Sponsoring American Husband?

[CANwifeinUSA]

Hi everyone. I'm a Canadian citizen that has been living in the US with my husband for almost 3 years now, 2 of those as a PR through a spouse visa. My husband is an American citizen but we are thinking of moving to Canada next year. We have one child that was born in the US. I have a couple questions.

1. I'm a homemaker. Would this affect my ability to sponsor my husband since he is the one who works? He will be attending school using the GI Bill which allows us a small monthly income. I read the sticky on the forum and think it said they may make an exception as long as we have some income. We also have a place to stay lined up through family.

2. I believe our daughter is a Canadian citizen because I am her mother even though she was born in a different country. Is this true or will we need to apply for a visa for her as well?

3. Although this is a Canadian immigration forum, I was wondering if anyone had experience with leaving the US for extended periods of time on a PR spouse visa? I'm concerned if I leave the US for a few years I will not be able to return and reside here but I'm not sure how true that is.

Thank you for your time!

 

[scylla]

1. Shouldn't be a problem.
2. She is very likely a citizen. Were you born in Canada? You'll need to apply for a citizenship certificate. This takes time. Start now: http://www.cic.gc.ca/english/citizenship/proof.asp
3. Yes - leaving the US for extended periods of time voids your green card status. Once you are gone a year or more - your green card status is effectively lost. I would recommend that you join this US forum for more information: http://forums.immigration.com/forum.php

 

[CANwifeinUSA]

Okay, thank you very much! I was born in Canada, sorry for not making that clear. I know it's far from guaranteed but I'm very excited to be able to move home!

 

[Alurra71]

Based on what I understand, if you leave the US for more than 6 months you can loose your "green card". The US is very strict on their residency requirements compared to Canada. The US requires you to live in the US for 6 months of each calendar year where Canada only requires 730 days in 5 years time period.

Sponsoring your husband to move to Canada should be quite straight forward for you. The only thing I see posing an issue would be the monetary thing. While there is no income requirement for spousal sponsorship they will want to know how you plan to take care of yourselves once re-established in Canada. For this, you can include any family help you will be receiving, I.E. You will live with your parents until employed, and also include an outline of what your husband is studying and maybe a job outlook in that chosen field in Canada.

You daughter should be a Canadian citizen. You will want to apply for her certificate of citizenship ASAP so it's available when you being your paperwork for your husband. She will not need be included for an immigration visa as she is already Canadian.

 

[CANwifeinUSA]

Sorry for another question. How long does it usually take to process and get approved for a spouse visa if we apply out of Canada? We've been married for 2.5 years and never lived apart. I know times can vary but I was just hoping for an estimation. Thanks!

 

[canuck_in_uk]

Sorry for another question. How long does it usually take to process and get approved for a spouse visa if we apply out of Canada? We've been married for 2.5 years and never lived apart. I know times can vary but I was just hoping for an estimation. Thanks!

As an American, his app would be processed in CPP-Ottawa. Right now, it's averaging around 8-10 months for straightforward apps.

 

[CANwifeinUSA]

I'm sorry for all the questions and I'm sorry if they're really dumb! I'm trying to read all the info on the CIC site but it's confusing. Would we need to stay in the US the whole time after applying or would we be able to move up to Canada right away if we have a place to stay lined up?

 

[Alurra71]

Yourself and your child can 'move' back to Canada at any time, however your husband may only 'visit' with you. At no point should he ever say to CBSA he is moving to Canada.

He will not be able to work or study in Canada while you wait for his PR application unless he already has a work/study permit, so choose carefully about where you wish to be while you wait this out.

 

[CANwifeinUSA]

Okay, thank you! I know I probably sound very naive about all of this so I'm trying to learn about the whole process. So, we should apply ASAP I guess since it takes so long. Thank you all again!

 

[CANwifeinUSA]

Sorry, another question! Is it possible for us to "visit" and apply while in Canada? And if so, would we then stay there until approved?

 

[blueangel371115]

Sorry, another question! Is it possible for us to "visit" and apply while in Canada? And if so, would we then stay there until approved?

As far as I know you can, as long as the CBSA officer says you can. It's up to their discretion whether or not to let you in each time you cross into Canada. But I am going to attempt to visit through the process.

 

[CANwifeinUSA]

But if my husband was to "visit" he wouldn't be able to stay?

 

[MilesAway]

If he applies outland, then he can be anywhere he wants. However, he needs to remain legal in Canada if he is in Canada. That means he would need to apply to extend his stay. He can't simply stay there for more then 6 months.

If he applies inland (not recommended, because it's much longer), then you can only do that once you are in Canada, and he is supposed to stay in Canada for the whole time (which could take up to 2 years). He would be eligible for an Open Work Permit after stage 1 approval (currently about 11 months).

Also note that if you apply outland and you are still in the US, you'll need to include proof of your intent to return to Canada.

 

[CANwifeinUSA]

Okay, thank you so much for the response! You have been very helpful! We have decided we will be applying in January!