Can I (we) apply at Buffalo if my common-law partner has no legal status in USA?
Oct 30th 2004, 4:13 pm
#1
Just Joined
Thread Starter
Joined: Oct 2004
Posts: 16
Can I (we) apply at Buffalo if my common-law partner has no legal status in USA?
I am a US citizen and will be the principle applicant of a skilled worker class application. My common-law partner, however, does not have legal status in the USA. Can I still include him in my application when I send it to Buffalo?
My partner was NOT admitted legally into the US. He applied for a visa and was denied (so even though one tries to do everything the correct way it doesn´t always work out). The US Immigration laws do not allow for me to sponsor my partner even though we have been together for two years which I think is very unfair, but someone can marry a foreign person (of the opposite sex) whom he or she meets the same night in Las Vegas, get married, and apply for a green card. Anyway, I´m not here to bicker about US Immigration Policy. I read on one Canadian website the following information...
"Where To Send The Application
· The partner who is the principle applicant must be living legally in the country where the application is made and have a visa that is valid for one year. For example, a common-law couple is living in the USA. One partner is a US citizen. The other is from Hong Kong and is living illegally in the US. If the American is the qualified principle applicant, the application can be made in the US. If the Hong Kong partner is the qualified principle applicant, the application must be made in Hong Kong."
According to this information, since I am the principle applicant and I am a US citizen residing in the US, I can apply in the US and include my partner in the application. I have been unable to verify this with the Canadian Consulate or CIC. I faxed Buffalo this question and still await a response. They do not accept phone calls. I was in Buffalo a few weeks ago and do not answer questions in person. I crossed the border just to call CIC to ask this question but they weren´t answering the phone. I don´t want to do all of the paperwork and spend all of the money, and more importantly, get our hopes up if we are going to be rejected because my partner does not have legal status in the US. Any advice is appreciated. Thanks!
My partner was NOT admitted legally into the US. He applied for a visa and was denied (so even though one tries to do everything the correct way it doesn´t always work out). The US Immigration laws do not allow for me to sponsor my partner even though we have been together for two years which I think is very unfair, but someone can marry a foreign person (of the opposite sex) whom he or she meets the same night in Las Vegas, get married, and apply for a green card. Anyway, I´m not here to bicker about US Immigration Policy. I read on one Canadian website the following information...
"Where To Send The Application
· The partner who is the principle applicant must be living legally in the country where the application is made and have a visa that is valid for one year. For example, a common-law couple is living in the USA. One partner is a US citizen. The other is from Hong Kong and is living illegally in the US. If the American is the qualified principle applicant, the application can be made in the US. If the Hong Kong partner is the qualified principle applicant, the application must be made in Hong Kong."
According to this information, since I am the principle applicant and I am a US citizen residing in the US, I can apply in the US and include my partner in the application. I have been unable to verify this with the Canadian Consulate or CIC. I faxed Buffalo this question and still await a response. They do not accept phone calls. I was in Buffalo a few weeks ago and do not answer questions in person. I crossed the border just to call CIC to ask this question but they weren´t answering the phone. I don´t want to do all of the paperwork and spend all of the money, and more importantly, get our hopes up if we are going to be rejected because my partner does not have legal status in the US. Any advice is appreciated. Thanks!
Oct 30th 2004, 4:22 pm
#2
Joined: May 2004
Posts: 8,984
Re: Can I (we) apply at Buffalo if my common-law partner has no legal status in USA?
Yes, you can.
But lack of legal admission (not legal status) of your partner may cause problems as immigration officers in most countries don't like those who break immigration law in any country. Overstaying admission (after being lawfully admitted in the first place) is often overlooked, but your partner may (or may not) have some serious problems explaining things. Try to seek some professional help.
But lack of legal admission (not legal status) of your partner may cause problems as immigration officers in most countries don't like those who break immigration law in any country. Overstaying admission (after being lawfully admitted in the first place) is often overlooked, but your partner may (or may not) have some serious problems explaining things. Try to seek some professional help.
Originally Posted by Menino
I am a US citizen and will be the principle applicant of a skilled worker class application. My common-law partner, however, does not have legal status in the USA. Can I still include him in my application when I send it to Buffalo?
My partner was NOT admitted legally into the US. He applied for a visa and was denied (so even though one tries to do everything the correct way it doesn´t always work out). The US Immigration laws do not allow for me to sponsor my partner even though we have been together for two years which I think is very unfair, but someone can marry a foreign person (of the opposite sex) whom he or she meets the same night in Las Vegas, get married, and apply for a green card. Anyway, I´m not here to bicker about US Immigration Policy. I read on one Canadian website the following information...
"Where To Send The Application
· The partner who is the principle applicant must be living legally in the country where the application is made and have a visa that is valid for one year. For example, a common-law couple is living in the USA. One partner is a US citizen. The other is from Hong Kong and is living illegally in the US. If the American is the qualified principle applicant, the application can be made in the US. If the Hong Kong partner is the qualified principle applicant, the application must be made in Hong Kong."
According to this information, since I am the principle applicant and I am a US citizen residing in the US, I can apply in the US and include my partner in the application. I have been unable to verify this with the Canadian Consulate or CIC. I faxed Buffalo this question and still await a response. They do not accept phone calls. I was in Buffalo a few weeks ago and do not answer questions in person. I crossed the border just to call CIC to ask this question but they weren´t answering the phone. I don´t want to do all of the paperwork and spend all of the money, and more importantly, get our hopes up if we are going to be rejected because my partner does not have legal status in the US. Any advice is appreciated. Thanks!
My partner was NOT admitted legally into the US. He applied for a visa and was denied (so even though one tries to do everything the correct way it doesn´t always work out). The US Immigration laws do not allow for me to sponsor my partner even though we have been together for two years which I think is very unfair, but someone can marry a foreign person (of the opposite sex) whom he or she meets the same night in Las Vegas, get married, and apply for a green card. Anyway, I´m not here to bicker about US Immigration Policy. I read on one Canadian website the following information...
"Where To Send The Application
· The partner who is the principle applicant must be living legally in the country where the application is made and have a visa that is valid for one year. For example, a common-law couple is living in the USA. One partner is a US citizen. The other is from Hong Kong and is living illegally in the US. If the American is the qualified principle applicant, the application can be made in the US. If the Hong Kong partner is the qualified principle applicant, the application must be made in Hong Kong."
According to this information, since I am the principle applicant and I am a US citizen residing in the US, I can apply in the US and include my partner in the application. I have been unable to verify this with the Canadian Consulate or CIC. I faxed Buffalo this question and still await a response. They do not accept phone calls. I was in Buffalo a few weeks ago and do not answer questions in person. I crossed the border just to call CIC to ask this question but they weren´t answering the phone. I don´t want to do all of the paperwork and spend all of the money, and more importantly, get our hopes up if we are going to be rejected because my partner does not have legal status in the US. Any advice is appreciated. Thanks!
Oct 30th 2004, 4:36 pm
#3
Just Joined
Thread Starter
Joined: Oct 2004
Posts: 16
Re: Can I (we) apply at Buffalo if my common-law partner has no legal status in USA?
Thank you, Andrew, for that quick response. You were the only one who answered me on this issue and I've been looking for an answer for months. My partner first applied for a visa to come to the USA and was denied (this was stamped in his passport). I lived with my partner in his country, El Salvador, for 3 months, and we then both got student visas for Mexico and lived there for about one year. Now we are in the US because I just couldn't adjust to life in Mexico and we both had no work authorization and even if we did there were no jobs to be had. Our only option was to come to the US or split up. I also have an Italian passport so Europe might be an option, as several countries do allow immigration benefits for same-sex couples. I really would like to explore Canada. It's close to home, my family, and the way of life is very similiar to what I'm used to.
Would it help to write sort of a narrative and submit it with the application of why my partner chose to enter the US without inspection?
Also, do you think he would be able to proceed with the fingerprint clearances in the USA?
Since we lived in Mexico for more than 6 months as students I assume we have to get clearances from there. I dread having to deal with Mexico again...but such is life.
Again, thank you for your help. It does not go unappreciated!
Would it help to write sort of a narrative and submit it with the application of why my partner chose to enter the US without inspection?
Also, do you think he would be able to proceed with the fingerprint clearances in the USA?
Since we lived in Mexico for more than 6 months as students I assume we have to get clearances from there. I dread having to deal with Mexico again...but such is life.
Again, thank you for your help. It does not go unappreciated!
Originally Posted by Andrew Miller
Yes, you can.
But lack of legal admission (not legal status) of your partner may cause problems as immigration officers in most countries don't like those who break immigration law in any country. Overstaying admission (after being lawfully admitted in the first place) is often overlooked, but your partner may (or may not) have some serious problems explaining things. Try to seek some professional help.
But lack of legal admission (not legal status) of your partner may cause problems as immigration officers in most countries don't like those who break immigration law in any country. Overstaying admission (after being lawfully admitted in the first place) is often overlooked, but your partner may (or may not) have some serious problems explaining things. Try to seek some professional help.
Oct 30th 2004, 5:33 pm
#4
Joined: May 2004
Posts: 8,984
Re: Can I (we) apply at Buffalo if my common-law partner has no legal status in USA?
Please contact me directly.
Originally Posted by Menino
Thank you, Andrew, for that quick response. You were the only one who answered me on this issue and I've been looking for an answer for months. My partner first applied for a visa to come to the USA and was denied (this was stamped in his passport). I lived with my partner in his country, El Salvador, for 3 months, and we then both got student visas for Mexico and lived there for about one year. Now we are in the US because I just couldn't adjust to life in Mexico and we both had no work authorization and even if we did there were no jobs to be had. Our only option was to come to the US or split up. I also have an Italian passport so Europe might be an option, as several countries do allow immigration benefits for same-sex couples. I really would like to explore Canada. It's close to home, my family, and the way of life is very similiar to what I'm used to.
Would it help to write sort of a narrative and submit it with the application of why my partner chose to enter the US without inspection?
Also, do you think he would be able to proceed with the fingerprint clearances in the USA?
Since we lived in Mexico for more than 6 months as students I assume we have to get clearances from there. I dread having to deal with Mexico again...but such is life.
Again, thank you for your help. It does not go unappreciated!
Would it help to write sort of a narrative and submit it with the application of why my partner chose to enter the US without inspection?
Also, do you think he would be able to proceed with the fingerprint clearances in the USA?
Since we lived in Mexico for more than 6 months as students I assume we have to get clearances from there. I dread having to deal with Mexico again...but such is life.
Again, thank you for your help. It does not go unappreciated!
