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Canadian citizen accompanying PR spouse to the US on H4

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renekton

Member
Jul 1, 2017
15
2
Hi,

I am a Canadian citizen, and my spouse is a permanent resident (PR) of Canada. My spouse’s H1B visa has recently been approved, and she is planning to move to the U.S. I will be accompanying her on an H4 dependent visa.

I was wondering whether any time we spend together outside of Canada will count towards her PR Residency Obligation (R.O.)?

I understand that Canadian PRs may receive credit for time spent abroad if they are accompanying their Canadian citizen spouse.

I have two questions regarding this
1. Would this still apply in our situation, where I am the one accompanying her on a dependent visa (H4)?
2. Also, I'm curious how would this play out if we're both on H1B visas?

Thank you for your help!
 
Last edited:
P

Ponga

VIP Member
Oct 22, 2013
10,416
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renekton said:
Hi,

I am a Canadian citizen, and my spouse is a permanent resident (PR) of Canada. My spouse’s H1B visa has recently been approved, and she is planning to move to the U.S. I will be accompanying her on an H4 dependent visa.

I was wondering whether any time we spend together outside of Canada will count towards her PR Residency Obligation (R.O.)?

I understand that Canadian PRs may receive credit for time spent abroad if they are accompanying their Canadian citizen spouse.

I have two questions regarding this
1. Would this still apply in our situation, where I am the one accompanying her on a dependent visa (H4)?
2. Also, I'm curious how would this play out if we're both on H1B visas?

Thank you for your help!
Click to expand...
Familiarize yourself with discussions in this particular forum regarding `Who followed whom'.

Since your spouse is already a PR that has been living in Canada (with you?), it's a mitigating factor that may be positive; they have `established themselves in Canada.
However, since YOU would clearly be following your spouse to live in the U.S., it could be an aggravating factor.
 
C

canuck78

VIP Member
Jun 18, 2017
55,587
13,518
renekton said:
Hi,

I am a Canadian citizen, and my spouse is a permanent resident (PR) of Canada. My spouse’s H1B visa has recently been approved, and she is planning to move to the U.S. I will be accompanying her on an H4 dependent visa.

I was wondering whether any time we spend together outside of Canada will count towards her PR Residency Obligation (R.O.)?

I understand that Canadian PRs may receive credit for time spent abroad if they are accompanying their Canadian citizen spouse.

I have two questions regarding this
1. Would this still apply in our situation, where I am the one accompanying her on a dependent visa (H4)?
2. Also, I'm curious how would this play out if we're both on H1B visas?

Thank you for your help!
Click to expand...
How long as she spent living with you in Canada? After PR?
 
C

canuck78

VIP Member
Jun 18, 2017
55,587
13,518
renekton said:
She became a PR last year, about 14 months now.
By the time we move to the US (most likely in March, 2025), it'd have been 19 months.
Click to expand...
There is no definitive answer but that fact that you established a life in Canada after she got PR certainly helps.
 
A

armoured

VIP Member
Feb 1, 2015
17,241
8,861
renekton said:
I was wondering whether any time we spend together outside of Canada will count towards her PR Residency Obligation (R.O.)?

I understand that Canadian PRs may receive credit for time spent abroad if they are accompanying their Canadian citizen spouse.
Click to expand...
As others have indicated, it probably would count based on superficial info you provided.

But what does she need PR status for? Worst case, you sponsor her again in future.
 
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