Some questions about potential red flags

[batata_ 0]

Hi,

I'm the petitioner (US citizen) and I've been living in Canada with my fiance for a few years. I've been out of status in Canada (overstay) for the majority of my time here, for the sole purpose of not wanting to be separated (I'm not working illegally or anything). We've just started filing for a K-1 visa so that we can finally be done with this mess in Canada and live in the US together.

Does anyone know if, as the petitioner, my overstay in Canada could negatively affect our K-1 process? I was actually hoping the fact that we've lived in Canada together at the same address would benefit us in terms of proving our ongoing relationship, but I'm still paranoid.

Some of my other worries have to do with my fiance (the beneficiary). He is not Canadian and is in Canada on a work permit. The Canadian work permit has expired, and it is currently in the process of being renewed. Would this be a "red flag" for any reason? The other potential "red flag" worry I have is that he was in the US years ago, on a student visa. He never overstayed, was never deported, etc. Unfortunately he was once denied entry to the US when trying to return for school after a vacation. He has not since not tried to re-enter the US. Do you think we will run into a problem because of this?

I really don't want to use a lawyer just to file for a K-1, but I'm starting to think we might need one after all.

Thank you.

[KayDeeCee 4,904]

The US will not care about you being in Canada illegally.

If the beneficiary gets the work permit renewed and is legally residing in Canada, then he can interview there.

Why was he denied entry if he had a student visa and was returning to school?

[canadian_wife 1,831]

Canadian consulates are VERY strict about domicile. You'll want to read up on that before you proceed with the interview. There is a sticky over in the Canada regional forum.

The interview must be held in a country where the beneficiary legally resides. If, for whatever reason, the work permit is denied, the beneficiary will have to return home.

what country is the beneficiary from?

good luck

[batata_ 0]

Why was he denied entry if he had a student visa and was returning to school?

I wish I could remember the details right now but it was something that they they told him he could fix and re-try again - I think the visa was close to expiration?

[batata_ 0]

Canadian consulates are VERY strict about domicile. You'll want to read up on that before you proceed with the interview. There is a sticky over in the Canada regional forum.

The interview must be held in a country where the beneficiary legally resides. If, for whatever reason, the work permit is denied, the beneficiary will have to return home.

what country is the beneficiary from?

good luck

Thank you for letting me know about the domicile - I'm going to start looking into that now.

He is from Syria and I'm terrified at the thought of him having to go back there.

[canadian_wife 1,831]

Keep in mind also that men from certain countries often get up in administrative processing.

If the USC does not live in the US, often the consulate will require them to move back to the US before the visa can be issued. As I said, the consulates in Canada are very strict about this

good luck

[Jon York 156]

Hi,

I'm the petitioner (US citizen) ... The other potential "red flag" worry I have is that he was in the US years ago, on a student visa. He never overstayed, was never deported, etc. Unfortunately he was once denied entry to the US when trying to return for school after a vacation. He has not since not tried to re-enter the US. Do you think we will run into a problem because of this?

I have a Canadian friend who was once denied entry into the US about two and a half years ago. She has since stayed away - but has been stressed out about it ever since - not really knowing if she could ever come back or not.

So, this past December when I was visiting her in Montreal, I told her, 'why don't we just go down to the border and ask!' So I took her to the border at Plattsburgh and we just walked in and asked them to tell her what her status was and if she could re-enter at some later point! And... they told her! They gave her some very good information that helped her clear things up. She was very up front with them and told them what happened last time and then asked, "Can I visit the US in the future?" (Basically they told her yes, as long as she brought some proof that she has ties to where she's living now - which is France).

What we learned from that was that instead of just sitting at home wondering what's going on - you can actually go to a border station and ask them... if you can get to one easily enough. And most Canadians can!

Edited February 23, 2014 by Jon York

[N-o-l-a 7,169]

I think other people have given you good advice about Canada and the domicile issue, so I'll leave that be.

A previous student visa is not a problem and being turned away at the border is usually not a huge problem depending on what he was refused entry for.

Your (the petitioner's) legal status in Canada also does not matter. Some consulates might have an issue with the beneficiary's legal status, but that is something you'll have to ask them to be 100% sure of. You might get some understanding and sympathy on the humanitarian front.

Edited February 23, 2014 by N-o-l-a