Sposnsoring family member - Documents to show that I plan to return to Canada Op

[arnix]

Hi Everyone,

I am a Canadian citizen living in USA on TN status and my wife, an
Indian citizen, is here on TD status. Few months ago we started the
process of sponsoring my wife under the Family Class immigration
program.


Today I got a letter from the Buffalo office asking me, the sponsorer,
to prove that I intend to return to Canada when my wife gets the
Permanent Residence. They mention that given that I have a job in US
and my visa is good till 2012 raises concerns that I won't return to
Canada.


Did anyone face such issue before? If so please let me know how you
tackled this.


Thanks.

 

[ariell]

Re: Sposnsoring family member - Documents to show that I plan to return to Canad

For the visa to be granted to your wife, the visa officer has to be convinced that you will return to Canada when she gets her PR. While you are eligible to sponsor from outside of Canada since you are a Canadian citizen, you still need to submit proof with your application of your plans to re-establish yourself in Canada. If you didn't provide this, that's why they are asking now, and yes, it happens often that they ask for this. Some things that CIC suggest as proof include:
·letter from an employer;
·letter of acceptance to a Canadian educational institution;
·proof of having rented/bought a dwelling in Canada;
·reasonable plans for re-establishing in Canada or severing ties to the other country.

 

[arnix]

Right now I dont have any letter from any employer or renting contract.
I do want to go back to Canada and have not bought any property in US and in Canada I have bank accounts and RRSP. I do not know when my wife's immigration process will be complete so I have no idea how can I get a job for a date that is unknown at this point.

Is there a bond/letter I can submit to the officer in this case to prove that I do want to return to Canada?

 

[plumosa]

when was the application filed? I ask because half of the buffalo applications are finished in 6 months, its not unreasonable for them to want to know what you will be doing in 3-4 months to prove that you will be back in Canada. You can get affidavits from family members stating that they expect your return and that you will be staying with them until you find a place of your own.


Honestly there is nothing stopping you from finding a job right now in Canada and moving there. Your wife should be able to stay with you for the remainder of processing time (which should be very minimal by the time you actually find a job and a place to live)

I would write them back, listing the companies you have applied for in Canada and maybe a link to your monster.ca profile (get one if you don't have one yet-or equivalent job search site)

 

[arnix]

The application was filed in late April. Last week we got a letter aksing for the FBI certificate and two days after that we got this leter asking to prove that I intend to return to Canada.

 

[ariell]

Re: Sposnsoring family member - Documents to show that I plan to return to Canad

when was the application filed? I ask because half of the buffalo applications are finished in 6 months, its not unreasonable for them to want to know what you will be doing in 3-4 months to prove that you will be back in Canada. You can get affidavits from family members stating that they expect your return and that you will be staying with them until you find a place of your own.


Honestly there is nothing stopping you from finding a job right now in Canada and moving there. Your wife should be able to stay with you for the remainder of processing time (which should be very minimal by the time you actually find a job and a place to live)

I would write them back, listing the companies you have applied for in Canada and maybe a link to your monster.ca profile (get one if you don't have one yet-or equivalent job search site)

Since she is an Indian citizen, his wife will need to obtain a tourist visa. These are often refused when you are married to someone who is living in Canada as you need to convince the IO that you intend to leave at the end of your visa.

 

[ariell]

Re: Sposnsoring family member - Documents to show that I plan to return to Canad

Right now I dont have any letter from any employer or renting contract.
I do want to go back to Canada and have not bought any property in US and in Canada I have bank accounts and RRSP. I do not know when my wife's immigration process will be complete so I have no idea how can I get a job for a date that is unknown at this point.

Is there a bond/letter I can submit to the officer in this case to prove that I do want to return to Canada?

There is no bond that I am aware of that you could submit. But yes, you do need to write a letter and include some evidence that you are making plans to return to Canada. So, things that people have submitted include job searches, apartment searches, letters from family stating that the couple can stay with them until getting themselves settled, etc. Given that you have a work visa for the US that expires in 2012, I think they will be a little more picky in seeing some type of evidence of your plan to return to Canada. If they think that you won't be returning to Canada, then they can and have refused the visa.

 

[arnix]

Given that I am in US on TN status, which is a non-immigrant only status, will that make my case stronger? Have people been refused when they are on TN in US and have not filed for Green Card and have not purchased any property in US?

 

[ariell]

Re: Sposnsoring family member - Documents to show that I plan to return to Canad

Unfortunately, I don't think that makes your case stronger at all. I think their concern is that your visa is good until 2012 -- a full 2 years from now. That will raise more than a slight concern that you do not intend to return to Canada when your wife gets PR.

 

[can_usa_97]

I'm not familiar with TN status -my husband is in the US on a green card obtained as a result of marriage to me.
His green card will not 'expire'... though it truly never does till 2013. Does he have a concern? (he's the Canadian and we've been living in the US 12+ years)