Help needed: PR for wife and baby

[bsu14]

Hello all..
I need help/suggestions in sorting out my situation.
I'm a Canadian PR, working in USA right now. Its been just more than 2 years that I landed in Canada but never went there.
I'm planning to move to Canada pretty soon before my 3 yr limitation arrives. I have got married and had a baby since I got my Canadian PR. Both my wife(Indian Citizen-Spouse visa H4 in US) and baby (US Citizen) donot have PR in Canada. My wife did get her Visitor visa to Canada few months ago (valid for 2 years).
I'm confused on few things:
1. What category I should be filing PR for my wife and baby when I move to Canada. Spouse Category? For baby -Humanitarian category? Should I file two different application for my wife and baby? Wife in Spouse category and Baby in Humanitarian category? OR on the same file?

2. Whether to file Inland or Outland application for my wife? Can this be filed even if my wife will be with me in Canada on visitor visa? I hav heard that Inland takes more time than ouland?

There are so many posts which suggest differently on what category to apply and inland vs outland?

I would appreciate any help on this..

Thanks

 

[matthewc]

1. Spousal sponsorship, with the baby listed as a dependent. One application.
http://www.cic.gc.ca/english/information/applications/fc.asp

2. Outland is usually faster, and gives you the right of appeal. You can apply outland even if living in Canada. The only disadvantage might be having to leave Canada if they require an interview. However, since she has 2 year entry into Canada, and a US visa already, you could file outland, but have it processed in Buffalo. (I'm assuming it's a multiple-entry visa.)

Note, as a PR you can't submit the application until after you're back living in Canada. Since your wife already has a visitor visa for Canada, and your baby is a US citizen (visa exempt) you should be able to move back to Canada all together and then sponsor her through the outland route via Buffalo.

 

[bsu14]

Thank you matthewc for your advise.

Seems like outland application is the way to go as I saw many people, in this forum, waiting for really long time when filed inland.

I'm still left with one confusion. My wife is an Indian citizen and she will be losing her status (H-4 dependent) in USA once we move to Canada. Therefore, I'm not sure how can I get her application processed in Buffalo. The issue would be if there is an interview in Buffalo and she doesnot get the visitor visa to US. Moreover, as she is an Indian citizen, wouldnt her application be processed in India?

Whereas , my newborn daughter is a US Citizen, so I'm not sure how should I file hers?

Can it be that my wife's application is processed in India and my new daughter, who is US citizen, at Buffalo. I'm not sure if that is possible or not? Also, I'm hoping that there is still one application; when going that route;If this outland application is sent to mississauga, will they will send it to apporpiate countries?

Another question is that, if it takes more than 6 months for processing PR for my wife while she is in Canada, do we file for extension for visa with PR application? Also, can we file open work permit for my wife along with PR applcation as well, as with Inland applications?

Please advise.

Thanks in advance

 

[matthewc]

Technically your wife and child can't "move" to Canada permanently until they get PR status so if you try that, be very careful what you say when they enter, especially if your wife won't be able to return to the USA without a new visa. If she won't be allowed back into the USA, there is a good chance they will not believe she is only visiting Canada, and intends to remain permanently. That is sufficient grounds to refuse her entry.

If she comes to Canada (and isn't allowed back into the US) then her application will have to be processed in India, unless she's allowed into Canada for a year, which is unlikely.

Your best option may well be to go to Canada on your own, and then sponsor your wife and your child while they remain in the USA. That way the applications can be processed in Buffalo, without the risk of your wife being forced to return to India.

Choosing to separate yourself from your wife and child while they process the PR applications would be difficult, but would seem preferable to the chance of your wife having to return to India, perhaps also separated from your child.