USC living abroad illegally - is CR-1 still an option for us?

[silkserpent 0]

Hi,

I am a US citizen currently living with my fiance in Canada (he is a legal resident in Canada, but a citizen of Syria). We're thinking about going the CR-1 route to bring him back to the US with me, and filing from here in Canada. I got excited when I read about the CR-1 process being possibly expedited when filed by the USC abroad.

The (potential) problem is that I am living in Canada illegally. I initially had attempted to enter Canada but was denied entry because the immigration officer believed I wouldn't leave Canada when I was supposed to. A month later, I came back to Canada legally, but overstayed the allotted 6 month period (I've been here a year now) and it's too late to have a chance of restoring my status. I am not working in Canada illegally or anything, just can't bear to be separated from my fiance, and that's why I never went back home.

Does anyone know if my illegal status (and/or my denied entry to Canada in the past) in Canada is going to be a problem for us if I file for the CR-1 (or even K-1, since we're also considering it) from within Canada? We would absolutely not lie about it on any forms/documents/interviews, but I'm wondering if I should even go about this CR1 process or if it will be a lost cause. Maybe there's a better way to get us back to the US together?

My fiance has lived in the US before, legally, and has always been legal in Canada. I'm assuming everything should be okay on his side since he's the one who needs the visa after all - but I can't help but worry that my own immigration problems will affect this process.

If anyone has any advice or suggestions I would really appreciate it. I'm so frustrated and nervous. Thank you so much.

[Penguin_ie 5,986]

You living abroad illegally won;t matter to the petition or visa application, but the auto-expedite for USC living abroad is over, so it won't be any faster anyways.

[The Mean Lady 604]

Everything penguin said above ^^ plus:

You will need to establish domicile in the US for visa approval.

This may also be intent.

Please refer to here on that:

http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

Edited January 6, 2013 by KDH

[canadian_wife 1,791]

Montreal is strict about domicile, you'll probably have to move back to the US before your fiance in order to establish domicile

good luck

[silkserpent 0]

Thank you for your help