Sponsoring Wife’s PR while in US.

[newark]

Hi
I got Canadian PR last year after entering into Canada i came back to US. I am working here on H1B.
I am planning to move back to Canada on permanent basis sometime next year so that i stay there for 2 out of 5 years and don't lose my PR. I have a question if i get married in India and bring my Wife to US on H4 visa can I apply for her immigration to Canada from US. How long do I need to wait before I can apply from US. Where can I find more information about this online or somewhere else. If I can't apply from US and need to be in Canada when I apply then how long do I need to wait before I can apply, do I need to wait until I file my first tax return to show proof of income. In the meanwhile can she accompany me to Canada on Visitor Visa and later on go to India to get her PR visa stamped once its approved.
Any information on this deeply appreciated.

 

[Leon]

Re: Sponsoring Wife's PR while in US.

You can't sponsor somebody to move to Canada unless you are living there yourself. If you are only sponsoring spouse, no kids involved, you don't have to prove income. You can bring your wife to Canada and apply inland but in that case, she will have to stay there. If she leaves while the application is in process, she might not be able to get back in. When she gets her PR, she doesn't have to go to India to get it stamped, just to the border. If you apply outland, you probably would have to apply through India and in that case she could visit you as a tourist for however long the tourist visa is but she would have to get correspondance from immigration to India and interviews and other stuff there.

 

[newark]

Re: Sponsoring Wife's PR while in US.

Leon
Thanks for quick reply. There are no kids involved so i don't need to show any income which is good. Now in case she get's visitor visa and accompany/enter canada with me in that case can i apply inland processing for her. If yes lets say she gets visitor visa for 6 months and the inland processing takes more then 6 months in that case can she stay there for longer then 6 months until she gets her PR if not then i guess she has to go out of country then what will happen to inland processing. Ofcourse we can try to extend her visitor visa from with in canada but i am not sure if it is easy to do so or not i.e what is the sucess rate of that. Is there any provision which allow a person to stay in canada beyond there visa limit untill there case is decided.

 

[Leon]

Re: Sponsoring Wife's PR while in US.

Once you apply for inland, they will not deport her while her case is being processed but that is the problem with leaving, if she were to leave and her visa had expired, she might not be able to get back in. After some months of processing, she should be able to get a work permit while you wait for it to get finalized.

 

[newark]

Re: Sponsoring Wife's PR while in US.

Leon
Any idea how much time it take in general for inland processing of case. Is it 4-6 months or more.

 

[Leon]

Re: Sponsoring Wife's PR while in US.

I have heard it can take a year to apply inland. She might have a work permit after 9 months maybe.

 

[olusolalekan]

Re: Sponsoring Wife's PR while in US.

Newark,

If you have an address in canada and have landed before, all you have to do is apply for your wife through buffalo (provided your Canada PR is valid). Your wife is the applicant and you are the sponsor. Buffalo will want to know if she is in the US legally and the answer is yes I assume. Processing time for spouse through buffalo is 5-8 months on www.trackitt.com

The only problem with this strategy is that if buffalo requires the sponsor to have a job or source of income in canada. Then you may have to go to Canada before applying. Even in that case, I would recommend applying through buffalo because she would still have a valid H4 (my wife have an H4 too). Buffalo is very fast with family class and especially spousal application.

 

[newark]

Re: Sponsoring Wife's PR while in US.

olusolalekan
I heard that wife needs to be in US for one year before i can apply for her. Is that correct. If i get married in december this year and she comes here in january then how long do i need to wait before i can apply for her PR from here one year or immediatelly.
If i have to wait for year then that could be a problem as i need/planning to move back to Canada sometime middle of next year otherwise i will not be able to fulfill my 2 out of 5 year commitment and will lose my PR.
There is also problem of showing income in canada while in US as you mentioed too.
YOu said that you have applied for your wife and she is in US on H4 so i persume you are in US too on H1. Have they asked you for proof of income in Canada so far and if they do ask later on how that kind of situation can be handled.

 

[olusolalekan]

Re: Sponsoring Wife's PR while in US.

newark,
My wife has been in the US for 4 years though.

I didn't notice that your wife is not yet in the US.

If she can get into a school. Even a small school, she could apply for student visa from the US. You will then apply inland when you get there.