Applying for both Canadian PR and US Green Card when my wife is Canadian

[tesa1231]

Hello,

I currently reside in the US with my Canadian wife (we're both on temporary work permits), but would like to have the option to move to Canada in the long term if/when we feel appropriate, or in case the US green card application happens to be unsuccessful.

I have the option to apply for an employment-based green card in the US. We currently do not have an intent to leave the US; it is our primary/only residence, and we both have jobs and live happily here. Having intent and actually physically residing in the US I believe is enough to fulfill my green card residency responsibilities.

As for Canada, I'm aware that normally the PR responsibilities include residing in Canada for 2 years during any 5-year period. However, since my wife is Canadian, and we live together in the US, I believe I do not need to be physically present in Canada.

Do you foresee any issues during the application process for either of the PRs, or any issues to retain them both indefinitely as long as 1) I reside in the US 100% of the time and 2) we remain married and living together?

Thanks

 

[armoured]

The whole idea sounds silly and unworkable, frankly. No, it probably won't work to say you're accompanying your spouse with no plan to spend much time in Canada and your spouse just working in the US (as opposed to being sent on a posting by a Canadian company). If you were trying to justify your situation as accompanying her, you'd probably have more uncertainty and hassles and concerns about it than worthwhile.

And frankly not worth the candle, really, if you're not planning on residing in Canada.

Simplest and most reliable approach? Get a trv to Canada - probably will be issued for longer term, like length of your passport, at least after the first time. Visit occasionally.

Then in future should you decide to move to Canada, you could simply apply from within Canada or outside Canada and deal with it then.

 

[scylla]

Hello,

I currently reside in the US with my Canadian wife (we're both on temporary work permits), but would like to have the option to move to Canada in the long term if/when we feel appropriate, or in case the US green card application happens to be unsuccessful.

I have the option to apply for an employment-based green card in the US. We currently do not have an intent to leave the US; it is our primary/only residence, and we both have jobs and live happily here. Having intent and actually physically residing in the US I believe is enough to fulfill my green card residency responsibilities.

As for Canada, I'm aware that normally the PR responsibilities include residing in Canada for 2 years during any 5-year period. However, since my wife is Canadian, and we live together in the US, I believe I do not need to be physically present in Canada.

Do you foresee any issues during the application process for either of the PRs, or any issues to retain them both indefinitely as long as 1) I reside in the US 100% of the time and 2) we remain married and living together?

Thanks

You'll likely run into an issue getting your PR application approved (assuming you plan to apply through spousal sponsorship). Since your wife is outside of Canada, as part of the PR application, she must include hard proof that both of you plan to relocate to Canada to live here once your PR visa is approved. You may find it quite difficult to prove this if you don't have any plans to relocate. If the evidence you provide isn't sufficient, IRCC will refused the application.

 

[YVR123]

Why don't you wait till you really want to relocate to Canada then apply?
Since she is a Canadian, she can apply to sponsor you any time. (There is no age or time limit)

 

[canuck78]

Hello,

I currently reside in the US with my Canadian wife (we're both on temporary work permits), but would like to have the option to move to Canada in the long term if/when we feel appropriate, or in case the US green card application happens to be unsuccessful.

I have the option to apply for an employment-based green card in the US. We currently do not have an intent to leave the US; it is our primary/only residence, and we both have jobs and live happily here. Having intent and actually physically residing in the US I believe is enough to fulfill my green card residency responsibilities.

As for Canada, I'm aware that normally the PR responsibilities include residing in Canada for 2 years during any 5-year period. However, since my wife is Canadian, and we live together in the US, I believe I do not need to be physically present in Canada.

Do you foresee any issues during the application process for either of the PRs, or any issues to retain them both indefinitely as long as 1) I reside in the US 100% of the time and 2) we remain married and living together?

Thanks

IRCC has become very strict when it comes to solid proof that you will be relocating to Canada after PR approval. They want to see things like giving notice at your US jobs, giving notice or selling property, etc. Would add that if you never relocate to Canada and just land and return to the US there is a very good chance that the time spent with your Canadian spouse abroad will not count towards your RO. Would add that the US doesn't like seeing people applying for green cards in addition to immigration to other countries.