does seem like you have spent time lots of time in person in the past 2 years. Hopefully you also took pictures. You should really be warning your employer of your overstay because you are likely going to have trouble entering the US in the future. The sponsorship will still take around 12 months. You would not qualify for a work permit with Outland spousal sponsorship. Your husband would need to remain in Canada during the sponsorship period. If you need an interview you would need to go somewhere else. Don’t think they actually do interviews in Iran so maybe Turkey.

 

[hilda8519]

You need more evidence that a bank transfer but it does seem like you have spent time lots of time in person in the past 2 years. Hopefully you also took pictures. You should really be warning your employer of your overstay because you are likely going to have trouble entering the US in the future. The sponsorship will still take around 12 months. You would not qualify for a work permit with Outland spousal sponsorship. Your husband would need to remain in Canada during the sponsorship period. If you need an interview you would need to go somewhere else. Don’t think they actually do interviews in Iran so maybe Turkey.

we have chat or called each other everyday 2-3 time through some social tools such as facebook messager/wechat/whatsApp/phones. We do not have many emails evidence since it is easy to use social tools. I am not sure about the interview place and I just know if I go back I can not leave anymore.

 

[canuck78]

we have chat or called each other everyday 2-3 time through some social tools such as facebook messager/wechat/whatsApp/phones. We do not have many emails evidence since it is easy to use social tools. I am not sure about the interview place and I just know if I go back I can not leave anymore.

How much time have you spent together in person?

 

[hilda8519]

How much time have you spent together in person?

if counting by days, it 2 month for last 2 years. He spend 1 week in 2017 and 5 weeks from this January to June. Will spend 3 weeks this December

 

[hilda8519]

How much time have you spent together in person?

Can I use this offer letter to apply for PR in Canada through some province nomination?

 

[hilda8519]

I have a very clear background, no criminal records(pass FBI criminal records) and paid taxes on time/etc. My graduate school is top 20 in USA. My former company even begin to applied US residence for me because I work hard. I just can not go back to Iran because I did not very religious and it is considered as evil there.

 

[hilda8519]

I have counted that the money he total gave me this year in US dollars：$14700+8000+6000+900=29600 almost 30k about 40K in Canada dollars

 

[hilda8519]

I am very depression now and I do not know what to do.