Spouse sponsorship by PR Card holder residing in USA

[sali123]

Hi,
 
I have a question regarding the immigiration to Canada. My husband had applied for the immigiration to Canada and recieved his PR Card in July 07 and is currently living in United States on H1B visa(work permit). At the time of landing in Canada he was not married.We got married in Dec07. Now he plans to move to Canada and wants to sponsor his me. It has been approximately 16 months since his landing in Canada. my questions in regards to to the sponsorship of the spouse are listed below:
 
a) Can he sponsor his wife while residing in US or does he have to be physically present in Canada for that?
 
b) He has not as yet declared that he has been married, does he need to do that? will this change the procedure?
 
c) Can the wife apply for the visit visa and then her husband can apply for her sponsorship?
 
d)What is the time duration for the sponsorship to be completed if he applies while residing in Canada or US?

e) In case my husband has to live in Canada to sponsor me does it mean that i have to go back to my home country till the sponsorship has been completed? how much time will that take approximately!
 
I would really appreaciate a prompt reply to my enquiries! and if someone colud really help s out as we are looking around feb or march 09 to move to Canada!
 
Thanks

[GK]

A PR must reside in Canada to apply - a citizen can reside out of the country.  Your husband must move to Canada and apply from within.  The application time via Buffalo, New York takes 3-9 months.  In my case it took less than 90 days.  You can stay in the US wile the application is processed (I assume you have a US visa or GC)

[sali123]

hey thenaks for the reply!! i forgot to mention that my husand is on H1b status...so how different will be the process now!!

[Leon]

Your husbands status in the US has nothing to do with how he would sponsor you in Canada.  If you can get a visit visa to go with him to Canada, that would be an option and you could then apply to have your application processed in Canada.  Otherwise, he can go and start sponsorship and then apply for your visit visa with dual intent.  If you are legally in the US, you can stay in the US and maybe apply through there if it's faster.  Otherwise you can apply through your homeland.

[sali123]

Thanks Leon!! but is it possible that my husand applies for my visit visa while being in USA and tells the Canadian embassy or whoever that he got  married and i want to take my wife to Canada  and wen he goes there he can apply for my sponsorship?

and secondly, he landed apprx 16 months before in Canada and at that time we were not married and after getting married he hasnt as yet declared his marital status...will  this cause a problem!!!

[Leon]

Thanks Leon!! but is it possible that my husand applies for my visit visa while being in USA and tells the Canadian embassy or whoever that he got  married and i want to take my wife to Canada  and wen he goes there he can apply for my sponsorship?

You can try it but sometimes they don't let you come as a visitor when they think you are planning to stay.  What you can do is he goes to Canada, applies for sponsorship for you and then applies for visit visa for you with a dual intent for the purpose of visiting him and waiting for your PR to come through. 

and secondly, he landed apprx 16 months before in Canada and at that time we were not married and after getting married he hasnt as yet declared his marital status...will  this cause a problem!!!

I don't think it's a problem.  He will declare his change in marital status when he applies to sponsor you.

[sali123]

one more thing...i have my relatives in Canada aswell..so is it possible that they can send an invitation for my visit visa and if i get the visa i can go to Canada and after a month or two my husband can wrapupin US and come there aswell. then from within Canada he can apply for my PR....That way i will not have to go to home country for watever time period that is taken to process the dual intent visa n sponsorship!! is this risky? what are the chances...because im only thinking that the spouse and the family of PR card holder living in US do go to Canada to visit....by showing that the husband is settled in US and has a job and a house so we will not move....

its actually just an idea...but what are the chances??

[sali123]

I really need and answer to my query...pls. give me ur valuable suggestions as we have to amke a decision!!!

thank u

[Leon]

Why don't you apply for a visit visa and see if you get it.  If you get it, then you don't have a problem.  If you don't get it, then he might have to go to Canada before you.  If you have to be separated for 2 months, you will survive.  Many couples have to suffer longer separation than that.