Sponsoring my Wife (US GreenCard Holder)

[sa3dos]

Currently deciding whether:
Option A: Wife enters Canada as visitor using GreenCard, Get Married in-Canada & Apply In-land
Option B: Get Married in-USA, Wife enters Canada normally via GreenCard then Apply In-Land
Option C: Get Married in-USA & Apply Out-Land (Wife stays in Canada and travel to US for interview)

Per cic.gc.ca:
Processing time Out-Land US Applications (New York / Los Angeles) is 34 days (Stage 1) + 22 or 26 months (stage 2 depending) ~23 to 27 Months Total
Processing time In-Land Applications: 11 Months (Stage 1) + 8 Months (Stage 2) ~ 19 Months Total

Questions:
1. Is my calculation correct (Options A & B ~23 to 27 months) and (Option C ~19 Months) - Is it possible that my colleague at work completed Sponsorship application for his wife (who arrived as visitor to Canada from Syria, got married in Canada) and received her PR in only 11 months?
2. Wife plans to study university/college upon arrival: will the wait time means she can only apply as an International Student (pay International hefty fees?)
3. Since she has a US Greencard, can we travel in/out of Canada during processing times for vacation?

 

[Rob_TO]

1. Is my calculation correct (Options A & B ~23 to 27 months) and (Option C ~19 Months) - Is it possible that my colleague at work completed Sponsorship application for his wife (who arrived as visitor to Canada from Syria, got married in Canada) and received her PR in only 11 months?

Your outland calc is not right. All US resident applications are processed through the CPP-Ottawa office. These days the average time for CPP-O is in the 8-10 month range.

She would only see US city visa office times, in case there were red flags in your application and they wanted to do an interview in the US. In vast majority of cases interviews are not required for US applicants.

2. Wife plans to study university/college upon arrival: will the wait time means she can only apply as an International Student (pay International hefty fees?)

If she wants to study before getting PR, then the only way is to get a study permit and pay full international tuition fees.

3. Since she has a US Greencard, can we travel in/out of Canada during processing times for vacation?

She should only travel outside Canada with an outland application.
If she applied inland and left the country, if for any reason she was denied entry back to Canada the entire application is cancelled.

In general, for US residents it's almost always the better choice to apply outland. You could get married in US or Canada, doesn't make a difference. Most likely she would have full PR status, in around the same time it would take for just stage 1 of inland.

 

[MapleLeafBride]

Your wife - is she American? If she is, her application will actually go to CPP-Ottawa, providing it's a straightforward case. In this case, outland should be much faster than inland. New York and LA are for complicated cases. Plus she can travel back to the US easily with an outland application. You can't really compare your case to your colleague's since your spouses are from different countries that have different visa offices.

My guess is she would be considered an international student until she gets her PR. You might want to contact the university she is interested in to see if they have scholarships that may help with tuition.

 

[Rob_TO]

Your wife - is she American?

Actually OP will need to advise. If she has a green card, she is not a US citizen.

Instead of CPP-Ottawa, the application may need to be processed at visa office based on her citizenship.

 

[sa3dos]

Great inputs, but let me clarify her situation:

Actually OP will need to advise. If she has a green card, she is not a US citizen.
Instead of CPP-Ottawa, the application may need to be processed at visa office based on her citizenship.

She is a US GreenCard Holder, Sub-Category: "Based on Refugee Status" - her original/current citizenship is Iraqi.
Given the unstable political situation of that area, submitting an Outland application with a processing office in there will not be possible.

Our preferred choice would obviously be based on 1. have freedom to travel on vacations and 2. least processing time

Question would then be; will her Outland application be submitted to/processesd by NY/LA? or Ottawa? Since visa processing times is significantly different between the two Ottawa (8-10 months) and NY/LA (22-26 months), we might opt for Inland rather than NY/LA (and cross fingers its completed in less than 19 months

 

[screech339]

I may be wrong here. I suspect the American citizens will go to Ottawa. Green Card holders go to NY/LA.

Any thoughts here as to whether I'm wrong or not.

 

[Ponga]

Sounds like Inland is the way to go???

 

[Rob_TO]

will her Outland application be submitted to/processesd by NY/LA? or Ottawa?

100% of US applications for US citizens (or people that CIC deems to be qualifying US residents), initially go to CPP-Ottawa office. They are never sent to NY/LA initialy. Apps are only sent to NY/LA if there are red flags in the case and an interview will be required or perhaps other eligibility issues.

See here: http://www.cic.gc.ca/english/information/offices/apply-where.asp , and you'll see all USA PR apps go to CPP-O only.

However the risk you run with outland, is that the choice of office that the app is processed at, is really up to CPC-Mississauga. Even though you would select CPP-O directly on the application, and they should send the app to CPP-O based on her residency/green card, but there have been cases of green card holders having their apps processed based on their citizenship. So if this happened in your case, she would be processed through Amman, Jordan. Though I believe the chance of this happening is low, but it's still a risk you need to consider.

If you decide to go with the inland app, then you should be prepared to not leave Canada for ANY reason whatsoever (including vacation) for the full inland processing time of around 19 months. Any trip outside of Canada, and you run the risk of being denied re-entry and having the entire app cancelled.

 

[sa3dos]

If you decide to go with the inland app, then you should be prepared to not leave Canada for ANY reason whatsoever (including vacation) for the full inland processing time of around 19 months. Any trip outside of Canada, and you run the risk of being denied re-entry and having the entire app cancelled.

Rob, wouldn't this be only applicable to those who have "1 Entry Visa" to Canada because only then they will need to re-apply for another Visa (risk it may not be accepted). I think of the GreenCard as a "Multiple Entry Visa" wouldn't you say?

 

[Rob_TO]

Rob, wouldn't this be only applicable to those who have "1 Entry Visa" to Canada because only then they will need to re-apply for another Visa (risk it may not be accepted). I think of the GreenCard as a "Multiple Entry Visa" wouldn't you say?

The problem is, entry into Canada is never 100% guaranteed. Even if one has a multiple-entry visa or is visa-exempt, depending on the immigration officer you get one could possibly be denied entry, and this would cause the immediate cancellation of an inland app.

Being visa-exempt or having a multiple-entry visa definitely reduces the risk, and many inland applicants do travel out of Canada for short periods of time, and get back in with no problems. But the risk is always present even if small, so just be aware of it.

 

[Tilikun]

Can a US permanent resident become a canadian PR ? Wouldn't she try to become a us citizen first ? Just curious if it is possible to be PR in 2 countries .

 

[Rob_TO]

Can a US permanent resident become a canadian PR ? Wouldn't she try to become a us citizen first ? Just curious if it is possible to be PR in 2 countries .

Canada doesn't care if you hold PR status elsewhere.
However if you wanted to keep both US and Canada PRs, you would need to fulfill residency obligations to maintain PR status in both countries.

 

[Ponga]

Normally, a PR would need to live in Canada for at least 730 days ( 2 years) out of every five, but...since she is a US Green Card holder, that's a problem for her. The US Green Card residency requirements are to be in the US for 6 months out of every year.

However...a Canadian PR can live abroad and have that time `outside' of Canada still count towards their residency requirement of 730 days, as long as they are accompanied by their Canadian citizen spouse or partner.

I only found this information yesterday
http://www.canadavisa.com/canada-immigration-discussion-board/are-my-days-counted-as-full-if-i-live-outside-canada-with-a-canadian-spouse-t183740.0.html

The days outside of Canada would NOT be counted towards the days required for Canadian citizenship...only maintaining PR residency requirements.

 

[screech339]

Normally, a PR would need to live in Canada for at least 730 days ( 2 years) out of every five, but...since she is a US Green Card holder, that's a problem for her. The US Green Card residency requirements are to be in the US for 6 months out of every year.

However...a Canadian PR can live abroad and have that time `outside' of Canada still count towards their residency requirement of 730 days, as long as they are accompanied by their Canadian citizen spouse or partner.

I only found this information yesterday
http://www.canadavisa.com/canada-immigration-discussion-board/are-my-days-counted-as-full-if-i-live-outside-canada-with-a-canadian-spouse-t183740.0.html

The days outside of Canada would NOT be counted towards the days required for Canadian citizenship...only maintaining PR residency requirements.

An US PR (Green Card holder) can maintain his/her US green card obligation so long as the spouse is Canadian and living in US with PR.

If the spouse is a PR, then this will be a problem for Green card holders who gotten Canadian PR.

Screech339

 

[Ponga]

An US PR (Green Card holder) can maintain his/her US green card obligation so long as the spouse is Canadian and living in US with PR.

If the spouse is a PR, then this will be a problem for Green card holders who gotten Canadian PR.

Screech339

Yes...that's what I said

The Canadian sponsor must be a Canadian citizen, for this `option' to work.