Sponsoring husband (in US) while staying in US ?

[sparkle]

Hello,

We recently got married and are currently living apart due to the requirement of PR application to have the sponsor residing in Canada. However, we both live close to the border, and I have a US visitor visa. I wanted to know that if we decide to live together right now while I file for his PR, would it be fine if I stay with him in US and cross the border everyday to come to Canada to work.
I can even show a Canadian address, as my family lives here, in Canada, while I stay in US with my husband but do not make it as my residential address. My only concern is crossing the border 5 days a week to come to work when they may question me being away every night despite showing a canadian residential address.
Also, my citizenship residency requirement is a year away. Our final plan is to reside in Canada once my husband gets his PR and can start looking for a job here, but until then, the best soltuino for us to live together is to be in US (midway) so we both can continue our jobs.
Can someone plz suggest a way we can file for his PR and my citizenship and still be able to stay together ?

 

[lenardparnold]

I hope someone else has some insight as I don't have much, but from some reading and research can help you a bit.

It seems as if there are much less problems when you apply to sponsor and get your spouse's residency while living a part in the country of each other's residency. If you have good proof of a relationship, and no previous immigrations problems, criminal issues or medical problems then there aren't many issues.

The problem seems to come if you are applying to sponsor while living with your spouse long term in another country. This is because they worry that you will not go with your wife to live in Canada to fulfill your sponsorship duties. This is my current case and I am struggling to find good proof for re-entering Canada, though I have good reason and everything intention to go there. But I also don't want to leave my wife alone in her country while we wait for the process.

In your case there shouldn't be a problem, because you both live on the border and can visit easy, and you have many solid ties to Canada that will remain throughout the process. (your job, and home) There is nothing wrong with visiting your spouse while the process takes place as long as you can prove all of your long-term, and ever-remaining ties to Canada so immigration believes that you intend to live in Canada with him.

I don't see any problems here.

 

[matthewc]

lenardparnold, there is a requirement that a PR (as opposed to a Citizen) must be residing in Canada in order to be able to sponsor.

A citizen can be living with their spouse outside Canada and qualify to sponsor - but that is not true when the sponsor is a PR. It's far from clear that there wouldn't be any problems in this situation, as it's possible CIC could determine the sponsor is not residing in Canada.

I'm not sure if sleeping in the USA and commuting to work in Canada is sufficient to meet the definition of residing, in fact, I'd say that more likely than not it's NOT sufficient. If you were sleeping in the USA at weekends, then maybe that would be allowed. What about 3 nights a week? What about 4? At what point do you cross the line from "visiting" every day to "residing" there. I'm really not sure, and it's hard to know where they might draw the line.

It's quite likely that - if discovered - you could be refused. Even if you end up winning on appeal, it's not advisable to give them any reason to refuse you.

See IP2 section 13.2 for more (but unfortunately, not a great deal of guidance on how they might assess this situation).

Honestly, my feeling is you might well get away with it, especially if you're maintaining your home in Canada, and only start the regular visits after the sponsorship is approved. I still wouldn't recommend that, though. Better to have him visit you.

As for your citizenship eligibility, every night you spend outside Canada will mean one day extra wait for citizenship. That's another slightly gray area but if you put absences into the online citizenship calculator, that's how it calculates it. It's a very, very good idea to wait until the citizenship calculator unequivocally says you have 1095 days of physical presence before applying, or you will have to have an interview with a citizenship judge which will slow things down. Be sure to keep a very accurate record of your crossings in and out of Canada, as you have to report every absence when you apply for citizenship (unless you leave and return the same day).

 

[lenardparnold]

Thanks for confirming this. I wasn't aware she was only a PR nor of the rule when being a PR.

 

[sparkle]

Thank you so much for the info.

I will keep residing in Canada, and visit him during weekends. He doesn't have a visitor visa, and I am not too sure if applying for one now or once we file for his application is a good idea as they may refuse it considering we have both temporary and permanent application in record.
As far as citizenship is concerned, they say if you do no t remember the exact number of days you've been away, you can always write an approximate number of days.
Is there a way however, they would be able to know every time i cross the border and when I come in, as they don't really stamp anything on the passport.

 

[matthewc]

Yeah, actually there is. You can request a copy of your border crossing record from CBSA. If you cross by car, you give them the licence plate. I read about someone doing that either here or on one of the other forums. Do some searching and you'll probably find it.

I would suggest just keeping a diary though. If nothing else, if eventually you ended up being called to meet with a citizenship judge because your physical presence requirement was in doubt, you could show them that as proof you made as good an effort as you could to honestly record all your trips out of Canada.