"To Be or Not To Be" or Catch 22. -Dilema of an illegal alien in USA

[lakuku00]

First a quick thanks to all those who endeavour to help with answers. I entered the US 10yrs ago (year 2000) on a tourist visa and basically overstayed, around 2001 I was able to get a work permit (one year) later I got married to a US citizen and stayed married for 5years. Of course during the first year of the marriage we applied for adjustment of status but was turned down, USCIS did not believe it was genuine. But it was because we stayed married for 4 years after but never bothered to file again and we ARE STILL MARRIED although separated now 9 months and in process of divorce. (stress of all this got to us). I met someone a while back who happens to be also without status (overstayed tourist visa). We want to start out new in canada. We are both well educated and my current job is on the NOC 38 list.
My question is do we have to go back to our country to file for canadian immgration as I never really had status (I dont know if the marriage or work permit counts (I got another work permit after getting married) and she is not in status.

Travelling out means not being able to return (and we both have decent jobs), yet staying means never knowing when...a true dilema. Comments and advice welcome.

 

[OrangeC]

Why don't you enter Canada on a tourist visa and just never come back? You survived 10 yrs in the US, maybe you can survive another 10 yrs in Canada. And then go back to your home country.

That way you by-pass all the 'waiting in line' and 'following the rules' that us stupid people do.

 

[Leon]

I believe that since you did have a 1 year work permit in the US at one time, you would qualify to apply through Buffalo. You start off by sending your application to Sydney, NS but in order to apply with your new girlfriend, you either need to live together for a year to qualify as common law partners or you need to get married which can of course not happen until you are divorced. If the Sydney office decides that you do not qualify to apply in Buffalo, they will send your file to your country of nationality which may not have much bearing on your case since unless they require an interview which is definitely not always the case, you would do everything through the mail and never actually have to go back there.

 

[Hiprashant]

I think Shakespeare has clearly defined such situation through his dramas. so better take the lesson frm the same and be action oriented to solve the 1st problem then attack to the next......I think process has already been given by some members .

 

[lakuku00]

thanks Leon. I noticed you mentioned everything can be done by mail. How is that? the Medical is that not required to be done in the country under the visa filing office. for example if my application is re-routed from buffalo to india would i not have to do something like the medical there. Most of the other paper work can be handled by mail.

 

[Leon]

You can do the medical in the country you are located. There is no requirement to do it in the country where your application is being processed.

 

[lakuku00]

thanks Leon reading other posts have been very helpful good to know one is not alone

 

[vital]

You definitely need lawyer who has knowledge of Canada and US immigration rules.
Regards