Wife Sponsorship/TRV to get her temporarily into Canada while PR is processed

[fyasin]

Hi All,
I am in a unique situation and need help. I am a Pakistani national, got PR for canada in jan 2010. Went back to Pakistan and got married in october 2010. My company transfered me from pakistan to our USA office in March 2012. They also sponsored my wife so i have an L1 and she has an L2 company transfer visa. We are both in USA right now. Now my company has agreed to transfer me from USA to Canada office. since Jan 2010 i have so far only lived in Canada for 45 days so my minimum 2 yrs living in Canada is mandatory from Feb 2013 onwards otherwise PR will not be extended. Thats my understanding. I applied for my wife's TRV so that i can take her to canada with me from US and her visa application was refused with the explanation that she will not leave Canada. Also my wife is pregnant expecting baby in USA in March 2013. All of this complicates things. I see the following options for myself for which i need adivice:

- Re-apply for her TRV and show stronger ties to pakistan that will prove she will return to pakistan after TRV time finished. Once she gets it then we move her to canada, she delivers the baby in canada and gets her status changed.....i know this is very remote chance since once her TRV has already been rejected. Also in this case will she be in trouble once she applies for PR from within canada. CIC is getting stricter these days. Also can i show Dual Intent or for that its mandatory to apply for PR first ?

- I move immediately to Canada right now, apply for her PR sponsorship while she remains in USA. I read from other posts that it took some people 4 - 5 months only to get the entire PR sponsorship process done for their spouses in USA via buffaloo office....can someone reconfirm this ? And she will deliver the baby in USA...i wont have medical insurance in USA since my company has transfered me to Canada so baby delivery is expensive.

- I move to Canada in march 2013 after my wife delivers baby here. In this case our company will cover medical expenses in USA but i am risking my PR renewal since i am at the verge of getting it expired because of the 2 yr limit. In this case i want to know can i stay in Canada from March 2013 to March 2015 (One month more than my PR card expiry) and then apply for PR renewal and still get it , in this case i stayed for 2 complete years in canada but these 2 years were slightly outside the 5 year window of my PR card i.e. 1 month outside. Will this work ?

Pls advise asap as my time is limited.

Regards

 

[scylla]

You can certainly try to apply for the TRV again. Although I think it will be difficult to show strong ties to Pakistan given she's living in the US and her husband is a Canadian PR. The dual intent argument may work if you have already applied for PR.

Processing of US based sponsal sponsorship applications has slowed down since Buffalo was closed and the files were moved to Ottawa. I don't think 4-5 months is happening any more. I would assume it's going to be more like 8-12 months.

 

[fyasin]

Thanks for the reply. Can you also advise on the following:

- Do you think when i move to Canada i should apply for my wife's sponsorship while she is in US on an L2 visa (valid for 3 years till 2015) OR should i send her back home to Pakistan and apply from pakistan. I have heard from everyone that processing in Pak can take upto 2 years whereas in US it is significantly faster.

- Do you think legally i can even apply for her sponsorship while she is in USA (not her home country ???). I dont want her immigration application be rejected so thats why i wanted to check.

- Also while her application is in process in USA i am assuming she can come to Pakistan for some time while the application is processed in the background in USA...correct ?

 

[suenim]

Applicants for Permanent Residence:

You must select the visa office that serves your country of nationality or the country where you have been legally admitted for at least one year. So if the second part of the statement applies to her, then she can apply via the US.

Thanks for the reply. Can you also advise on the following:

- Do you think when i move to Canada i should apply for my wife's sponsorship while she is in US on an L2 visa (valid for 3 years till 2015) OR should i send her back home to Pakistan and apply from pakistan. I have heard from everyone that processing in Pak can take upto 2 years whereas in US it is significantly faster.

- Do you think legally i can even apply for her sponsorship while she is in USA (not her home country ???). I dont want her immigration application be rejected so thats why i wanted to check.

- Also while her application is in process in USA i am assuming she can come to Pakistan for some time while the application is processed in the background in USA...correct ?

 

[fyasin]

Thanks for your response. The only thing that worries me is that her L2 visa in USA which is valid for 3 years is dependent upon my L1 visa in USA that is also valid for 3 years (till 2015). however do you think the immigration officer can reject the spousal application on the basis that why is she residing in USA on an L2 dependent spouse visa when the spouse is actually doing a job in Canada on a PR and that she should be in her home country ? I know that a lot of people who work for companies like mine who have offices in both USA and Canada get L1 and maintain US work permits since they have to frequently travel to USA for work and meetings, that is also my case and thats why she is able to legally live in USA. However i wanted to make sure if you have an opinion in this regard. Perhaps i can get a letter from my company which explains the situation.