Unusual Situation?

[NicoleJB]

I have an unusual circumstance (I think) I have been reading alot of information about the I-129F I-130 and I-601 - Here is my situation I am an USC and I plan on marrying someone who came to US on a tourist visa from Colombia and overstayed more than 180 days (it was years he overstayed) He started living here and after awhile he and his previous wife and daughter relocated to Canada and claimed refugee status and now he has his PR status in Canada, what are my options and would it be Canada or Panama jurisdiction because he came from Colombia but now is in Canada. He is now divorced and I am also divorced. I am so confused and I believe I can handle the time and I believe I can prove extreme hardship? What would be our options? and One more question if he claimed refugee status from US/Canada border would that waive his 10 year ban? Confused because everything I am reading is nothing like our situation? By the way I haven't started any paperwork I need to know my options first.

[Pinkpig]

I am thinking that we had a member or even 2 who have similar situation to yours. I am thinking one was from India and when they were denied refugee status, they went to Canada and then she married a USC. I am not completely sure on this and I don't remember the members name. If no one else posts about this, I can try to do a search for you later tonight. I don't have time right now to do it. Or try some searches on here yourself.

[emt103c]

If he is a permanent resident, he can choose to be in the jurisdiction of Canada (meaning he has to go through Montreal, may God have mercy on your soul. . .)

When was his last exit from the United States?

How long exactly was his overstay?

Have you filed any paperwork yet?

[NicoleJB]

Why did you say God have mercy on my soul (and I hope he does) Is is more diffucult in Canada than Panama? Here is a little more info He left in 2007 Us to Canada, claimed Refugee status with his previous wife and daughter, he wanted to show his daughter the correct way of living, not to be scared all the time and I commend that. I am still confused he has his PR card but is not a canadian citizen, also do you think the ban would appy to him even though he left the country for those reasons, he hasn't been back to the us since, so that is a good sign. His situation is this he came to us from Colombia on tourist visa in 2002 overstayed his visa and left us in 2007. What do you guys think? I am not going to rush things with our relationship I am thinking about 10 more months or so before I even think about filing any papers, but I want to know my options. Please help me I am reading everyones posts and I am so happy when I hear good news and so very sad to hear when things don't go our way. What to do?

[Glühbirne]

Member Sluberry's wife was from Morocco but a PR in Canada. I believe he went through Canada. I can't remember if he had to do the I-601 or not, though. You might want to PM him. He's not around much anymore.

[Pinkpig]

Member Sluberry's wife was from Morocco but a PR in Canada. I believe he went through Canada. I can't remember if he had to do the I-601 or not, though. You might want to PM him. He's not around much anymore.

Yes, he did the I-601. I remember that he had to submit his entire waiver 3 times and on the last time they had it bound into a book. As a matter of fact she did not come home to the US until she received her citizenship through Canada.

He is on occasionally but best to PM him for any information he might have. Beware, he is a bit of a wiseguy....But, we love him still. :D

[mymexicanman]

lol of the wiseguy part.... arent there a few on here ? just kidding

[emt103c]

You are right that he would have the ban, even though he left voluntarily. At the interview they would have him file the I-601 just as you have read.

I'm sorry for the mercy comment, I was just trying to be funny. . .My hubby's going through Canada and they are sometimes difficult to get info from.

Just be honest, and prepare a good package and all will be fine. Remember that if you're planning on waiting months anyway (the process of the 601 alone seems to be averaging 12-13 months right now; the original petition is taking 6 months or more, and Montreal has a long wait for an interview.)

If you are certain that you want to marry you might consider the fiancee route, then you could start immediately and still count on more than a year wait. . . plus then you have more of a choice in consulate instead of being forced to use Montreal, which is the only Canadian consulate that does spousals, but not the only one to do fiancees.

Sorry, we are all wiseguys :-)

[NicoleJB]

Thank you for clarifying this, what an ordeal I only joined today and I am hooked on all these stories, It seems like my road ahead is a long one but since I am recently divorced I need to take my time, I also have two kids from my previous marriage and they are 100% my responsibility and they are also the reason why I can continue each morning with life, so I have to make sure the steps I take are okay with them also. One question I-129F is fiance is it better for me to be married first and then file the I-129f and the I-130 at the same time, and I thought I read if I visit Canada that I am not allowed to get married there on a visit? Am I right?

[emt103c]

It is the other way around, he would not be allowed to visit, get married here and then be allowed to stay.

My husband and I were married in Canada while I was on Spring Break (haha) You will want to check on the specific laws concerning marriage there especially when you are both divorced. I know that in Ontario the divorce has to be legally recognized there if not registered there then you have to have a legal opinion letter from an attorney. They go by British law so things are quite a bit different. . .

Each province has it's own website where you can find out the requirements. You can get to it from www.canada.ca