Sponsoring my spouse who is out of status in the US

[Ineedanswers]

Hi,

I need help with a few questions. I hope I can get some sound advise.

My fiancé is currently in the states on a visitors visa. He's been there for 7 and a half months, so he overstayed his visit. We will be getting married this summer, and I will be sponsoring him to move to Canada. I am a Canadian citizen by the way.

My question is, once I've submitted the sponsorship application, does he need to go back to his home country for it to be processed? Is there a way for the application to go through without him returning home?

I have been advised that he could enroll in a course to give reason or him to be in the states. We don't mind doing that because school is one of the reasons he decided to come to North America. However, with him already overstaying his visa, will it be difficult you get into a course/certificate program?

Please advise. I am grateful for whatever help/information you can provide.

Kind regards.

 

[scylla]

His application will be process through the visa office responsible for his home country. Since he's out of status in the US, the application cannot be processed through a US visa office. If an interview is required, it will be held in his home country and he will be obligated to attend in person (and will have to leave the US).

I would very very strongly recommend that he leave the US and return home if his overstay has been less than six months. Once he overstays for six months or more, he will be automatically banned from the US for a 3 year period as soon as he leaves. Once he overstays for a year or more, the ban increases to 10 years. His status in the US will also likely cause CIC to review your application more closely to ensure your relationship is genuine. He would be best off applying from his home country.

I don't think it's possible for him to study in the US or obtain a US study permit given he's already out of status in the country. This would be a question best posted to a US immigration forum.

 

[Classic Chucks]

Hi,

I need help with a few questions. I hope I can get some sound advise.

My fiancé is currently in the states on a visitors visa. He's been there for 7 and a half months, so he overstayed his visit. We will be getting married this summer, and I will be sponsoring him to move to Canada. I am a Canadian citizen by the way.

My question is, once I've submitted the sponsorship application, does he need to go back to his home country for it to be processed? Is there a way for the application to go through without him returning home?

It is best for him to just go home.

I have been advised that he could enroll in a course to give reason or him to be in the states. We don't mind doing that because school is one of the reasons he decided to come to North America. However, with him already overstaying his visa, will it be difficult you get into a course/certificate program?

Not possible as he is out of status.

Please advise. I am grateful for whatever help/information you can provide.

Kind regards.

I share the same sentiments with the poster above.