Does my wife need to apply for TRV from home country ?

[ahmadka]

Hi everyone. I want to apply for a Canadian visit visa for my wife, who lives with me in the US on H-4 spouse visa. In another thread I was told that chances of rejection are high because she is not in Pakistan. Is this really a valid justification ? I mean, she's staying in the US as .a lawful resident with me.

 

[Bryanna]

Hi everyone. I want to apply for a Canadian visit visa for my wife, who lives with me in the US on H-4 spouse visa. In another thread I was told that chances of rejection are high because she is not in Pakistan. Is this really a valid justification ? I mean, she's staying in the US as .a lawful resident with me.

You have misunderstood. The chances of a TRV refusal are high not because she is applying from the US/not from Pakistan, but because she has no ties to demonstrate to the US (no employment, no study ties, etc) + with you as a Canadian PR, the visa officer will be inclined to believe that she will apply for spousal PR via the inland route (which is your intention).

To have chances of an approval, she must prove that you have compelling reasons to return to the US at the end of a short stay

 

[ahmadka]

You have misunderstood. The chances of a TRV refusal are high not because she is applying from the US/not from Pakistan, but because she has no ties to demonstrate to the US (no employment, no study ties, etc) + with you as a Canadian PR, the visa officer will be inclined to believe that she will apply for spousal PR via the inland route (which is your intention).

To have chances of an approval, she must prove that you have compelling reasons to return to the US at the end of a short stay

Thanks for the clarification. Thing is my spouse is on 'H-4 spouse' visa in the US, which doesn't permit her to work or study, otherwise she definitely would have worked. We also don't have any property here in the US as I'm pretty young and early in my career. I could however show that she is mentioned on our rental lease agreement, if that helps.

Isn't the fact that I have an active job in the US, a good reason for us to come back ? I mean, getting a job in Canada is generally hard so won't the VO realize that I won't want to loose my job ?

Anyhow, is there anything else I can mention to make her TRV case stronger, even if the intention of visiting Canada was truly, just for visiting and coming back ?

 

[Bryanna]

Anyhow, is there anything else I can mention to make her TRV case stronger, even if the intention of visiting Canada was truly, just for visiting and coming back ?

Here's a similar case you may want to refer to:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/which-countries-to-visit-to-improve-travel-history-significantly.482769/#post-5896378

 

[ahmadka]

Here's a similar case you may want to refer to:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/which-countries-to-visit-to-improve-travel-history-significantly.482769/#post-5896378

Thankyou for linking to that thread -- needless to say, it was useful!

So from what I can tell, my situation and the OP's situation in that thread is pretty similar. The only differences I noticed are the following:

• Her wife is working in the US while being on H-4 US Visa and my wife can't work.
• Her wife has some travel history (U.S., Bahamas, New Zealand, Australia) whereas my wife hasn't been to any country in the last 5-6 years besides US. My wife has been to Saudi Arabia in 2009 though.
• OP there is Indian and I'm Pakistani.

OP's wife in that thread got approved for TRV. Now, I cannot help with the first point above because according to current US laws, H-4 spouses cannot work unless their H-1B spouse has been on H-1B for 6 years or more, which doesn't apply to me. But I can try to improve my wife's travel history. I was thinking of applying for UK Visa for both of us and going there for like a week to build my wife's travel history. Would that help ?

Anything else I can do to help my wife's TRV case ?

 

[Bryanna]

OP's wife in that thread got approved for TRV. Now, I cannot help with the first point above because according to current US laws, H-4 spouses cannot work unless their H-1B spouse has been on H-1B for 6 years or more, which doesn't apply to me.

That's right. The OP did have a fair bit of advantage because his wife is employed in the US.

But I can try to improve my wife's travel history. I was thinking of applying for UK Visa for both of us and going there for like a week to build my wife's travel history. Would that help ?

Do you have friends/family in the UK who will invite you? IMO, a visit of one week may seem too short if you're applying for sightseeing.

Anything else I can do to help my wife's TRV case ?

What really seems to work is to prove that you have more compelling reasons to return to the US than to remain in Canada. This indirectly indicates that your wife needs to return with you.

Can your wife prove she has other reasons to return to the US?