Cdn citizen working in USA, would like to sponsor wife of Indian citizenship

[Ambiance44]

Hello,

I am a Canadian citizen, working in USA.  I am currently on the H-1B visa, which was approved about 1.5 years ago.  Before then, I was on a TN visa for 1 year.  My wife is an Indian citizen who is living with me in USA with an H4 visa.  I have not yet filed to sponsor her to Canada. 

Can anyone please tell me if it is possible for me to sponsor my wife, being in this situation?  I am very inexperienced in this and I will be grateful to anyone that can help.

Thanks, Vishal

[Leon]

It should not be a problem to sponsor her but if you want to do it from the US, you will have to prove that you are both planning to live in Canada when she gets her Permanent Residency.  If she has a visa that is valid for a year or was at some point valid for a year, you can apply through Buffalo instead of India.

[Ambiance44]

Thank you,

Do you know how long it will take for this process?

[Leon]

7 weeks to approve you as a sponsor, then average 4 months in India, 5 in Buffalo, see http://www.cic.gc.ca/english/information/times/international/05-fc-spouses.asp
If they question the base of your marriage or your intent to move to Canada when she gets her PR, it will be longer.  You should send with your application some photos, evidence of joint bank accounts or utility bills or at least the same address, things like that.  For intent to move to Canada, if you can get friends or family to arrange a job offer for you or do it yourself or show that you have arranged for a place to stay.

If it doesn't work out to do this from the US, you would have to go to Canada first and sponsor her from there.  If she was from a visa exempt country, she could go with you as a tourist but being from India, she needs a visa to visit Canada and they might not give it to her since they know she is your wife and they would think she is planning to stay.

[Ambiance44]

OK I will do more research on this topic.  Thanks for your help, I appreciate it.  :)

[analon]

Hi,

I am in a similar situation as yourself. In my case though, my wife is the Canadian citizen working in USA on TN Visa and is on the verge of sponsoring me as a spouse from USA. I am on H1 myself.

- Does not being on a temporary work visas in USA constitute reason enough that we will move to Canada upon approval of PR there ?

- Does the application for PR allow scope for proving at a later date in the process that we will move there. i.e. We apply and if asked by authorities of our intention of moving there, we would begin our apartment rental/buy process and submit such documents as an addition to the application. I ask, because without any knowledge of when PR can/would be approved, how would we go about securing a rental apaprtment?

[Leon]

- Does not being on a temporary work visas in USA constitute reason enough that we will move to Canada upon approval of PR there ?

It is possible that would be taken into account.  Then again, maybe you feel that your job is secure and would prefer to stay on a temporary work visa but taking PR as a back up plan in case the economy in the US gets even worse.

- Does the application for PR allow scope for proving at a later date in the process that we will move there. i.e. We apply and if asked by authorities of our intention of moving there, we would begin our apartment rental/buy process and submit such documents as an addition to the application. I ask, because without any knowledge of when PR can/would be approved, how would we go about securing a rental apaprtment?

If you don't give sufficient proof that you are planning to come and live in Canada, they will reject your application.  I suppose you have appeal rights with this application like a general outland application but you would have to spend time to wait for your appeal so you can add some data if you didn't have enough.  Some people have found it hard to prove intent to live in Canada enough to get accepted in which case your wife would have no choice but to move to Canada first and apply from there.