thanks to all vjs, has anyone here experinece this, getting k3 visa in canada as a refugee claimant, a nigerian but a refugee claimant, in canada, working with working with open work permit issue for refugee claimant for over a year living in canada for 2 years now , and paying tax, and got married to USC in canada. since k3 is only issue where the marriage took place, is it gonna be a turn down at the embassy, when they ask for legal status in canada. someone can shed light

There is another topic currently going about the same issue of a Tunisian that lives in Italy as an illegal alien. And the consensus was that they never asked the status in the country of residence nor did they ask for proof of the status in the country of residence. But you still have to provide police certificates from Nigeria and that could take a while from Canada. I hope someone else comes along with more definitive information. Also, check out that other thread for more information about what other people have experienced regarding filing in another country and legal or illegal status in that country.

Good Luck!

Is he in Canada legally?

I am asuming that if your husband is in Canada with a work permit he is there legally and he should have no problem. There are many who have petitioned for a fiance/spouse while they were in a third country.

legal or illegal?
in USA if u came in without inspection it is illegal i dont think one can get a legal status u have to go back to ur home country if someone file in spouse visa for u, but in canada it is different, if u come in without inspection u can go to immigration to claim refugee and u will be given a refugee claimant status, issue by CIC then later u will be given an open work permit to work, even if u marry a canadian citizen or permanent resident holder with does status he or she can file in for u, inside canada without going back to ur home country, even u can apply for ur permanent resident on humanitarian and compassionate, within canda without leaving the country, the work permit issue to u has given u a status to stay in canada and it is renewable at any time.but since i was reading a post that montreal embassy does not allow that kind of work permit for immigrant visa, i dont know may be it is allow for k1/k3 those re non-immigrant visa. so to say legal or illegal i dont know ones u re given a work permit to work i think u e legal for that period of that that work permit.