should my wife add in the application that shes coming to stay with me ?

[kourts]

My wife(the Canadian citizen) has put her in 2 week notice at her job an is planning to come stay with me while the application is being processed. Should she put this in the application? and state her parents are willing to help us when everything is approved, and that I am working and saving.

 

[CharlieD10]

She is coming to visit with you while your application is in process, that's what you need to say. If you give the impression she is coming to live in the US, it may cause CIC to require additional proof that she is planning to re-settle in Canada. For that reason, I also wouldn't mention that she is giving notice at work. This is not a long-term move for her, don't give them too much information that could make it seem that way.

By all means, include the letter of support from her parents, and mention of your saving up for your transition when you are granted PR.

 

[kourts]

I was only asking because I didn't want them to think we were lying about anything.

 

[CharlieD10]

You're not lying. You are mentioning her visit, which is a plus in favour of the genuineness of your relationship. The part about quitting her job etc, is too much information. In dealing with CIC, you want to answer everything that is asked accurately, but there is no need to volunteer more than is required.

 

[kourts]

okay. I was just worried in case they asked of more proof of her being able to support me. I'm not sure how they'd see her quitting her job to come see me, as good or bad. I know it looks good as a genuine relationship, but maybe not so much on her able to support me.

 

[RobsLuv]

I don't know. I really don't have enough information about your situation to be able to tell how officers might view your wife's leaving Canada to stay with you during processing, but at the very least, this will set her up to have to provide proof with the application of her intention to return to Canada. It also sets up the chance of being refused on financial grounds. Even though there is no minimum income requirement for spousal sponsorships, when a sponsor is unemployed, officers are to assess the chances that the landed immigrant might have to apply for social assistance benefits during their first three years because the sponsor might be unable to honour their undertaking by providing for the basic needs of their sponsored family member, and the ap could be refused under paragraph 39 of the Act. I've seen this happen a few times when sponsors are living overseas and are unemployed during the assessment.

A39 "A foreign national is inadmissible for financial reasons if they are or will be unable or unwilling to support themself or any other person who is dependent on them, and have not satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made."

A lot of this will be assessed dependent on other factors in your application: where you are from, how long the two of you have been in relationship, the quality of the relationship proofs you submit with the application, etc. For example: if you were from a country where there were cultural or language barriers to you being easily employable in Canada, there will be more concern about the fact that your wife is also unemployed. If you have been married a long time - and you have strong support for your genuine relationship - it might not be a big deal that she's left Canada to spend time with you while waiting for finalization of the application. But if doing this looks to be to add support to weak evidences of the relationship, or if you've not spent time together in the past and now she is giving up her job and home to go to be with you to help strengthen your application, it could be viewed as nothing more than a "ploy" to make it look like you are not just using the relationship to get into Canada.

I'm not saying any of this is the case - it's just that you didn't provide any info to help us assess these things, so I'm just trying to cover all the bases. At the very least, be cautious because what the two of you are planning could very well complicate the process for you.

 

[kourts]

background info:
Known each other since 2007.
I'm American and shes Canadian citizen.
we finally met in 2010.
started dating,got engaged and married.
she visited me for 2 1/2 months.
I went there for 6 days on one account.
11 on the next trip.
and the 3rd time she was down south for a night so I traveled up there to see her for not even 24 hours.

Im not using this to get into Canada, when it's right next door to me, im about a hour from the border and I could care less about free health care. I love her and I want to start my life with her. I don't wanna waste years apart from her,its hard and it hurts me and her both. I guess maybe Im not as strong as everyone else who has been apart for years before submitting the application or getting married. I have nothing to gain from moving to Canada, other than being happy with my wife.

 

[RobsLuv]

Im not using this to get into Canada, when it's right next door to me, im about a hour from the border and I could care less about free health care. I love her and I want to start my life with her. I don't wanna waste years apart from her,its hard and it hurts me and her both. I guess maybe Im not as strong as everyone else who has been apart for years before submitting the application or getting married. I have nothing to gain from moving to Canada, other than being happy with my wife.

You don't have to convince us - but you have to be aware that this is what almost the whole of CIC's assessement is all about. Everyone undergoes this assessment and if it looks like the relationship is about getting into Canada, they will "go there". It's not as common when someone is from the USA, but we (US citizens) are also not exempted from this type of assessment just because we are "right next door" and maybe not concerned about free healthcare. Also, it's not likely to take "years" to be together as a result of this process. But don't set yourselves up by assuming the worst either!

My biggest worry is the financial component, actually. I am curious as to why you are not coming to Canada to stay with her, rather than her going to the States while waiting? I was just reading through your other thread - I don't really understand, if you already had questions about being refused on financial grounds, why your wife would quit her job and notify CIC of the same, and move to stay with you while the application is assessed? Being from the US, it's certainly not that hard to spend time visiting one another while waiting for PR . . . why is it necessary for her to quit her job and go to the States to stay with you? It would actually be better for you to come to Canada to stay with her while waiting - so that she stays employed and you also have actual proof of support from her parents. Also, the discussion about you being "doomed" because you don't have a profession - or being discriminated in Canada as far as employment because you'll be an immigrant - there's just no evidences of that being the case for US citizens or same sex couples. I don't know - where you're going with both angles is just not making a lot of sense to me. It seems that you're imagining some things that wouldn't be likely to happen while, at the same time, planning to do something that could actually set you up for the worst case scenario that you are imagining.

 

[CharlieD10]

I agree with RobsLuv on her comment that it may be better for you to visit, rather than the other way around, since your wife is the employed on in the relationship. As an American, you are visa-exempt, you have a significant advantage right there in how much easier it is for you to go and visit her.

 

[kourts]

I was only asking if US citizens were also discriminated against, since they brought up the fact of immigrants being discriminated against.

When she lives 12 hours away, and I don't drive and have to take a bus there, its costly to be visiting up there all the time. thank you.
I can't stay with her while the app is being processed because her parents wouldn't allow for me to stay there for months on end. They will however allow financial support, if needed. which is unlikely because I plan on saving until I do move there.

Also she is only part time employed, and I have a full time job. she has bills to pay, I on the other hand do not.

 

[glak1234]

I'm in the same position, sponsoring my husband (he would need a Visa to visit me) and I'm a Canadian citizen.

I plan to go visit him in July (for our anniversary) and I plan to include that in the application.. I will stay there a few months since I did that last summer too.
I believe it can also help if you included it, just my opinion, and I'm not employed at the moment either, I have been in 2010 (part-time job).. I have been looking for a job now, and I've been to a few interviews this month. I'm including a letter from my parents saying that they will support us if need be and that we will be living with them when he comes to Canada (even if I have a job or not), that we don't have to pay rent, and we will not need any support from the government. We plan to live with them until we are both employed, have money saved up, and can find our own place to live. (I will include their income statements and employment letters as well)

I can see how it can jeopardize the story if she does quit her job to go there, to them, they don't know you or your situation.. you just have to prove to them that you will be fine when you do come back to Canada. But, I also plan to prove to them that I do live in Canada, that I will be back here, and that I just want to be with my husband for our anniversary.

 

[kourts]

Glad to see someone else in a similar position. Good luck to you.

 

[RobsLuv]

I was only asking if US citizens were also discriminated against, since they brought up the fact of immigrants being discriminated against.

When she lives 12 hours away, and I don't drive and have to take a bus there, its costly to be visiting up there all the time. thank you.
I can't stay with her while the app is being processed because her parents wouldn't allow for me to stay there for months on end. They will however allow financial support, if needed. which is unlikely because I plan on saving until I do move there.

Also she is only part time employed, and I have a full time job. she has bills to pay, I on the other hand do not.

OK, that makes sense. Please don't get defensive - we are just trying to help. Bottom line: I think you guys just need to be aware that her quitting her job and moving to the States to be with you while she's under assessment as a sponsor could complicate the processing of the application . . . so you might want to wait until she has been approved to sponsor, and then maybe she should just try to take a leave of absence or something to go visit you - rather than notifying CIC of this big move and setting yourselves up to have to provide a bunch of other evidences of her intent to actually reside in Canada with you once you're approved. It's up to you guys, but you have everything else that you need - as far as the marriage (which makes you eligible to be sponsored without other proofs, like cohabitation), a history that shows you didn't just marry for immigration purposes, etc., - to probably get your application approved within the faster limits of the 11 month maximum of Buffalo's timeline. If you set yourselves up to have to provide additional proofs because of her leaving her job, etc., you could stretch your approval to the outer limits and just delay beginning your real life together . . . with you having the status you need to be able to live and work in Canada.

 

[kourts]

I know it probably looks bad. but from your prospective and not CIC, you must know how hard it is to be away. and given the circumstances, its not possible for me to go and stay there.

 

[RobsLuv]

I'll send you a private message.