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Topic: Applying for PR, buffalo office, spouse is illegally staying in USA
Hello all,
I have a complicated question that I really need someone´s help.
Facts:
1. I live in USA with student visa (F1)
2. My husband has no status in USA and you can say he is in USA illegally. Tried getting F2 (student dependent visa) but didn´twork out.
3. I have all the documents ready to send to Buffalo office.
Question:
Do you think my husband´s status will create problems?
If yes, can he go back to his own country and wait there until my PR application is processed?
I would much appreciate all your help.
Thanks
Minj
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Normally the spouse should be eligible for an F-2 status, except for "homosexual partner" which is not recognized under Federal Law. Maybe you should try talking to representatives of your school about it.
That aside, if your spouse is in the US illegally, then that could be a problem if authorities find that out while your application is being processed. (Of course, this isn't what we wish for you!) Then he/she would have a criminal record, and therefore jeopardizing chances that both of you immigrate to Canada. Of course, there are ways to apply for pardon, etc.. But this complicates matters!
You're giving information about you and your spouse, and there will also be background checks later on. So beware. It means that some information exchange in between countries will be going on.
To be fair, chances are that nobody finds out about your spouse status, but the question is: Do you really want to gamble on it?
It would be better for your spouse to be legal elsewhere, rather than being illegal in the US.
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Hello enlightened,
Thank you so much for your reply.
You said:
You're giving information about you and your spouse, and there will also be background checks later on. So beware. It means that some information exchange in between countries will be going on.
If I make my application as if he is living in his own counrty the whole time, they still can get information from FBI?
do you think that on the background check (through FBI) will show that my husband has been in USA without status?
These might be very dumb questions but ... again thank you for your reply.
Minj
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if he never had any record in USA like SSN , and if you initiate an FBI check for some one who never exhistsed as your spouse , dont you think FBI will come after you. This is just pure logic from my side.
or if you apply , just make sure you put his address as his home country only in which you would need to provide a back ground check from that couontry only. In which at the time of interview ( which i believe you wil have in this case )..you can explain things.. contact immigration attorney for sure
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Thank you for your reply.
If they call me for an interview, do they call both of us? I mean, my husband and I have to go to interview together?
Minj
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i wouldnot think so , you both may have to attend interview in different countires... or you may attach a request letter to have them interview you in the same country as he will be in. assuming that u do get an interiew call. in my case , interview waived.
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Minj,
I think enlightened's answer was right, that is being in legal status while your application is processed is best. I don't *think* that it will matter that your husband is out of status, provided he does not get caught, which would result in a criminal record. The FBI is concerned with criminals, in other words if he is not arrested and fingerprinted then they do not know about him so everything is fine.
This is important enough to check with a lawyer though, I think.
I *don't* advise that you lie on the application about where your husband lives. Legal status or not, if they figure out that you put false information on the application it will be rejected for sure.
If you get called for an interview (not that likely) you'll both be expected to appear. Obviously if you are living in different countries they will understand this is not possible, and I think would only interview you, but I'm not sure.
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Dear Minj,
As you've read from all the postings in this thread, there are too many variables at stake here. We won't go into how to exploit all the different loopholes in the system. If you want your application to go smoothly and you want to sleep tight at night, then you have to hint your husband to go back and be in LEGAL status. Then you won't have to lie also on the application forms nor during a potential interview. Also you don't run into the risk that authorities found out about your husband's situation.
It's more difficult to lie than to tell the truth. If you lie, you might forget omit certain things and ensnare yourself in a spider web. If you want to rely on statistics and probability, then it's your call. I don't think anyone sane enough would encourage you to gamble on your future.
If you think that you have 99% chances of immigrating to Canada, then it's worth it to make sacrifices and separate for a while. You can get free advice from some lawyers (and probably your school!) on how to manage to get your husband in an F-2 status in the meantime. I just wish you the best.
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if somebody can reply asap..we have to land on/before jan 08 ,2008 my daughter 6 years old ,,,,her u.s passport is expiring on the same day ,do u tink that if we renew her passport now will there be any problem at the time of landing in canada, as her passport has canadian visa stamped ..so if we make a fresh passport will canadian border people have problem???
??
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Thank you all for your reply.
I guess the best thing to do is to send my husband home and then apply.
Or take the risk... send the application as if he is in his home country, while he lives here in USA with me.
Minj
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