Out of country application while spouce in canda

Canada Immigration Forum (discussion group)


 
       
Subject: Out of country application while spouce in canda
  Hi
I am in US on H1B visa and I have canadian PR for last little less then 3 years and i am planning to go to canada end of January on permanenet bases so that i can fulfill 2 out of 5 years rule in canada to continue my PR. Last year i got married and my wife came with me to US from India on a dependent visa.
WE applied and got a Visitor Visa for her to canada so that she can go with me to canada for now.
I plan to apply for her PR once i get into Canada.

Given this here is my question
1) Can i apply for her as soon as i get there.
2) Should i go for in or out of country applition. Since in country processing can be log and her visa is also only for 6 months i am leaning towards out of country processing. I can´t apply in US since it will less then 1 year since she is here therefore we have to apply in India for out of country as we are Indian citizens.
3) I believe you don´t need to show any income if you are sponsoring for wife (we don´t have any kids) as i haven´t filed any taxes there for last 12 months so can´t show that plus i don´t have good job lined up there for now. I did work and have good income from US for year of 2009 should i mention there where they ask for last 12 month income and taxes even though it is in US and not canada.
4) In out of country i.e if apply from India in the application they ask where the person being sponsored is since she will be in canada in tourist visa when i apply should i mention that. does it have any bad effect on application that since she is already in canada they put our case in back or take more time due to that.
5) It also says in India specific forms to submit police clearance up front from any country she lived more then 6 months since she has been in US for more then 6 months so i guess we will need to get that from here too. For US they ask for FBI finger print clearance. I have just applied for it but it can take 8-12 weeks to come back. Can we submit the application for now without that with police clearance from india and local state level police clearance form US (not FBI one) and send the other one later on or will they send the
application back since it is missing FBI clearance.
Anyone know that if you lack a supporting document weather they send you applicaion back as incomplete or ask you for the missing document. They do say to send complete applicaion on there website or under india/region
specific forms.
5) Has anyone been in same situation where they applied for out of country while there spouce was with them in canada on tourist or some other visa.

I would realy appriciate if anyone can provide some guidence or can share there experience.

[31-12-2009,12:09]
[**.78.242.14]
jassie
(in reply to: Out of country application while spouce in canda)
as a PR you are required to be living in Canada when you undertake a sponsorship.

Do not assume she will easily get a tourist visa. She will have to show significant assurances that she would return to India at the end of her visit.

to your questions
1) yes, but you will need to show your intentions to reside permanently in Canada.
2) Outland application is the best way to go. BUT that does not change YOUR requrements to be living in Canada during the sponsorship process.
3) again, your problem is going to be getting approval to sponsor without any concrete connections to Canada. get a job, place to live, family, whatever you need to show that you are now established in Canada.
4) she should have a mailing address in India. visitors do not reside in Canada - they visit Canada.
yes, your documents will come back incomplete


[31-12-2009,15:05]
[**.154.245.217]
Sharon
(in reply to: Out of country application while spouce in canda)
#3 CIC will your US Income.


Sometimes wanting to possess your cake and not sharing it with anyone else can make your belly explode.

THIS IS THE WOMAN YOU HAVE CHOSEN TO LIVE THE REST OF YOUR LIFE WITH. THINK!!!!!

Parting may be such sweet sorrow but the joy just a few more months with her return will be far sweeter than you could ever imagine.

Roy
www.cvimmigration.com

[31-12-2009,15:24]
[**.52.216.133]
Roy
(in reply to: Out of country application while spouce in canda)
Roy
Thanks for the reply but she already has visitor visa to canada. my question is if she is living with me in canada while i put a out of country applicaion for her does that hurt us in any way.

[31-12-2009,15:34]
[**.116.130.102]
Anonymous
(in reply to: Out of country application while spouce in canda)
no, but make sure she has a permanent address somewhere else.

and... I don´t want to scare you, but just because she has a visitors visa does not mean she will be allowed into the country if it appears she has intentions to stay permanently.

Be very careful.

[31-12-2009,16:10]
[**.154.245.217]
Sharon
(in reply to: Out of country application while spouce in canda)
Not really

Put her Indian address on the IMM 008 Schedule One form.

BUT.....CIC will know about your US Income and how long you have been residing there, paying US Taxes. IRS/Homeland Security and REV Canada/CBSA share INFO.

Processing times through India are extremely fast if all is in order.

ALL!

Best of luck

Roy
www.cvimmigration.com

[31-12-2009,16:23]
[**.52.216.133]
Roy
(in reply to: Out of country application while spouce in canda)
thanks for replies. i realy appriciate that.
sharon
She will have permanent address in india as my and her parents are still there and we still have residence in india.
In IMM 008 form they ask for Mailing address and Residential address. what should i put in those. In mailing address i can put our india home address but what should i put in her residence address, Canada address as she will be there but as she is on visitor visa there so is she a resident there or not just a visitor so her residence will be in india.
The only other issue with that i can see is that they also ask for where you have been in last 10 years out of country and in this case when i apply for PR and if it says she is in Canada at the time of application, so can you be in canada but have residence in india as you are on visitor visa here and can be anywhere so the residence address is also in india

[31-12-2009,17:32]
[**.116.130.102]
Anonymous
(in reply to: Out of country application while spouce in canda)
Anonymous 116.130.102

Keep doing this application by yourself.

DIY please DIY!

Immigration says you can do it yourself!

So believe! DIY!

Let us look at the facts based on your posting.

You are a Permanent Resident (PR) of Canada and never really resided in Canada just (using) the country! You have been working in the States for a little less then 3 years hmmmmmmmmm. RESIDENCY ISSUE MAYBE!

Now you want to sponsor your new spouse and bring her to Canada as a PR but you have never really resided in Canada!

Your wife is in the United States of America for less than a year hmmmm more then six months? If so she has to prove that she has no convictions in the US as well! Everyone should know that!

BUT DIY

POINT #2

Clearly shows that you have NO comprehension of Regulation 11!

BUT DIY!

POINT # 3

You probably have read some Internet sites and other forums and your right you do not need to prove an Income to Sponsor but what about IRPA 39!

BUT DIY

You have NO JOB and she probably has never worked! She has probably been supported by you and her Daddy so how will she survive without WELFARE? IRPA 39!!!!

BUT DIY

Point # 5 All applicants over 18 who have resided in any country for more then six months must submit proof of no convictions. Nothing to do with Indian specific forms!

So DIY!

So she has been in the States for more than six months, legally? NO!

Oh no problem she has a Canadian CVV Visitor Visa and she would only be intending to reside temporarily not permanently with her husband who is suppose to be a Permanent Resident residing in Canada. Not an issue at all with the CBSA Officer at the Port of Entry.

SO DIY!


You have had a good paying job in the US and your parents know her parents. Probably arranged marriage due to your ability to earn an income, education, family status, etc.

Can you not see that you have lots of hurdles to overcome?

I REALLY, REALLY WANTED TO BE MORE COMPASSIONATE IN 2010 BUT YOU SAID YOU WOULD REALLY APPRECIATE SOME GUIDANCE.

Sharon and I have given you guidance but I really do not think you are able to read between the lines enough so I feel it is my duty to be a little more 2009 me!

DUE TO THE FACT THAT YOU MAY HAVE BEEN BORN WITH A SILVER SPOON IN YOUR MOUTH MEANS SQUAT WHEN YOU HAVE ALREADY ABUSED CANADIAN RESIDENCY LAWS AND NOW WANT CANADIANS TO ACCEPT YOUR NEW WIFE AS A PERMANENT RESIDENT OF CANADA WHO MAY ALSO NEVER HAVE A DESIRE TO RESIDE IN CANADA JUST LIKE YOURSELF.

You have had a good paying job probably as an Internet Geek in the States and your too cheap to pay for quality Immigration advice.

Please DIY then come to me for the Spousal Appeal!

WHY DOES IMMIGRATION HAVE A SPOUSAL APPEAL PROCESS? IT IS NOT A MAKE WORK PROGRAM IT IS A SECOND AND FINAL CHANCE FOR DIY´s!

Roy
www.cvimmigration.com


[01-01-2010,08:26]
[**.52.216.133]
Roy
(in reply to: Out of country application while spouce in canda)
Hi,
I am in same your situation, I sent my wife to india, I moved to canada perminently, Sponsored her as out of canada application. It is faster than inside canada application.

Thanks

[01-01-2010,20:38]
[**.249.55.155]
123
(in reply to: Out of country application while spouce in canda)
TY 123

When most here from a person in the same situation it is very satisfying.

Roy
www.cvimmigration.com

[03-01-2010,09:15]
[**.52.216.133]
Roy
(in reply to: Out of country application while spouce in canda)
123
Is your case still underprocessing or is she here with you now in canada.
How much time did it take for you in processing.
What did you present as police clerance from US FBI clearance or local police clearance and did you send it with the application or later.
Did your wife face any problem/extra scrutiniy regarding the time spent in US.

[03-01-2010,10:43]
[**.116.130.102]
Anonymous