Sponoring my wife

[sonicmoj]

I am new to this forum so I apologize for any redundancy since I couldn't find a topic that was specific to my situation.

I am a Canadian citizen living in the US on a TN visa for the last 5 years. I plan to marry my fiance who is from Serbia in Serbia later this year. After reading through several forums, I've have a few questions about this process.

1. I understand that I have to submit a sponsorship application on my behalf to see if I am eligible to apply for a family-class marriage sponsorship. With that being said, I've heard that in order to qualify as a sponsor, I have to show proof that I have paid Canadian taxes. I have been living in the US since 1999 as I studied in the US and after wards immediately started working on a TN Visa. I have not paid taxes in Canada since 1998. I have paid taxes in the US since 1999 till present. Does the fact that I pay US taxes account for anything for me to qualify as a sponsor or does the CIC only care about Canadian taxes? My worry is that if they're specifically looking only for Canadian taxes, I cannot sponsor my wife for Canada.

2. If #1 is not an issue, can I apply to sponsor her while living in the US? If so, I've read from other posts that many have mentioned to send all the papers to Missauaga from Canada rather than the US because if it is done outland, you have to show proof/intent that you will be moving back to Canada (i.e. - family letters stating that you will be moving back). I understand the logic but just want to confirm.

3. Is there any value in obtaining a lawyer for this PR sponsorship process or have others done it themselves indicating it's not that complicated to fill out the paperwork as long as one is detailed and submits the paperwork on time?

Thanks for your assistance,
Joel

 

[canadianwoman]

1. I understand that I have to submit a sponsorship application on my behalf to see if I am eligible to apply for a family-class marriage sponsorship. With that being said, I've heard that in order to qualify as a sponsor, I have to show proof that I have paid Canadian taxes.

The application to sponsor and the application to immigrate to Canada as a sponsored spouse are sent together to Mississauga.
You do not need to have paid taxes in Canada. The forms ask for your latest Option C, but if you don't have one, or only have one that is years old, then you just write an explanation of why you have not been paying taxes in Canada. Showing your latest US tax report instead is fine.

2. If #1 is not an issue, can I apply to sponsor her while living in the US? If so, I've read from other posts that many have mentioned to send all the papers to Missauaga from Canada rather than the US because if it is done outland, you have to show proof/intent that you will be moving back to Canada (i.e. - family letters stating that you will be moving back). I understand the logic but just want to confirm.

Canadian citizens can sponsor a spouse while living abroad, so you can sponsor her while living in the USA. You will have to show proof that you will move back to Canada when your spouse gets the PR visa. You will be doing an outland application, and all forms will be sent to Mississauga.
However, 'outland' does not mean the sponsor is necessarily outside of Canada. It just refers to where the papers will be processed. The sponsor can be in or out of Canada, and the applicant can be in or out of Canada, and an outland application is still possible. "Inland" means the sponsor and applicant have to be in Canada.

3. Is there any value in obtaining a lawyer for this PR sponsorship process or have others done it themselves indicating it's not that complicated to fill out the paperwork as long as one is detailed and submits the paperwork on time?

If your situation is uncomplicated,a lawyer or consultant is not really necessary. Most of the people on this forum have successfully applied without a lawyer.

 

[sonicmoj]

Thanks very much canadianwomen for explaining all of this. I feel better about my chances to sponsor adequately. You mentioned that I will need show proof that I will move back to Canada when my spouse gets the PR visa. What kind of proof is needed? I don't have any RRSPs, own property, etc. I lived with my parents until I moved to the States to study and work and haven't been back since. My TN visa is a temporary work visa which implies that I will return to Canada. I wonder if that is enough proof.

Thanks.

 

[canadianwoman]

Think of what you will have to do to leave the US, and what you will have to do when you first get back to Canada with your spouse. Then write up your plan for moving back to Canada, and show any evidence you have.
So showing the end date of your US visa is good. Show plans to leave your home and move your things to Canada. Show where you plan to live in Canada - if your parents are going to let you stay there at first until you both get jobs, have them write a letter stating this. Enrolling in courses, or proof of a job search or offer in Canada can also be used.

 

[sonicmoj]

Thanks for the helpful suggestions.

 

[NBaker]

Here is an interesting article with statistics about the use of lawyers or consultants and the relative benefits or not for various immigration processes. For spousals especially the statistics are quite interesting. Perhaps something to help you consider what may be best in your circumstances.

http://www.thestar.com/news/canada/article/1143647--for-some-immigrants-a-lawyer-may-not-be-worth-the-money

 

[rjessome]

Here is an interesting article with statistics about the use of lawyers or consultants and the relative benefits or not for various immigration processes. For spousals especially the statistics are quite interesting. Perhaps something to help you consider what may be best in your circumstances.

http://www.thestar.com/news/canada/article/1143647--for-some-immigrants-a-lawyer-may-not-be-worth-the-money

Did you read this month's issue of Lexbase? This was an interesting anomoly compared to most of the other categories. Given some of the decisions I've read lately on Canlii, I doubt even Cecil Rottenburg could have gotten some of those couples approved!