sponsoring spouse from usa

[sobia]

Hello

I am a canadian citizen and my husband is on a H1B visa in USA.
I plan to sponsor him to canada using the Application to Sponsor a Member of the Family Class (If your spouse, partner or dependent child lives outside Canada).
I wanted to know:

-- If this is the right application form as I live in Canada and he lives in USA as of now.
-- How much time will it take for him to get sponsored .

thank you

 

[Kayaker]

Yes, that is the right kind of application (outland).

It depends on what country he is from. Since he lives in the U.S. they might process his application in Ottawa (most U.S. applications are processed in Ottawa and it takes a few months) but CIC might decide to process his application in his home country.

 

[Kayaker]

If your husband has a valid visa of a year or more in the U.S., he can be processed in Ottawa (or N.Y. or L.A.). Or the VO of his home country. Ultimately it's CIC's decision to make, not yours, unfortunately.

 

[yvr1234]

It also depends on what is his citizenship/country he is from.
H1B Visa means he can live/work in US during this Visa. But he isn't "from US".
I don't know in this case which VO will process his application.

 

[sobia]

He is an indian citizen

 

[Kayaker]

You can certainly request (I think you can and you should) that his application be processed in Ottawa (or LA or NY - where place Americans are processed), because he is living in the US.

It IS possible that CIC might decide to send his application to India anyway. The decision is theirs. Be sure to include proof that he is residing in the U.S. with a valid H1B visa, if you don't want them to send the application to India.

If they process his application in the US, that is probably quicker than India.

 

[rhcohen2014]

it's important to note that not all applications in ottawa are treated equal. there are some non- us citizens who have had their applications sent to LA and require an interview. this seems to be one of the "trends" for applications getting sent to LA (NY does not process family class sponsorships, so the interview is currently ALWAYS in LA). These applications are taking closer to the posted processing time of 16 mo., not the quick turnaround US citizens are seeing. So, it's not a guarantee having an applications processed in ottawa would be any less time than New Dehli. Also, it really doesn't matter where the applicant wants it to be processed. it's completely up to CIC and what their protocols suggest is appropriate for the file. There is never any guarantee it will be processed as the applicant expects it to.