Applying for Spouse Visa while Foriegn Spouse is Working Abroad (USA)

[SoonToBeMrsBayfield]

I am a Filipino citizen with a Canadian fiancé. Just recently, I got a job offer in the US. This is a 3year contract. I will start June of this year (2018) And within those 3years, we would like to get married and apply for a Spouse visa. This is so that, right after those 3years, I can finally come home to him in Canada. We plan on getting married in Canada next year (I have a TRV). So my first question is, will I, a Filipino citizen, be able to apply for the spousal visa while I am working in the US? Will we not have problems doing this? If there will be difficulties in this set-up, what might they be? Also, if we can, we would like to start a family and have a child anytime after the wedding. I will already probably be around 1.5yrs into my work contract. Given that we will have been already married by this time, will I be able to get some healthcare benefits especially with labour and delivery if I choose to give birth in Canada? (He is from Alberta, if this info helps) And will I be able to take the baby back to the US with me until I finish my work contract? The baby would automatically be a Canadian citizen/passport holder if he/she is born in Canada with a Canadian father, right? Moving over, if circumstances are not in favour of me giving birth in Canada, and if I can only give birth in the US, will we have to option to choose if the baby will be a Canadian or American citizen? Or will the baby be automatically a US citizen?

All the help would be very much appreciated. Thank you!

 

[canuck_in_uk]

I am a Filipino citizen with a Canadian fiancé. Just recently, I got a job offer in the US. This is a 3year contract. I will start June of this year (2018) And within those 3years, we would like to get married and apply for a Spouse visa. This is so that, right after those 3years, I can finally come home to him in Canada. We plan on getting married in Canada next year (I have a TRV). So my first question is, will I, a Filipino citizen, be able to apply for the spousal visa while I am working in the US? Will we not have problems doing this? If there will be difficulties in this set-up, what might they be? Also, if we can, we would like to start a family and have a child anytime after the wedding. I will already probably be around 1.5yrs into my work contract. Given that we will have been already married by this time, will I be able to get some healthcare benefits especially with labour and delivery if I choose to give birth in Canada? (He is from Alberta, if this info helps) And will I be able to take the baby back to the US with me until I finish my work contract? The baby would automatically be a Canadian citizen/passport holder if he/she is born in Canada with a Canadian father, right? Moving over, if circumstances are not in favour of me giving birth in Canada, and if I can only give birth in the US, will we have to option to choose if the baby will be a Canadian or American citizen? Or will the baby be automatically a US citizen?

All the help would be very much appreciated. Thank you!

You can be sponsored while living in the US. The app may be processed in Ottawa or in Manila. If it is Manila and you are called for an interview, you will need to travel there.

You will not qualify for any provincial health coverage in Canada while you reside in the US. If you come to Canada just to give birth, you will be required to pay the full costs.

If your child is born in the US, assuming the father was either born in Canada or is a naturalized Canadian, the child would be both Canadian and American at birth.

 

[SoonToBeMrsBayfield]

You can be sponsored while living in the US. The app may be processed in Ottawa or in Manila. If it is Manila and you are called for an interview, you will need to travel there.

You will not qualify for any provincial health coverage in Canada while you reside in the US. If you come to Canada just to give birth, you will be required to pay the full costs.

If your child is born in the US, assuming the father was either born in Canada or is a naturalized Canadian, the child would be both Canadian and American at birth.

What if my spouse visa gets approved before I give birth? Will I be a landed resident once I go back to Canada? Or will this only be the case if I stay there for good and after my work contract in the staes? I was hoping I could get some to little benefits for the child delivery..

 

[canuck_in_uk]

What if my spouse visa gets approved before I give birth? Will I be a landed resident once I go back to Canada? Or will this only be the case if I stay there for good and after my work contract in the staes? I was hoping I could get some to little benefits for the child delivery..

It doesn't matter if you are a PR. Every province has residency requirements to prevent situations such as a Canadian citizen/PR coming to Canada just to give birth and then leaving. If you want to give birth in Canada and cannot afford to pay the full costs, wait until you actually move here and therefor qualify for coverage.

 

[SoonToBeMrsBayfield]

It doesn't matter if you are a PR. Every province has residency requirements to prevent situations such as a Canadian citizen/PR coming to Canada just to give birth and then leaving. If you want to give birth in Canada and cannot afford to pay the full costs, wait until you actually move here and therefor qualify for coverage.

Noted! Thank you very much.

 

[canuck78]

Won't they have to show intent to move back to Canada to get the spousal PR granted? Sounds like there would still be a couple of years left on the work contract in the US.

 

[SoonToBeMrsBayfield]

Won't they have to show intent to move back to Canada to get the spousal PR granted? Sounds like there would still be a couple of years left on the work contract in the US.

I only have a 3yr contract. So we plan on getting married 1.5-2yrs into the contract. So, probably, I just have the right amount of time for processing the visa. 1yr left in the contract, and almost the same amount of processing time for the spouse visa. So as soon as my contract is done, I can go home to Canada. That is doable, right? Because that is our plan.

 

[canuck_in_uk]

I only have a 3yr contract. So we plan on getting married 1.5-2yrs into the contract. So, probably, I just have the right amount of time for processing the visa. 1yr left in the contract, and almost the same amount of processing time for the spouse visa. So as soon as my contract is done, I can go home to Canada. That is doable, right? Because that is our plan.

Yes, that should be fine.