Hello everyone,
I'm a Canadian currently working in the states under a TN visa. Future plan will be to return to Canada in the near 2-3 years. My fiancée soon to be wife is living in Lebanon (Lebanese citizen). I have started to do some research on what I need to do to bring her to Canada but had some questions that Iâm hoping someone can answer. Currently my employer will pay for all expenses to bring my wife to the US, she would have to file for a dependent visa in the US corseletâs office in Lebanon and my employer will help with the paperwork and so on.. My question is should I bring her here to the US and then work on her papers for Canada or should I just work on the Canadian paperwork from Lebanon and don't worry about bringing her here to the US. the reason Iâm asking this is i was told the process to bring her to the states would not be that long vs. the Canadian process obviously due to the complexity. My objective is to reduce the time spent apart from each other.
No reason not to bring her to the States with you if your employer is willing to pick up the costs. I'd say about a year before you're reading to return to Canada - get going on the plan to bring her to Canada. This way she can process through Buffalo.
A lot depends on timelines & any changes in the next few years of course
Doublezee Wrote:Hello everyone,
I'm a Canadian currently working in the states under a TN visa. Future plan will be to return to Canada in the near 2-3 years. My fiancée soon to be wife is living in Lebanon (Lebanese citizen). I have started to do some research on what I need to do to bring her to Canada but had some questions that Iâm hoping someone can answer. Currently my employer will pay for all expenses to bring my wife to the US, she would have to file for a dependent visa in the US corseletâs office in Lebanon and my employer will help with the paperwork and so on.. My question is should I bring her here to the US and then work on her papers for Canada or should I just work on the Canadian paperwork from Lebanon and don't worry about bringing her here to the US. the reason Iâm asking this is i was told the process to bring her to the states would not be that long vs. the Canadian process obviously due to the complexity. My objective is to reduce the time spent apart from each other.
So it doesn't matter that she would be applying from the states even though she's not a citizen in the US ?
A couple of things come into play in this - if you're a Canadian citizen, you can apply to sponsor your spouse to Canada even while you're living abroad BUT you have to be able to prove that you intend to re-settle in Canada in order for your spouse to be approved for permanent status. So, you don't want to start the paperwork to bring her to Canada until you're ready to come back to Canada.
Secondly, to answer your specific question about whether it matters if she's a US citizen or not to apply through the States - no, it doesn't - but there are conditions that apply. If your spouse is initially given temporary status in the States that is valid for at least one year, she can be sponsored to Canada from the States . . . the processing will happen through the Buffalo, NY consulate. If she's not given status valid for at least one year on her initial entry, her application will be processed through the embassy in Damascus - but that doesn't mean she has to go back there. She can stay in the States as long as she has valid temporary status there . . . Immigration Canada doesn't care about that. That's US Immigration territory. The one thing is, though, that if an interview is required as part of her Canadian application process and her application is being processed through Damascus (as opposed to Buffalo) she will have to travel there for the interview. So, trying now to get her temporary status in the States that's valid for at least one year is probably worth the effort.
Basically what I'm trying to say is, I agree with DerbyGirl, if your employer is willing to help your wife get temporary status in the States so you can be together, then that's a good thing. Then, when you're making your plans to come back to Canada in a few years, you submit an application to sponsor her for permanent residence, showing proof of your intention to return to Canada, and then you come to Canada together when she gets her permanent resident visa. Just to give you an idea of how far in advance you should prepare - the process through Buffalo currently takes 5-10 months overall (including the sponsor's approval from within Canada). If she's processed through Damascus, it's comparable . . . 5-8 months. Those timelines do change periodically, so there's no guarantee they will be the same 2-3 years from now, but you'll have time then to look into what they are and plan accordingly.
I see what you mean now, thanks for the info you guys! I appreciate it!
Just to add to that, Iâm wondering how someone would prove that they will be returning to Canada, would this proof be like a letter from an employer saying such and such is going to be transferred back to Canada on a specific date or ( in the upcoming year).. Is there guidelines? Owning a home? And Iâm asking this due to the fact that I own my house in Ottawa but I still work in the states would that classify me as still resident in Canada?
My impression is that the proof of returning to Canada is not something that is scrutinized all that closely, that it is more or less showing a sincere intention of returning that suffices. The more proof the better of course, but particularly where you own a home in Canada and you affirmatively state your intention to return (having kept the home being, in itself, evidence that though you were away you intended to return), you should be okay -- remember, this part is about you qualifying to sponsor, not about whether PR itself should be granted.
As for whether you are a resident of Canada by virtue of owning your home here: residency is determined by the totality of ties one has to a particular place, and it is usually (but not always) in the place where the person usually sleeps and spends the majority of their time. Owning a home in Canada is one factor. Renting or owning elsewhere another factor. Where you physically do your work is a major factor. And so on.