Overstayed in Canada affects CR-1 decision?

[AlexSH 5]

Hi everyone,

My wife is out of status in Canada (previously an international student from Vietnam but has dropped out for about 2 years). Will this affect the decision once she gets to her interview at HCM city consulate?

I asked this question before in the forum and folks said that it shouldn’t have any affect on the matter. But now I’ve heard mixed information from Facebook posts as well as Reddit. Generally they say her overstaying in Canada does have effect, especially since Canada and US shares immigration info. So, what do you think? Also, we’re at NVC stage now. Once she obtains her Canadian police check, will it contain information about her overstaying info? Or even her going to obtain the police check gets her kicked out of Canada (triggering a removal order or the same for example).

We’re so worried right now, any advice will be greatly appreciated!

[Crazy Cat 41,984]

22 minutes ago, AlexSH said:

Hi everyone,

My wife is out of status in Canada (previously an international student from Vietnam but has dropped out for about 2 years). Will this affect the decision once she gets to her interview at HCM city consulate?

I asked this question before in the forum and folks said that it shouldn’t have any affect on the matter. But now I’ve heard mixed information from Facebook posts as well as Reddit. Generally they say her overstaying in Canada does have effect, especially since Canada and US shares immigration info. So, what do you think? Also, we’re at NVC stage now. Once she obtains her Canadian police check, will it contain information about her overstaying info? Or even her going to obtain the police check gets her kicked out of Canada (triggering a removal order or the same for example).

We’re so worried right now, any advice will be greatly appreciated!

I fail to see how that overstay in Canada would affect a spousal visa for the US.....during an interview in VN.  Overstaying a foreign visa is not an inadmissibility...nor would it require a waiver.  I think this is a non-issue if she can obtain a police certificate in Canada. 

Edited November 17 by Crazy Cat

[AlexSH 5]

5 hours ago, Crazy Cat said:

I fail to see how that overstay in Canada would affect a spousal visa for the US.....during an interview in VN.  Overstaying a foreign visa is not an inadmissibility...nor would it require a waiver.  I think this is a non-issue if she can obtain a police certificate in Canada. 

 

I thought the same until I saw those posts. Given that people in the US can see her history of violating immigration rules in one of their allied countries, it could cast a negative light. The DS-260 form does ask about history removal/deportation from any other country implies they do care, don’t they?

[Crazy Cat 41,984]

1 hour ago, AlexSH said:

it could cast a negative light.

 It is not an inadmissibility to becoming a legal resident in the US.  Did those people point to any actual cases?  The US does not issue bans for overstaying foreign visas.

Edited November 17 by Crazy Cat

[Ontarkie 14,305]

The only issue she will have is reentering Canada.

For the Police check she has to follow the rules for being outside of Canada and use an agency. 

There will be no issues for US immigrations. 

[AlexSH 5]

15 minutes ago, Crazy Cat said:

 It is not an inadmissibility to becoming a legal resident in the US.  Did those people point to any actual cases?  The US does not issue bans for overstaying foreign visas.

Thank you very much for your input!

10 minutes ago, Ontarkie said:

The only issue she will have is reentering Canada.

For the Police check she has to follow the rules for being outside of Canada and use an agency. 

There will be no issues for US immigrations. 

She’s still inside Canada at the moment. Can we just go to an accredited agency to obtain the PC?

[Ontarkie 14,305]

1 hour ago, AlexSH said:

Thank you very much for your input!

She’s still inside Canada at the moment. Can we just go to an accredited agency to obtain the PC?

I'm not sure. For some reason I seem to remember reading that if interviewing outside of Canada it requires a different process. Definitely look into it before she leaves Canada. 

Edited November 18 by Ontarkie