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Can I move to the US while my husband's Cdn. immigration is processing?

pcakes

Newbie
Mar 13, 2010
1
0
Hi there,
I am wondering if I can move to the US while my husband's Canadian Immigration is processing? We have applied outside of Canada and he is currently living in the US a few hours away from me. The problem is that we have 2 small boys and it is hard on all of us while we are awaiting the immigration process. I am currently on maternity leave and could get an extension from work for a year so I could leave Canada without it affecting my job. I know that I can visit in the US for up to 6 months (without risking health benefits).

Any thoughts or answers would be greatly appreciated.
P
 

ariell

Hero Member
Oct 9, 2008
938
38
Job Offer........
Pre-Assessed..
Depends on what your status is. If you're a citizen, not a problem. If you're a PR, you can't -- you need to be in Canada while his application is in process. Your other option is for him to come live here while his application is in process, though I assume he's probably working there so that might be a challenge.

Good luck.
 

RobsLuv

Champion Member
Jul 14, 2008
1,837
128
124
Ontario
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.
Original:9May'07; Reprocess:7May'10
AOR Received.
Original:28Apr'07; Reprocess:26Apr'10
File Transfer...
n/a
Med's Request
Reprocessing:7May2010
Med's Done....
Jun2010
Interview........
n/a
Passport Req..
30Nov2010!!
VISA ISSUED...
31Dec2010!!
LANDED..........
31Jan2011
Ariell is right, if you're a Canadian citizen, you can stay in the States with him while waiting for his PR to finalize. Be careful, though, about two things: 1) just like someone coming into Canada, you'll have to be careful when entering the States that you don't make them think you're going to stay illegally. You're being able to visit the States for up to six months isn't so much about your health benefits as it is about the US (just like Canada) not allowing a foreign national to remain there as a visitor for longer than 6 months. Also, 2) be aware that, if CIC finds out that you've gone to the States, they may want proof that you're intending to come back - so be prepared with something like verification from your employer that you're coming back at the end of your maternity leave.
 

syedd

Star Member
Mar 15, 2010
94
0
Hi All,

Would this means that a sponsor who holds PR card can't visit his or her spouse even for 15 days on her job holidays while her spouse visa application is in process. Could visa officer still raise this question even sponsor has strong ties in Canada and going through the process of citizenship during a visit. It's a bit confusing. Could some1 throw some light on it to make it fully clear. or is it something like " A sponsor can't leave canada at all while a spouse visa application is in process". also an application during process means the process until the decision is made and visa is issued ? or the first stage sponsor approval!!!

thans in advance.