H4 visa spouse in USA.. Husband Canadian- need info on work permit study permits

[Pusha]

My wife is on a H4 visa in the U.S.. im the primary applicant on a H1b and im a Canadian Citizen. I had a previous post saying my wife would need a visitor visa to enter Canada in any way even though im a Canadian Citizen. We would like to relocate to Canada since most of my connection is there. but I do not want to re-apply from her home country visa office because she has already been denied twice for a visitor visa and Refugee claim. Luckily we are happy together in USA because US immigration is in reform mode. I do realize the information in every Canadian Visa office is the same but if were to apply to a visa office in USA would she be approved for a work visa or study visa?? or should we just apply for spouse PR visa. Let me know thanks

 

[Pusha]

I meant denied once for visitor visa once for refugee claim

 

[scylla]

Just to clarify - does she have a denied refugee claim for Canada? In other words, did she at some point apply for refugee status in Canada?

 

[Sweden]

It depends why she was denied in the first place. If you're a Canadian citizen, and she is not from the US, her ties to the US are probably really weak - and most likely she will be denied again. Visitor visa or study permits are temporary, so the holder should leave at the end of it. If she's married to a Canadian Citizen, CIC probably won't believe ( for a reason) that she will leave at the end of her permit.

PR is probably your best bet. You can apply and ask for your file to be processed in Ottawa (which is the office for US residents and citizen) if your wife has been admitted legally to the US with a visa of a duration of at least 1 year ( it doesn't mean that she needs to have been in the US for more than a year, it means that the original visa to the US should be of at least 1 year). However, CIC might decide to send your application to her country of origin ( or the office dealing with citizen of her country). THe fact that she has been denied visitor visa doesn't necessary have an impact on her PR application, as it depends why she has been denied. If she was denied a visitor visa for lack of ties to her home country, then it won't be an issue for PR - as in that case, the PR is a "final visa", there is no need to prove that she will go back to her country, on the contrary!

Refugee claimant can be a little bit more tricky, but in general it depends why she has been denied. QUite a lot of people on this forum have been able to sponsor their spouse even after a failed refugee claim, so it's possible.

As you are a Canadian citizen, you do not need to be in Canada for the duration of the process. So - you can start the process now. You will have to prove that you seriously intend to move to Canada ( job offer, letter from family stating that they know of your intention of moving and can host you, if that's the case, bank account in Canada, network of friends etc.), but other than that, you can prepare, send the application and stay in the US with your wife until the PR is approved. Once approved, you can move together to Canada. For PR, the most important part is proving that your relationship is genuine ( and that your wife is not a criminal etc.) so if you're currently both living together in the US, married, you should have no problem proving that your relationship is genuine.

Good luck,
Sweden

 

[POLICAP]

You have a better chance of beign approved this time . My wife was in a similar situation. I was on H1b in US (Canadian Citizen) and sponsored my wife to US with my US work permit. she was on H4 visa. I applied for PR outland for her in 2003 which was denied by Visa office based on the fact that she did not covience the VO that there was a genuie relationship.

You have a better chance of being approved this time. My wife was in a similar situation. I was on H1b in US (Canadian Citizen) and sponsored my wife to US with my US work permit. She was on H4 visa. I applied for PR outland for her in 2003 which was denied by Visa office based on the fact that she did not convenience the VO that there was a genuine relationship.

When she got to US, I applied for Canada Visitor visa for her and was approved for 3yrs. Due to US economy in 2010 we moved back to Canada and I filed for PR(inland) in 2011, the first stage was approved in January, 2013. The fact that both of you had been together in the US will give you a better chance and your marriage was genuine. Make sure that you have joint account, bills and rent that has both your name and her name.

Canadian immigration system is becoming tough nowadays; Haper government has messed up the system. Things have gone bad beyond remedy. Professional immigrants are no longer staying in Canada. Nothing good to attract new and young immigrants to Canada. The processing time is lengthy and the costs is becoming non affordable for all. Let me rest my case here. Good Lock

POLICAP

 

[POLICAP]

You have a better chance of beign approved this time . My wife was in a similar situation. I was on H1b in US (Canadian Citizen) and sponsored my wife to US with my US work permit. she was on H4 visa. I applied for PR outland for her in 2003 which was denied by Visa office based on the fact that she did not covience the VO that there was a genuie relationship.

You have a better chance of being approved this time. My wife was in a similar situation. I was on H1b in US (Canadian Citizen) and sponsored my wife to US with my US work permit. She was on H4 visa. I applied for PR outland for her in 2003 which was denied by Visa office based on the fact that she did not convenience the VO that there was a genuine relationship.

When she got to US, I applied for Canada Visitor visa for her and was approved for 3yrs. Due to US economy in 2010 we moved back to Canada and I filed for PR(inland) in 2011, the first stage was approved in January, 2013. The fact that both of you had been together in the US will give you a better chance and your marriage was genuine. Make sure that you have joint account, bills and rent that has both your name and her name.