Working in the USA during Outland Sponsorship

[ankk]

Hi there,

My Canadian wife and I (from USA) filed for Permanent Residency in December 2014. What we are wondering is whether we can both move to the USA during the processing time to work (a year or more). We realize she would need a work visa, but want to make sure that moving to the States wouldn't have any affect on our application.

Thank you in advance.

 

[rhcohen2014]

there are 2 ways this can affect your application (that i see anyway):

cic will want substantial proof of your plans to reestablish yourself and settle with your wife in canada UPON approval. This means 1) they will probably ask for proof of your plans, which can cause a delay in processing. 2) if they see your plans are specified for a time in the future, that does not line up with their timeline for approving you, your application can be rejected. We have seen a case recently where this exact situation happened. the couple's "plans" were too far in the future for CIC, because the couple was basing their information on the stats listed for Ottawa on the website, not on how long it actually takes to process spousal applications today.

so it's best to convince them you have IMMEDIATE plans to move back to canada, and leave any time frames out of it. do not mention the 1 year timeline in your application (and assuming they know how long your visa is for, make sure to appease them you will move immediately upon approval). If you can accomplish this, then there shouldn't be any issue with approval (assuming the rest of the application is straightfoward).

how long does it take to get a work visa in the US? it may not be worth it considering US applicants are being processed in 6 months. it's very likely by the time she is approved to work in the states, it'll be time for you to move back because of your approval.

 

[ankk]

Thank you for your reply.

We submitted our application before considering moving to the States to work, so none of this was included in our application.

Would they know if my Canadian wife started working in the States?

The US work visa that we were looking at is called H1-B. Which has an expedited option that cost an additional $1200 to have an answer in 15 days.

 

[rhcohen2014]

Thank you for your reply.

We submitted our application before considering moving to the States to work, so none of this was included in our application.

Would they know if my Canadian wife started working in the States?

there is a possiblitiy, no one can tell you for sure. you will just have to wait and see what happens.

 

[saria1]

there are 2 ways this can affect your application (that i see anyway):

cic will want substantial proof of your plans to reestablish yourself and settle with your wife in canada UPON approval. This means 1) they will probably ask for proof of your plans, which can cause a delay in processing. 2) if they see your plans are specified for a time in the future, that does not line up with their timeline for approving you, your application can be rejected. We have seen a case recently where this exact situation happened. the couple's "plans" were too far in the future for CIC, because the couple was basing their information on the stats listed for Ottawa on the website, not on how long it actually takes to process spousal applications today.

so it's best to convince them you have IMMEDIATE plans to move back to canada, and leave any time frames out of it. do not mention the 1 year timeline in your application (and assuming they know how long your visa is for, make sure to appease them you will move immediately upon approval). If you can accomplish this, then there shouldn't be any issue with approval (assuming the rest of the application is straightfoward).

how long does it take to get a work visa in the US? it may not be worth it considering US applicants are being processed in 6 months. it's very likely by the time she is approved to work in the states, it'll be time for you to move back because of your approval.

I mentioned timelines in my application. Time will only tell if it negatively affects their decision or not :-\

 

[rhcohen2014]

I mentioned timelines in my application. Time will only tell if it negatively affects their decision or not :-\

every application is unique. what is written and how it is presented is open to the interpretation of the officer(s) reading it, so even though another application had this negatively affect them, it doesn't mean all will. i'm sure there are plenty of files that get through no problem with timelines presented.

 

[saria1]

every application is unique. what is written and how it is presented is open to the interpretation of the officer(s) reading it, so even though another application had this negatively affect them, it doesn't mean all will. i'm sure there are plenty of files that get through no problem with timelines presented.

I realized that the emails I supplied showing intent referred to summer 2016, but then I stated in the section to "describe your plans" once PR was established we would sell our home and if it took too long, then we would have to put it on the rental market and move. Our intent, that I didn't make clear was a window of time with the summer of 2016 being my absolute deadline. I hope they determine that themselves, and if they question it, then they'll at least inquire in an email. :-\

No sense in stressing, it's out of our hands now. If we're denied, we'll just immediately resubmit. I guess thats all you can do :