Filing for a person who's work Visa has expired in Canada

[Carebear27 0]

Hi,

I'm getting married this December in Canada to my fiance who's Canadian work visa has expired. Once we get married I am going to file for him to come to live with me ( a U.S. citizen) in the U.S. Will there be an issue when I do this since his VIsa is no longer active?

Thank you in advance.

Carebear27

[belinda63 3,053]

I believe they must either be a citizen or legally residing in the country they interview in.

[NigeriaorBust 4,087]

He can only interview in a place he has legal residence. If he can't get status in Canada he must return to his home consulate

[Carebear27 0]

Thank you so much NigeriaorBust and belinda63. So once he is in his home country, I can then file for him from there? Will he be reprimanded at all for staying in Canada illegally when he goes back to his home country?

[NigeriaorBust 4,087]

You can file today knowin g that he will interview "at home" as long as he is there in time for the medicals it will be ok . He will need a police report covering his full stay in Canada. The US doesn't care about his bad visa behavior elsewhere for family based petitions ( I doubt he would get a visitors visa or a student one because of his history )

[Carebear27 0]

Ok thank you NigeriaorBust you're a lifesaver : )