Immigration from US

[nustian]

Hi all,
I am a Canadian citizen currently working on TN in US. My spouse is here in US doing her PhD for about 4 months. Now i am interested in filing her immigration to Canada as it only takes 11 months when filing from US.

But one of my friend told me that first my spouse legally needs to stay for at least one year then she will be eligible for applying from US. I am not sure about this, is it really true that after legally staying for one year in US then she will be eligible for filing immigration?

Please guide me accordingly.

Thanks.

 

[cantor2537]

what is her nationality?

 

[scylla]

She can apply through the Buffalo visa office if she was ADMITTED to the US for one year or more. In other words, if the student visa she holds allows her to stay in the US for one year or more - she is good to go.

 

[nustian]

She can apply through the Buffalo visa office if she was ADMITTED to the US for one year or more. In other words, if the student visa she holds allows her to stay in the US for one year or more - she is good to go.

I don't see this clause on cic website, where did you find this clause?

I will appreciate if you can forward me the link.

Thanks.

 

[GOGOGO]

Not sure if you've got an answer or not. Here is the detail.

In 'Guide to Immigranting [IMM3999]' (source: http://www.cic.gc.ca/english/information/applications/guides/3999Etoc.asp), 'Application Details' section:

Question 4 Immigration Office requested for the processing of your application

Indicate the name of the Immigration Office which serves:
•your country of nationality, or
•the country in which you are residing, provided that you have been lawfully admitted to that country for at least one year.

Please also refer to a recent post regarding 'lawful admission' policy:

http://www.canadavisa.com/canada-immigration-discussion-board/lawful-admission-policy-for-pr-applications-t98817.0.html;msg1339938#msg1339938

I don't see this clause on cic website, where did you find this clause?

I will appreciate if you can forward me the link.

Thanks.