Does overstay in Canada affect CR-1?

[AlexSH 5]

Hello,

My wife (Vietnamese) and I (USC) got married in Canada. She has been overstayed her Canada visa. Our plan is when it's her time to do the interview, she will fly back to her home country (Vietnam) and have her interview there. I believe the US and Canada share immigration data so they will know about her overstay in Canada. Will it by any chance affect the decision on her CR-1 visa?

 

[Mike E 11,740]

1 hour ago, AlexSH said:

Will it by any chance affect the decision on her CR-1 visa?

Unless she is arrested, no

[Redro 4,611]

2 hours ago, AlexSH said:

Hello,

My wife (Vietnamese) and I (USC) got married in Canada. She has been overstayed her Canada visa. Our plan is when it's her time to do the interview, she will fly back to her home country (Vietnam) and have her interview there. I believe the US and Canada share immigration data so they will know about her overstay in Canada. Will it by any chance affect the decision on her CR-1 visa?

 

It won't impact her CR-1 decision. One thing will be to make sure she gets her police background check from Canada as I assume she has been in Canada for over a year? 

[AlexSH 5]

14 hours ago, Redro said:

It won't impact her CR-1 decision. One thing will be to make sure she gets her police background check from Canada as I assume she has been in Canada for over a year? 

Yes, we will obtain the Canada police check as she has been living there for a couple of years. Another question, lets say she receives the IL in May for an interview in August. If we request the police check in May, there will a gap from May to August, would there be any problem?

[Redro 4,611]

2 minutes ago, AlexSH said:

Yes, we will obtain the Canada police check as she has been living there for a couple of years. Another question, lets say she receives the IL in May for an interview in August. If we request the police check in May, there will a gap from May to August, would there be any problem?

She will need to obtain the police certificate for NVC- before she gets her interview date. I assume her last address on the I-130 is in Canada. This means she will be assigned Montreal consulate. You will have to request they move the interview from Canada to Vietnam. This will take extra time. The police clearance certificate should be valid from submission at NVC to interview (it is usually valid for 1 year). 
Im not sure about rules in Canada and overstay. hopefully you have researched if it is possible to obtain the police certificate after overstaying (on the visa she had) and the implications of requesting one if you are out of status. 
 

[AlexSH 5]

13 minutes ago, Redro said:

She will need to obtain the police certificate for NVC- before she gets her interview date. I assume her last address on the I-130 is in Canada. This means she will be assigned Montreal consulate. You will have to request they move the interview from Canada to Vietnam. This will take extra time. The police clearance certificate should be valid from submission at NVC to interview (it is usually valid for 1 year). 
Im not sure about rules in Canada and overstay. hopefully you have researched if it is possible to obtain the police certificate after overstaying (on the visa she had) and the implications of requesting one if you are out of status. 
 

Question 62 in I130 form does ask where the beneficiary intend to have the interview at. It also says "NOTE: Choosing a U.S. Embassy or U.S. Consulate outside the country of the beneficiary's last residence does not guarantee that it will accept the beneficiary's case for processing. In these situations, the designated U.S. Embassy or U.S. Consulate has discretion over whether or not to accept the beneficiary's case".

 

We really don't have any choice other than go back to Vietnam as having interview in Montreal is impossible since she's out of status. She has done some police check in the past for school purpose and they didn't ask about immigration status. I hope it stays true and she won't have an issue next time requesting one.

[Redro 4,611]

9 minutes ago, AlexSH said:

Question 62 in I130 form does ask where the beneficiary intend to have the interview at. It also says "NOTE: Choosing a U.S. Embassy or U.S. Consulate outside the country of the beneficiary's last residence does not guarantee that it will accept the beneficiary's case for processing. In these situations, the designated U.S. Embassy or U.S. Consulate has discretion over whether or not to accept the beneficiary's case".

 

We really don't have any choice other than go back to Vietnam as having interview in Montreal is impossible since she's out of status. She has done some police check in the past for school purpose and they didn't ask about immigration status. I hope it stays true and she won't have an issue next time requesting one.

I’m aware she won’t be able to interview in Montreal. They have a rule you have to show proof of residency… but USCIS will probably still assign you to MTL so you will have to request the change. You can be safe and have her request the police check now and return to Vietnam as soon as she receives it. PCCs remain valid as long as you don’t re-enter the country. I hope you are aware the spousal visa process takes on average 18-24 months so you might be waiting for the next step 12 months from now… (assuming you just submitted the I-130). 

[pushbrk 12,963]

2 hours ago, Redro said:

I’m aware she won’t be able to interview in Montreal. They have a rule you have to show proof of residency… but USCIS will probably still assign you to MTL so you will have to request the change. You can be safe and have her request the police check now and return to Vietnam as soon as she receives it. PCCs remain valid as long as you don’t re-enter the country. I hope you are aware the spousal visa process takes on average 18-24 months so you might be waiting for the next step 12 months from now… (assuming you just submitted the I-130). 

Correction.  NVC will initially assign the case to Montreal.  As another stated earlier, they will need to request the transfer to HCMC.

[AlexSH 5]

Sorry for the long gone. The forum took away my view permission for no reason and just randomly granted it back 🙂.

I have another question. For example, if she requests for the PC in June, receive it in August then leave Canada, would it still valid? Or she has to leave on the same date of the request to leave no gap?

[Redro 4,611]

31 minutes ago, AlexSH said:

Sorry for the long gone. The forum took away my view permission for no reason and just randomly granted it back 🙂.

I have another question. For example, if she requests for the PC in June, receive it in August then leave Canada, would it still valid? Or she has to leave on the same date of the request to leave no gap?

The PCC is valid for two years from issue. It will remain valid indefinitely once she leaves Canada. If she returns to Canada after receiving the PCC she will have to obtain another one.