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Canadian citizen overstayed in the US trying to renew passport.

Discussion in 'All Other Matters Related to Canada' started by BPleitez, Aug 24, 2015.

  1. BPleitez

    BPleitez New Member

    In 2008 I came to the US to visit my then boyfriend, after some time here I decided to stay and have not yet returned to Canada. We have been together ever since and now have two young children together. Back when I stayed here he was awaiting his approval to become a US Permanent Resident and he is now eligible to become a US Citizen, awaiting his approval. We are ready to get married and begin my immigration process here in the US, but I have no valid form of ID. I am wondering what I need to do to renew my Canadian passport, being as I have no form of valid ID. My Canadian passport has been expired since 2009. I'm a little scared if I will get in trouble from Canada for being gone so long and now trying to renew it.
  2. newacct

    newacct Well-Known Member

    This is an interesting question. Canadian passport applications after the previous passport has expired for more than 1 year needs a valid ID, and it doesn't say what you can do if you don't have a valid ID. But my intuition says that there must be some procedure in this situation, because a passport is the most basic form of ID for a foreigner (you need it to get other forms of ID), so I would contact Passport Canada to ask about this. You can't "get in trouble with Canada" -- you're a Canadian citizen, you can be gone for as long as you want.

    What state are you in? Have you tried getting a state ID or driver's license? (but I guess that would require a valid passport)
  3. BPleitez

    BPleitez New Member

    I am in Georgia, and no I haven't tried to get a state ID or driver's license. Since my fiance was not a US citizen all these years, we've kind of just been waiting and waiting, but it's gotten to a point where I feel it's time for me to get all my paperwork straighten out and make it all legal. I need some form of valid ID to get married and I think my passport is the first step for that. Also I'm at a point where I don't even want to wait for him to become a citizen, as that is another long process. I am also wondering, once we are married, if i could apply for my US paperwork while he is still a permanent resident. Thx for your response newacct.
  4. newacct

    newacct Well-Known Member

    You do not qualify for Adjustment of Status until he is a citizen. You are not in the Immediate Relative category and not in status, so you cannot do AOS. When he becomes a citizen, you will be in the Immediate Relative category and you don't need to be in status to do AOS. At that point you can file I-130 and I-485 at the same time. There is no point to file I-130 before then because it only notifies the government that you are here without giving you the protection from deportation of a pending I-485.
  5. Tom Blackwell

    Tom Blackwell New Member

    Hi ...My name is Tom Blackwell. I'm a reporter with the National Post in Toronto, working on a story about Canadian overstays in the U.S. Would you be willing to talk about your experience? No need to use your name in my story if that is still an issue. I can be reached at tblackwell@nationalpost.com or 416-383-2394 ... Thanks very much.

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