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Debra
Debra, Lawyer
Category: Canada Law
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I have overstayed in the USA months, I left voluntary

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I have overstayed in the USA for 16 months, I left voluntary without any proceedings of any kind, I had to return to the UK in an emergency. I know all about the 10 year bar I have acquired. My question is would I now be allowed to visit Canada (would I be allowed entry?) I would not be overstaying, I would only be visiting for a few days in order to marry my US fiance ad then I would be leaving and returning to the UK
It is possible but not likely. The officers at the border simply may not believe you because you overstayed. But there is a chance because you are not marrying a Canadian. You are marrying your American fiancee and so it could be they will believe that you are just meeting there to get married. But they could think because you overstayed in the US you are both planning to live in Canada. For this reason I suggest you bring strong proof that you have strong ties back home and that she does as well and you have that proof with you too. If you can show that she must go back to the US for work, and had a home there, etc and that you have the same in the UK there may be a chance.But I don't think you can count on it because it won't make a lot of sense to them that you are getting married and then both going back home to your respective countries.
Customer: replied 1 year ago.

Thank you for your reply. We have an immigration attorney working on our behalf in the US and it was his suggestion that either my fiance comes to the UK and we marry but that wouldn't be possible because of commitments back home, so we were looking into Canada as a last hope. Unfortunately I don't have enough strong ties back here in the UK to convince anyone of anything. Thanks anyway.

Perhaps get married somewhere more exotic such as Mexico or the in Caribbean where many do get married because of how lovely the weather is etc. That would not be questioned by anyone.
Customer: replied 1 year ago.

Do you think I would be able to get into Mexico?

I don't know the law in Mexico but given what I've heard I doubt there will be a problem.
Customer: replied 1 year ago.

Thank you for your help!

Good luck!
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