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Wife H4 visa approved for USA after refusal for Canada.. re-apply info needed

Zayne

Member
Oct 12, 2012
15
0
My wife's application for PR to Canada was refused on section 4 not genuine and I chose not to appeal but instead to Re-apply. My wife's home country is Fiji
The good news is I was approved for a H2B work visa for USA because I had a job offer from a employer in America and my wife was also approved for a H4 visa for USA. I am a Canadian Citizen born and raised. Our American H visas are valid for 1 year and we have a 5 year extension option after and at that time my wife would long be a PR of America and be eligible for US citizenship lol.

We are thinking of re-applying to Canada in the near future but I have some questions beforehand :

1. How long before re-applying? (Canadian Citizen)
2. Which Visa Office would the file go to? USA Office or Consulate for Fiji in Australia?
3. Could my wife visit Canada from time to time from USA with me?
4. How long will the Re-applying take?


Thanks
 

opmama

Star Member
Sep 3, 2012
98
3
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
06-17-2013
AOR Received.
07-17-2013
File Transfer...
07-23-2013
I can't answer most of your questions about re-applying in Canada, but H-class visas in the US are temporary, so even if you are there for six years, it won't give your wife any automatic right to PR status or citizenship there. Also, if your long-term intent is to live in Canada, know that getting US citizenship invokes lots of tax implications (US citizens are taxed no matter where they live abroad, and the reporting requirements are getting more onerous).
 

Zayne

Member
Oct 12, 2012
15
0
Thanks for your reply


The reply you provided means nothing, I already know about the tax implications and a green card to US is not given easily. Thanks anyways


Anyone with any information please let me know Thanks alot
 

scylla

VIP Member
Jun 8, 2010
95,860
22,116
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
1. You can re-apply immediately. However you should make sure that either your circumstances have significantly changed or that you are able to provide additional evidence to overcome the reasons why your first file was refused.
2. You can ask for the application to be processed through the US as long as your wife has been admitted to the US for at least a year.
3. I think it's extremely unlikely your wife will be approved for a visitor visa given that she previously filed for PR and was refused. But you can certainly try.
4. The processing times for re-applying are the same as the regular processing times posted on the CIC web site.
 

Zayne

Member
Oct 12, 2012
15
0
scylla said:
1. You can re-apply immediately. However you should make sure that either your circumstances have significantly changed or that you are able to provide additional evidence to overcome the reasons why your first file was refused.
2. You can ask for the application to be processed through the US as long as your wife has been admitted to the US for at least a year.
3. I think it's extremely unlikely your wife will be approved for a visitor visa given that she previously filed for PR and was refused. But you can certainly try.
4. The processing times for re-applying are the same as the regular processing times posted on the CIC web site.

Thanks for your reply

Great that really helped, we will be living in Seattle so do you know the Visa Office for Seattle and Processing times for it? and yes my wife and I both have been approved for a 1 year stay in America
 

scylla

VIP Member
Jun 8, 2010
95,860
22,116
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Zayne said:
Thanks for your reply

Great that really helped, we will be living in Seattle so do you know the Visa Office for Seattle and Processing times for it? and yes my wife and I both have been approved for a 1 year stay in America
Check the CIC web site for processing times:

http://www.cic.gc.ca/english/information/times/perm-fc.asp
 

scylla

VIP Member
Jun 8, 2010
95,860
22,116
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Just to add... I believe the Seattle office has been closed and all files are now being processed through the Ottawa VO.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Zayne said:
My wife's application for PR to Canada was refused on section 4 not genuine and I chose not to appeal but instead to Re-apply. My wife's home country is Fiji

2. Which Visa Office would the file go to? USA Office or Consulate for Fiji in Australia?
Looking through your previous posts, you did file an appeal. Have you since withdrawn it?


Though you may select Ottawa to process the app, CIC could still send it to Sydney instead. They have done this to a few people who applied through country of residence and not of nationality.

And it isn't the Fijian consulate the app would go to, it is the Consulate General of Canada.
 

canadianwoman

VIP Member
Nov 6, 2009
6,200
284
Category........
Visa Office......
Accra, Ghana
Job Offer........
Pre-Assessed..
App. Filed.......
30-01-2008
Interview........
05-05-2009
Zayne said:
1. How long before re-applying?
Since CIC refused her application for a PR visa on the grounds that your marriage was not genuine, the longer you wait before reapplying (if you are living together) the better. So if you are planning to take the US job, go there and live with your wife for the year (or longer, if you want), then reapply for the Canadian PR visa. After living together for a year or more, the Canadian visa officer will be more likely to see your marriage is genuine, especially since if your wife`s goal was just to immigrate to a Western country through marriage, she would most likely just leave you once in the USA.

Keep all proof that you are living together in the USA: proof of cohabitation such as a joint lease or mortgage or the house in both names; utility bills in both names; joint bank accounts and credit cards; any other proof of joint finances; lots of photos; etc.