Question for American & Canadian forum members

[rcraig33hb]

Hey Everyone,

Have a situation which I am hoping those who have knowledge of both Canadian and American immigration can assist with.

I am a Canadian Citizen (The Sponsor). My wife (The Principal Applicant) is currently in the Philippines. We sent our Outland application back in January 2017.

Here is the situation! My employer wants me to move and work in the U.S, where our head office is located. Chances are I will have no choice and will work on my Work Visa with HR soon.

Here is where I am confused. Assuming my wife gets here CoPR soon and comes to Canada, what's the BEST path for her to also get to the U.S. with me? HR mentioned that spouses and dependents can follow you on certain work Visas. But my wife is not currently in Canada. Also, if she arrived in Canada, I would have to fly back and greet her. How long before she would get her PR card and can fly with me to the U.S.?

If anyone has a good strategy on how to tackle this, please let me know.

Thanks

 

[Rsquare]

Im A

Hey Everyone,

Have a situation which I am hoping those who have knowledge of both Canadian and American immigration can assist with.

I am a Canadian Citizen (The Sponsor). My wife (The Principal Applicant) is currently in the Philippines. We sent our Outland application back in January 2017.

Here is the situation! My employer wants me to move and work in the U.S, where our head office is located. Chances are I will have no choice and will work on my Work Visa with HR soon.

Here is where I am confused. Assuming my wife gets here CoPR soon and comes to Canada, what's the BEST path for her to also get to the U.S. with me? HR mentioned that spouses and dependents can follow you on certain work Visas. But my wife is not currently in Canada. Also, if she arrived in Canada, I would have to fly back and greet her. How long before she would get her PR card and can fly with me to the U.S.?

If anyone has a good strategy on how to tackle this, please let me know.

Thanks[/Q

Im a little familiar with this:

She can join you using H4 visa (but it wouldnt allow her to work, generally speaking) but it will allow her to join you in the US.

I am unsure of your second question. She doesnt need a Canadian PR card to travel to the US if she has an H4. She can even fly to Canada with you with a B1/B2 visa (but remember she is just visiting the US, and not living in the US.) I would recommend the H4 visa which is tied to your H1. It is much faster and efficient. She can get an H4 while in Manila or while in Canada when she lands. If she gets an H4 in Manila then you would have to inform CIC of the change.

If youre asking at what address should they send your wife's PR card, may be you can ask a family member or a friend you can trust to use their address (unless ofcourse youre maintaining a residence in Canada which would be perfect).

I hope that helps. Good luck

 

[canuck_in_uk]

Here is where I am confused. Assuming my wife gets here CoPR soon and comes to Canada, what's the BEST path for her to also get to the U.S. with me? HR mentioned that spouses and dependents can follow you on certain work Visas. But my wife is not currently in Canada. Also, if she arrived in Canada, I would have to fly back and greet her. How long before she would get her PR card and can fly with me to the U.S.?

Hi

Your wife needs to land before you move out of Canada. If you move to the US before she lands, you would need to update your address with IRCC, who would then request proof that you will be returning to Canada soon, as this is a requirement of sponsors living abroad. As you would not be able to show such proof, the app would most likely be refused.

 

[Pitt1234]

These are 2 different scenarios.

If you work for a Canadian company in the USA:

• Yes, your wife can land in Canada. And after that move to US on a dependent visa. Whatever time she spends with you in the US is counted towards satisfying her 2 year residency requirements (but not citizenship requirement) for her PR.

if you are working for a US-based company, however:

• Yes, she can stay in US as a dependent. If you get an L1 visa, it will allow her to work without any issue. Your dependent is not allowed to work if you have a H1B or TN visa. More importantly, she would not meet her Canada PR residency requirements in this case. So you may have to shift back to Canada in 2 years.

Technically, you can get around this by making sure you are employed by the Canadian division, if your company has one.

Regarding your spouse's landing, unless she does not explicitly claim that she has no intention to move to Canada, I don't think there is an issue. Canadians do have to work outside Canada and PR eligibility also has exceptions for such a scenario.

 

[canuck_in_uk]

These are 2 different scenarios.

If you work for a Canadian company in the USA:

• Yes, your wife can land in Canada. And after that move to US on a dependent visa. Whatever time she spends with you in the US is counted towards satisfying her 2 year residency requirements (but not citizenship requirement) for her PR.

if you are working for a US-based company, however:

• Yes, she can stay in US as a dependent. If you get an L1 visa, it will allow her to work without any issue. Your dependent is not allowed to work if you have a H1B or TN visa. More importantly, she would not meet her Canada PR residency requirements in this case. So you may have to shift back to Canada in 2 years.

Technically, you can get around this by making sure you are employed by the Canadian division, if your company has one.

Regarding your spouse's landing, unless she does not explicitly claim that she has no intention to move to Canada, I don't think there is an issue. Canadians do have to work outside Canada and PR eligibility also has exceptions for such a scenario.

??

You are mixing up different requirements. Regardless of whether the Canadian spouse is working for a US company, a Canadian company or is unemployed, days spent abroad together count towards the PR spouse's Residency Obligation.

 

[Pitt1234]

Sorry, you are right. Those requirements were for a Canadian PR. For a citizen, any time spent with the spouse counts towards residency requirements for a PR:
http://www.cic.gc.ca/ENGLISH/helpcentre/answer.asp?qnum=727&top=4

??

You are mixing up different requirements. Regardless of whether the Canadian spouse is working for a US company, a Canadian company or is unemployed, days spent abroad together count towards the PR spouse's Residency Obligation.

 

[rcraig33hb]

Thanks everyone for chiming in! Cannot put a price tag on valuable information coming from intelligent people like you. Much appreciated!

Seems like i have a bit of planning to do in order to ensure that everything works out smoothly for both of us.

Thanks again!