Canadian PR studying in US - sponsoring wife.

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nallathampy

Registered Users (C)
HELP: Canadian PR studying in US - sponsoring wife.

Dear fellows,

I am a Sri Lankan citizen recently got my Canadian PR, and very soon going to marry a Sri Lankan citizen. For the last nine years I have been an F1 student in the USA. I will be completing my PhD within the next one year. I am wondering what is the best choice for me to sponsor my wife for Canadian PR.

1) She can be with me in USA on F2 and file the application in Buffalo, where my application was processed.
2) I can take her to Canada on visitor visa (if possible) and apply from inside Canada.
3) I can file the application in Sri Lanka, unfortunately she has to wait in Sri Lanka.

Also, I want to know how should I show financial ability and the intention and eligibility to return to Canada upon completion of my studies. I have just registered a small Incorporated business on my name and it is making small revenue. In addition I have only my Research Assistantship to show as income. However I can show enough funds in the bank. Any help/advice/guide etc. is highly welcomed.

Thank you in advance. Nallathampy
 
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I strongly reccomend that you visit the CIC website and study the guide available to sponsor your spouse. http://www.cic.gc.ca/english/sponsor/out.html

First thing, as a PR you can only sponsor someone if you are living in Canada. Therefor the first option is out.

You can ask your wife to apply for visitor visa but under the circumstances it will most probably be rejected under the pretext that you can get PR in a few months why do you want to get visitor visa. So you can go for the second option provided your wife gets visitor visa. But if you take this route then let me tell you that your wife will not be able to work

I would advise you to go for the third option.

Following are the avg. processing time for spouse sponsorship in 2004:

Colombo - 4 to 7 months
Buffalo, USA - 9 to 20 months
Canada - approx 6 to 8 months

http://www.cic.gc.ca/english/department/times-int/05-fc-spouses.html

When sponsoring your spouse there is no minimum income requirement but it is always better if you have some kind of a job in Canada.
 
You can sponsor someone only if you had lived in Canada for atleast one year . So its 12 month s+ processing time in Colombo. I would suggest that you try a visitor visa to Canada. You may get it, especially the liberal govt's recent immigration reform for family category for parents and GParents. If she would qualify as a skilled worker by herself, get her on F2 and apply as skilled worker. However this a longer option since processing might take several years. It may be a good idea to get a Canadian visitor visa before marriage.
 
metaman said:
You can sponsor someone only if you had lived in Canada for atleast one year.
Click to expand...

Not true. There is no time restriction to sponsor a spouse or dependent child.
 
I contacted the attorney who filed my PR paperwork. Their firm replied that it is possible to sponsor her while I am continueing my studies in USA. However they refused to give me any detail, until I sign an agreement and pay the fees. So I feel the first option is still possible, but don't know how. When I read the guide from CIC it says, citizens can apply from outside. Hoever they also say that I should show that I have intention to return to Canada when her PR is granted. I am kind of lost in this part. I want to explore the first option very well. If it fails, I will go for the second. Worst case I can shuttle between US and Canada. Thank you very much for your advise, Kenny04 and metaman. I will keep this thread updated with what is going on with my case.
 
nallathampy said:
Hoever they also say that I should show that I have intention to return to Canada when her PR is granted. I am kind of lost in this part.
Click to expand...
This is mentioned in a separate place. SO I wonder whether this is meant for PR too or only for Citizens.
 
If I live outside Canada, can I sponsor?

"If you are not a Canadian citizen, you cannot sponsor if you live outside Canada.If you are a Canadian
citizen, you may sponsor a spouse, a common-law or conjugal partner, or a dependent child who has nodependent child of his or her own. You must reside in Canada when the sponsored person becomes a permanent resident."

http://www.cic.gc.ca/english/pdf/kits/guides/3900E.pdf (Page 13)

The above statement is taken from the official guide to sponsor spouse. I just cant understand how your lawyer can tell you that you can stay in US and sponsor your spouse. Read the guide and make your own decision.
 
Thank you kenny!

Thank you for the clarification. I will look into other options. I am thinking, if I should give a try with my lawyer. Since let me tell you one similar situation. When I applied for my PR I found that in order to apply I should have at least one year full time experience, but I still I do not have full time experience. However he said that part time experience can be shown as work experience and he did it. So I am wondering if he might know some other grounds in which I might qualify. What is your opinion on this?
 
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Attorney's reply & processing time clarification.

Today when I contacted the attorney to ask the possibility of sponsoring, he
has told that I have to exlusively reside in Canada to sponsor my wife. So my
question is when I looked up in application processing time, I see 32 days and 5 months in one page at http://www.cic.gc.ca/english/department/times/process-in.html

Kenny has mentioned some other time frame. Can someone tell me which is correct.
 
Few more questions.

I have few more questions. I will really appreciate, if someone can answer me.

Once I started residing exclusively:
**************************
Is there any minimum time frame that I should have lived before sponsoring?
Is there any minimum income that I should have in order to sponsor wife?
Is it possible for me to visit outside Canada during the application processing?
If I can visit outside, is there any time limit on how long I can stay outside?
Is there any documents that I need to show that I am exclusively residing?

Appropriate Regional Office
********************
In our case it will be either Colombo Sri Lanka or Buffalo, NY.
She has never lived outside Sri Lanka. Once we get married
there is a very good chance for her to come and stay with me
in USA as a dependent (F2 visa) of an international student
(F1 visa). I have few questions.

Is there any minimum residency requirement to apply in Buffalo, NY?
If we file the application in regional office, is it necessary to live in the
jurisdiction of the regional office during the entire application processing time?
Is it possible for her to come to Canada to visit or study during the
application processing time?
 
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