PR in Canada with overstayed US visa

[meaganemarlon]

Hi everyone,

I’m Canadian and have been dating my Brazilian boyfriend who is living in the US for two years. I fly to see him once and month but we’d like to take the next step towards living together. He has been living in the US for two years but his US visitors visa expired over a year and half ago. We want to be together and I want to understand how this affects his chance of PR and his options to ever visit the US again. Here are my questions:

1. Can we marry in the US while I visit or will this look bad when applying for his PR in Canada because his visa is expired?
2.Can we apply for outland PR while he is in the US or does he need to go back to Brazil?
3. How will his overstayed visa affect our chances of getting PR in Canada?
4. Is me moving to the US to live with him for a year as common law an option or will this not look good on a PR application?
5. Once he does become a PR, what are his chances of getting a US visitors visa so he can visit his family in the US? Will he be barred for 10 years automatically or is this a case by case basis meaning in a couple of years we should apply for a visitors visa and try our luck.

Thank you everyone. If I could get answers to any of these questions I would be so grateful.

 

[mikeymyke]

1) You can, but ideally you should be marrying in accordance with Brazilian customs and traditions, otherwise it would be considered a red flag and a marriage just to facilitate immigration.
2) Yes you can, doesn't need to return to Brazil.
3) It may have some impact, but also would depend on the rest of your relationship profile. Has he had previous immigration violations or attempts to enter or apply visa to similar countries? Large age, cultural, educational difference? Will parents be attending wedding? One previously married while other is not? Etc.
4) Yes that's totally an option.

 

[scylla]

5. Once he does become a PR, what are his chances of getting a US visitors visa so he can visit his family in the US? Will he be barred for 10 years automatically or is this a case by case basis meaning in a couple of years we should apply for a visitors visa and try our luck.

He's going to be banned from the US for 10 years as soon as he leaves. Zero chance a US visitor visa is going to be approved for 10 years. It's an automatic ban due to the length of his overstay (not case by case). Having Canadian PR or even Canadian citizenship won't change this. He needs to be prepared to leave the US and not return for at least 10 years.

 

[mikeymyke]

Also there's a good chance he will have an interview, and if that happens, he must return to his home country for the interview, which would of course, ban him from re-entering the US.