Sponsoring husband from US

[miranda11]

Hi there,

I am a Canadian citizen, who ended up living in the US and marrying a US citizen after we got pregnant with our now 8  month old child. I came to the US in November 2009, ended up falling in love with my old friend my childhood and ended up getting engaged then got pregnant in January 2010, and married in March 2010. I was unable to go home at the time because of my pregnancy and I couldn't bring my husband with me. the job I was working fell through, and so I decided to stay with my husband in the US because he has a very stable job and could support me through pregnancy. We had our child in the US.

I did not get my green card here because we were never quite sure if we wanted to move back to Canada or not. So now, here we are, we want to move back to Canada within a year, after we've saved up a considerable amount of money to buy a house etc. So I am in the US out of status I guess. But legally entered, married after entry, and had a child, and was unable to return to Canada at the time because I would not have had any way to work and raise a child on my own.

Now we want to move back, we have my parents who will helps us get on our feet. They are now in Prince Edward Island. We are wanting to buy a house there and settle there. So, how do I go about this? Do I say that I live in Canada and provide my parents address? Or do I give my US address, for which I have my name jointly on all bills and rent, plus a joint bank account here with my husband for the past year, although technically have been out of status.

Can I sponsor my husband outside of Canada and move there with him if he is approved? Or will I have to move ahead of him and work for a period of time? I'm very confused with all of this. We are giving ourselves a year to go through this process but I just need some advice on how to proceed.

Thank you for any advice in advance.

[CharlieD10]

1) As a Canadian citizen, you may sponsor your spouse while living outside of Canada.  I am not sure how your status in the US will affect you, but you should know you need to provide proof of intent to re-settle in Canada when he is given permanent residence.  This will be in the form of plans for housing, work, etc.  So you will need to get your parents' offer of assistance in writing, and document any other steps you are taking to become re-established in Canada.

2) You will need to apply for your most recent Option C from Revenue Canada, or failing being able to provide that, send in your income/savings information from the US.  As a sponsor you will be expected to show you have made arrangements to care for his needs for the next 3 years without resorting to social assistance, although you will not be required to meet a minimum income requirement.

3) If you haven't already done so, start the process to apply for your baby's Canadian citizenship, so that she can move between the two countries.

[canadianwoman]

So now, here we are, we want to move back to Canada within a year, after we've saved up a considerable amount of money to buy a house etc.

Include proof of your husband's income and his savings, and state you will be using it to buy a house in Canada. This will help alleviate the visa officer's potential concerns about you not having a job.

Now we want to move back, we have my parents who will helps us get on our feet. They are now in Prince Edward Island. We are wanting to buy a house there and settle there.

Get an affidavit from your parents stating the help they will provide when you move back.

Do I say that I live in Canada and provide my parents address? Or do I give my US address, for which I have my name jointly on all bills and rent, plus a joint bank account here with my husband for the past year, although technically have been out of status.

Don't say you live in Canada when you don't. You and your husband's names are on the lease and the bills, and you have a joint bank account: this is all good proof that your relationship is genuine and should be included in the application.

Can I sponsor my husband outside of Canada and move there with him if he is approved? Or will I have to move ahead of him and work for a period of time?

You can sponsor him while you are living in the US, but you will have to prove you will be moving back to Canada.

[miranda11]

Thank you so much for the replies. Very helpful.
Also we filed joint taxes this year too so we have that. Do I still need to contact revenue canada for my old tax returns? Confused on this.

Also how do I PROVE that I am moving back to Canada? What kind of proof do they require?