Landing

[Ambber29]

He is an indian

 

[Rob_TO]

No i meant canadian visitor visa so he can come here ( if it gets approved) and he can wait for his PR here.

Since he is not visa-exempt, CIC will request a copy of his passport at some time, in order to put the visa inside of it. It can be difficult sometimes to mail a passport, depending on where it's going. If he's in Canada and mails off his passport, and his visitor visa runs out while his passport is at the visa office... that could lead to trouble.

Also you will need to change his residential address on the application if he does come to Canada. This often takes a long time for CIC to process, so there's a chance even if he's in Canada when the application is approved, the COPR may be sent to his home country anyways.

 

[Alurra71]

If he is currently in the US and within driving distance to Canada, you could TRY to have him drive through the border in a personal vehicle. He can then let them know he wants to visit with his wife until the PR process is finished. He should carry all the documentation you currently have regarding your sponsorship thus far.

There is no guarantee that they will let him in even in this manner, but I am almost 100% positive if you file for a visit visa, they will deny it since you are already doing the sponsorship and he would be too great a risk of overstaying his visa since he has no ties to the US where he currently is. It's your money and your time, but I think you will find that even the seniors on this board will agree with that assessment.

 

[Alurra71]

Since he is not visa-exempt, CIC will request a copy of his passport at some time, in order to put the visa inside of it. It can be difficult sometimes to mail a passport, depending on where it's going. If he's in Canada and mails off his passport, and his visitor visa runs out while his passport is at the visa office... that could lead to trouble.

Also you will need to change his residential address on the application if he does come to Canada. This often takes a long time for CIC to process, so there's a chance even if he's in Canada when the application is approved, the COPR may be sent to his home country anyways.

Rob,

I might be wrong here, but if they applied outland and the US was there VO, wouldn't his COPR also have to be mailed to an address there? If he used an address in his home country, wouldn't his VO have been there and not the US?

 

[frege]

There are 2 ways to land.
1. From ANY international flight to Canada, at the airport. Doesn't matter what country you're coming from.
2. If already in Canada, or are driving from USA, then at any land border crossing.

Even outland applicants can land at an inland CIC office, but it takes many weeks to get an appointment. In urgent cases (such as if the visa/COPR is about to expire), this can be accelerated.

See the following operational bulletins.

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob402.asp

http://www.cic.gc.ca/english/resources/manuals/bulletins/2013/ob537.asp

 

[Rob_TO]

Rob,

I might be wrong here, but if they applied outland and the US was there VO, wouldn't his COPR also have to be mailed to an address there? If he used an address in his home country, wouldn't his VO have been there and not the US?

You can change your home address at any time during the application process. So this could be USA, his home country, or Canada. Where someone started the application process, is not necessarily where they finish it. So need to make sure the COPR will be sent to whatever address you are actually at.

My understanding here is the person holds an Indian passport, but currently resides in the US and applied through US visa office since they were admitted to US for at least 1 year. But they don't have re-entry privileges, which means if they came into Canada they could not return to the US. However passport I assume would still need to be mailed to the US office at some time to put the PR visa in it.

 

[canuck_in_uk]

My understanding here is the person holds an Indian passport, but currently resides in the US and applied through US visa office since they were admitted to US for at least 1 year. But they don't have re-entry privileges, which means if they came into Canada they could not return to the US. However passport I assume would still need to be mailed to the US office at some time to put the PR visa in it.

This is how I interpreted it as well.

To the OP, I don't believe it is worth it for you to apply for a visitor visa for him to come to Canada, as it will most likely be denied. He is near the end of the process, so you should wait it out until he gets his visa and COPR. And your lawyer sounds like an idiot.

 

[Ambber29]

His passport will come to our lawyer address in Canada.
We also gave his address as residential address but mailing address is in Canada. ( our lawyer address)

 

[frege]

This is how I interpreted it as well.

To the OP, I don't believe it is worth it for you to apply for a visitor visa for him to come to Canada, as it will most likely be denied. He is near the end of the process, so you should wait it out until he gets his visa and COPR. And your lawyer sounds like an idiot.

It's possible the lawyer thought it might look suspicious if he claimed to be residing in the US but then arrived from a different country.

 

[frege]

If he is currently in the US and within driving distance to Canada, you could TRY to have him drive through the border in a personal vehicle. He can then let them know he wants to visit with his wife until the PR process is finished. He should carry all the documentation you currently have regarding your sponsorship thus far.

I don't think this is permitted, since he's not visa-exempt.

 

[nsr]

His passport will come to our lawyer address in Canada.
We also gave his address as residential address but mailing address is in Canada. ( our lawyer address)

As soon as your Lawyer gets his passport and COPR from LA, Your husband have few options if he is in Canada at that time, either do flag pole(even if he does't hold valid visa for US at that time) or book an appointment at local canadian cic office( 4-8 weeks waiting).

If he is in US at that time then you would need to US( safest way or you can mail him too) go along with his passport and get him to canada by road or by air.

If he is already in Canada on single entry visitor visa, then it depends how long he is allowed to stay in canada, usually 6 months if no date stamped. Then he doesn't need to apply for visitor visa. If he is allowed for say 1 month then he can apply for extension of visitor status which will give him Implied status and he can stay until decision on that extension comes. It takes 90 days to get decision on extension( online is faster may be 60 days I think). Paper based extension will be better as it will give extra month for the result of it. By the time he will get yes or no, hopefully it will be the end of the process for him.

This is my thinking, seniors may know better.

 

[Ambber29]

What are his chances of getting visitor visa approved?
LA processing times is 30 days? Is it usually sooner?
What are the reason we can give?
Can we say that interviewer suggested? She also argued why my husband did not apply for one in last two years and why i was coming to usa all the time? We said our lawyer said it will get rejected and she said thats not always the case.

 

[frege]

What are his chances of getting visitor visa approved?
LA processing times is 30 days? Is it usually sooner?
What are the reason we can give?
Can we say that interviewer suggested? She also argued why my husband did not apply for one in last two years and why i was coming to usa all the time? We said our lawyer said it will get rejected and she said thats not always the case.

Normally, most applications are processed within 29 days, but with the foreign service officers' strike it may take longer.

He can say that he wants to visit you while you wait for the PR application to be finalized. I don't think he needs to mention what the interviewer said. You don't want to make it sound like you're getting the visa to try and make the PR application look better.

You should have a look at the application forms to see what documents you'll need to submit. With the current strike, it's recommended to apply online so they can forward the application to a different office if yours is on strike.

I think the visa officer making the decision on the visitor visa will definitely try to speak to the one who interviewed you. If there are any problems with the PR application, then you probably won't get the visitor visa. Otherwise, it seems possible you'll get it. Also, the officer processing the PR application will receive all the information from your visitor visa application.

 

[Ambber29]

Thanks all for your help.

 

[canuck_in_uk]

What are his chances of getting visitor visa approved?
LA processing times is 30 days? Is it usually sooner?
What are the reason we can give?
Can we say that interviewer suggested? She also argued why my husband did not apply for one in last two years and why i was coming to usa all the time? We said our lawyer said it will get rejected and she said thats not always the case.

As I said in my previous post, his chances of getting a TRV are very low. To get a TRV, a person must be able to prove stronger ties to their country of residence than to Canada. However, VOs will pretty much always consider a spouse in Canada the strongest tie and reject the TRV.

You can try but don't put all your hopes on it.