Sponsorship from India

[Nitin12]

Dear All,

I need some suggestion from Immigration expert. My situation is my Girl friend (born and brought up in Canada, have citizenship) is currently working in USA. I belong to India and currently work here. We are planning to get marry soon. How can she sponsor me to migrate to Canada? What would be lead time to process my file from India? What are steps for this immigration?

Looking forward to hear some positive reply.

Thank,
Nitin

 

[Nitin12]

Plz let me know your comments..

 

[canadianwoman]

She can sponsor you to Canada as her spouse once you are married. Since she is a Canadian citizen she can sponsor you while she is living in the USA, but she must then include proof in her application that she will be moving back to Canada with you when you get your PR.
The first posting on the Family Class Sponsorship forum has complete details of what forms to use.

 

[Nitin12]

Thank Canadianwoman, I really appreciated you. I will get forms details in CIC website and but I am looking quick reply for below questions..

1. What would be lead time to process my file from India?
2. In my case, does it necessary to apply for PR first (she has canadian citizen ship)??

Thanks,
Nitin

 

[sakamath]

1. What would be lead time to process my file from India?
2. In my case, does it necessary to apply for PR first (she has canadian citizen ship)??

1. It is a 2 step process.
a. Your spouse has to apply to sponsor you. It takes about 2-3 months for her to get approved to sponsor you.
b. Once the sponsorship is approved, you would then have to apply for PR at New Delhi. this process takes a further 6-9 months.
2. Everyone has to go through this two step process while applying for Family Class applications.

For the exact timelines, visit the following website:
http://www.cic.gc.ca/english/information/times/perm-fc.asp

Over and above what is stated here, you would also have to take the following into consideration:
- Since the two of you are living apart, getting married before you apply is highly recommended.
- Common-law relationship would not be applicable in your case as you two are living apart. It would be extremely difficult for you to convince that yours is not a "relationship of convenience"
- As Canadianwoman has mentioned, you would also have to convince the visa officer that the two of you intend to reside in Canada, if approved (the purpose of PR is the intent to stay in Canada). For that, you must provide ties to Canada (own property, have a job, etc).

Hope that helps?

 

[Nitin12]

Thanks Sakamath. Now I'm very clear. As I live in India, I have to apply PR here it self and mention in PR application that she is sponsoring me...rite?

 

[canadianwoman]

No. Your wife fills out the sponsorship forms, and you fill out the applicant forms. Then both forms together must be sent to Mississauga, Ontario. There CIC will decide if your wife qualifies as a sponsor; if yes, they send both sets of forms together to New Delhi. You don't send your forms to New Delhi yourself.

 

[Nitin12]

Oh i see.. I didn't know that one.... Canadianwoman, if u dont mind then can you let me know ur email id or drop an email to my id hot_server007@yahoo.com...thanks

 

[Nitin12]

Few more query..

We are in relationship since 2007, but we live in different country ( USA and India).As I mentioned, she has Canadian citizenship and she has TN (I94) Visa to work in USA for past 2 years. We have not shared any address, have not lived together, and have not shared any any common finances stuff. She is also thinking to apply for Green Card from her current employer.

Does Canadian Visa Officer will view my case and my girlfriend as meeting the definition of a "common law" relationship.?

Thanks
Nitin

 

[scylla]

Few more query..

We are in relationship since 2007, but we live in different country ( USA and India).As I mentioned, she has Canadian citizenship and she has TN (I94) Visa to work in USA for past 2 years. We have not shared any address, have not lived together, and have not shared any any common finances stuff. She is also thinking to apply for Green Card from her current employer.

Does Canadian Visa Officer will view my case and my girlfriend as meeting the definition of a "common law" relationship.?

Thanks
Nitin

No - you are not common law. To be common law, you must have lived together in the same residence for a minimum of one full year.

 

[Nitin12]

I agreed that, we are not common law as per rule. As I mentioned that she has a Canadian citizenship and she has TN (I94) Visa to work in USA for past 2 years. She is also thinking to apply for Green Card from her current employer. How can she sponsor me in this situation to keep Canadian citizenship alive and apply for green card at same time?

 

[Nitin12]

Guys, Please help me....

 

[canadianwoman]

You're definitely not common-law, and conjugal won't work in your case either. Once you get married she can sponsor you. However, she will have to prove she will go back to Canada to live once you get your PR, and that will be hard for her to do since she is living and working in the USA and wants to apply for a green card.

 

[pandapenda]

Nitin try going to an immigration lawyer atleast for a consultation