Inland or Outland Application for Spouse

[rakakatoofaan]

Hi,

At the very outset, this forum has been very helpful.

Background:
I am Canadian PR holder, living in the US. I got my Canadian PR when I was single, back in 2016.

Few Months back, I got Married and my wife moved to the US. Furthermore, My Wife just got her Canadian Tourist Visa approved, with multiple entry. We both are Indian Citizens with US visas authorized for work, in the US.

We both have a job in Detroit, US, and we plan to move to Windsor, in April, and still continue to work in Detroit, US by commuting daily.

She is working in Detroit and plans to maintain her residence in Detroit,US and visit me during on the weekends, until she gets the PR.

Question:
a) If I apply her PR as an Inland Application, would she be able to visit me on the weekends on tourist visa while her PR application is underway? Any other scenarios/issues/concerns that I might be missing?

b) If I apply her PR as an Outland Application, would she be able to visit me on the weekends on tourist visa while her PR application is underway? Any other scenarios/issues/concerns that I might be missing?

c) If she leaves her job and lives with me in Windsor, ON, in that situation, should I apply for her PR as an outland or inland?

Thank you guys for your continued support. I really appreciate it.

 

[Miraclejj]

Hi,

At the very outset, this forum has been very helpful.

Background:
I am Canadian PR holder, living in the US. I got my Canadian PR when I was single, back in 2016.

Few Months back, I got Married and my wife moved to the US. Furthermore, My Wife just got her Canadian Tourist Visa approved, with multiple entry. We both are Indian Citizens with US visas authorized for work, in the US.

We both have a job in Detroit, US, and we plan to move to Windsor, in April, and still continue to work in Detroit, US by commuting daily.

She is working in Detroit and plans to maintain her residence in Detroit,US and visit me during on the weekends, until she gets the PR.

Question:
a) If I apply her PR as an Inland Application, would she be able to visit me on the weekends on tourist visa while her PR application is underway? Any other scenarios/issues/concerns that I might be missing?

b) If I apply her PR as an Outland Application, would she be able to visit me on the weekends on tourist visa while her PR application is underway? Any other scenarios/issues/concerns that I might be missing?

c) If she leaves her job and lives with me in Windsor, ON, in that situation, should I apply for her PR as an outland or inland?

Thank you guys for your continued support. I really appreciate it.

a) No, as an inland applicant, she shall be required physically reside in Canada through the entire process, though she can travel outside of Canada in a very short time period, such as 1-2 weeks
b) Yes, she can. But there is a risk that she may be denied the entry to Canada. It happened to a lot US citizens that in a similar situation as yours, and it certainly will have a chance to happen to your wife.
c)You can apply her PR in either way. If you file an inland application, you can also file an OWP for her. After you filed both applications, your wife will gain the implied status, and doesn't need to extend her visitor status anymore, and she can legally stay and work in Canada through out the entire processing, until a decision is made on her PR, the drawback is she cannot leave Canada, and if her PR is refused, then you don't have the rights to appeal. With an outland application, it doesn't come with the option for OWP, she has to extend her visitor status, if she wants to live with you more than 6 months. And she may be denied to enter Canada as a frequent border crosser, if CBSA agents suspect her purpose for visiting. But she can travel freely, and if her PR application was refused, you have the rights to appeal.

 

[rakakatoofaan]

Thank you for taking time out to reply back to me.

For now I have decided to take up an accommodation in Windsor and start my residency. I will live 1-2 days there every week and rest 5 days, I will live in Detroit. I will start my wife's spouse application, as an outland application. Also, in the her Spouse Application, I will indicate that she is residing in the US ( She is an Indian Citizen, working on a dependent H4 Visa in Detroit).

 

[rakakatoofaan]

Just an update. Thought thought, this might be helpful to others:

b) Yes, she can. But there is a risk that she may be denied the entry to Canada. It happened to a lot US citizens that in a similar situation as yours, and it certainly will have a chance to happen to your wife.

I spoke with the CBP officers the other day. They said to me, once, your application is started, then with Valid proof of US employment, they will issue a letter ( At the Port of Entry) which will explain that my Wife's PR application is in progress and she has a valid job offer in the US, which will allow her to enter everyday.

Thanks for your support.