Spousal sponsorship for husband who has overstayed in USA

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Uche Spot

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Spousal sponsorship for husband who has overstayed in USA
« on: May 20, 2017, 12:17:38 AM »
Hello,
I have a friend who has just received an Invitation To Apply (ITA) from Canada and she just got engaged to her fiance who is currently residing in the US but has overstayed in the US. He still has a valid US visa till 2018 but has overstayed the 3 weeks period granted him at the US border point of entry about 3 months ago. Can she include him now in the Invitation To Apply (ITA) application even as he is out of status in the US or can she file for him when she receives her PR and they get married?
Will his illegal status in the US affect his Canadian spousal application?

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Riley Haas

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Re: Spousal sponsorship for husband who has overstayed in USA
« Reply #1 on: May 23, 2017, 10:09:43 AM »
Unfortunately he needs legal status in the country he is residing in if he is to apply for PR. So he needs to leave the US and return home. They also need to marry (I believe it's okay to marry in the US without status, but that's not a question I know for sure). Only then she can include him in her PR application.

Sorry for the bad news.

 

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