TD visa to Permanent Resident in Canada

C

corluc

Registered Users (C)
Hi,

I'm a Canadian citizen working in USA on my second TN visa and got married this year. My wife got her TD visa from the USA embassy in Bulgaria and joined me here in USA coming straight from Bulgaria.

While being here in USA, she applied for her permanent residence in Canada and she will get her immigration papers for Canada soon. She wants to get her PR card as soon as she gets her immigration papers but we are not intending to move back to Canada permanently until my contract in USA is over (not soon!).

What's the procedure for her to get the PR card and then return to USA on a TD visa again? Do we need to surrender our I-94's when we enter Canada and ask for a new TN/TD visa when we return to USA? Can we return to USA the same day or she has to wait in Canada to get her PR card first? (we have a mailing address in Canada where the PR card will be sent.)

Thanks!
 
corluc said:
Hi,
What's the procedure for her to get the PR card and then return to USA on a TD visa again? Do we need to surrender our I-94's when we enter Canada and ask for a new TN/TD visa when we return to USA? Can we return to USA the same day or she has to wait in Canada to get her PR card first? (we have a mailing address in Canada where the PR card will be sent.)

Thanks!
Click to expand...


Land in Canada. While landing as a PR, they will ask for the address in Canada for the PR card to be mailed. Give that address. Enter Canada. While doing so, do not surrender your valid I-94. You can use this valid I-94 to re-enter the US on the same day even if your visa stamp in the passport has expired (this is called AVR). She does not have to live in Canada since the PR card will be mailed to the address mentioned while landing.
 
We are planning to drive together up to the border and there she will apply for her PR. The Canadian immigration law says that since I am the sponsor and working in USA I am allowed to sponsor her with the condition that at the time she becomes a PR in Canada I am living in Canada.

Do you think that the customs officer will ask me to prove that I live in Canada at that time?...and if that is the case maybe the Canadian customs officer will ask me to surrender my I-94 and her I-94 (so in this way we are showing our intention to settle in Canada). Anybody else had this experience before? Can you please share your experience here?

Thanks!
 
You are talling two separate issues. Cdn immigration does not care about i-94. They do however care about trying to commit immigration fraud. You live in US. The conditioon of her becoming a PR in canada is that you live in canada at the time.

since I'm not hearing you say that you are moving back to canada, I'm presuming that you are attempting to commit fraud.

Your I-84 is between you and US immig. You can get a new one every day if you wish.
 
nelsona,

I don't think he's intentionally trying to commit fraud. If you look back at the question, it is simply that - a question. If you think about it, he is just asking for procedure. He may say that his contract is not up soon, but "soon" might be the fact that he just started it. I realize that he doesn't say he's going back, but he doesn't say he is not.
 
nelsona,

simsd is right, I'm just trying to determine the right course of action, the best procedure for my wife to become a PR. I'm on an open contract now in USA (which means this contract might end in 6 mths or 1 year or more).

Once my wife will get her immigration papers she has to enter Canada in max. 6 months otherwise she loses her right to become a PR. What if my contract doesn´t end sooner than 6 months? I think she should be allowed to get her PR before my contract ends and then return to USA to live with me (the same day) until the end of my contract and eventually we will both move to Canada.

I simply want her to become a PR in Canada and get her PR card (without taking advantage of any benefits any Canadian resident has) and then once my contract in USA is over, we both will return to Canada. I don't think you can call this immigration fraud. My wife wants to become a PR and I applied for her as a sponsor so I don't see why she can not become a PR before the end of my contract?!

Anybody else had to go through the same experience?Could you please share it with us?

Thanks!
 
As you said, you need to be living in canada at the moment you sponsor her, and you admittedly are not. If you do not think it is fraud, then simply answer the CIC officer's questions truthfully, that you are are still living in US. saying one thing and doing or inrtending another is fraud, to me. perhaps not to you.

He will likely tell you to reapply when you are more sure of your intentions. Your other choice is to establish a home in canada and commute; not provide a phoney adress.

She is allowed to live with you in US on TD (which I trust she already has visa for, otherwise she can't come into US with you).

What you want and what is legal are not alays the same thing.

BTW, there are Cdn immigration sites; why not ask there.
 
nelsona,

Can you please suggest me any good Canadian immigration sites where I can ask the same question?

I posted here this question because it is related to TN/TD issues...on a Canadian immigration site it is not likely that this subject is very familiar to the users.

Thanks!
 
I would think that spousal immigration falls into 3 categoriues:
1) When Cdn is in canada and spouse is not
2) When Cdn and spouse are both in canada
3) When neither Cdn nor spouse are in canada.

You are in the 3rd category, whaich is quite common. As you know, the condition for 3 is generally that the Cdn be moving back to canada. Your TN status doesn't really impact this.
Try:
http://forums.serbinski.com/viewforum.php?f=6&sid=95c5f8f85c55b4eea5aa068337f01345

http://www.immigration.ca/discussion/
 
Thanks nelsona for the links,

1st category is the most common, 2nd one is not as common and the 3rd one is rare in my opinion, that's the reason I can not find anybody to share his/her experience with me regarding this subject. The fact that I am on a TN visa and my wife is on a TD visa makes it even more rare.

I hope eventually somebody will come up with a good advice on this website and sort this situation out! :)

Thanks!
 
This is a US immigartion site, so don't hold your breath. You simply haven't been looking on the correct websites. Forget about your TN status, you are simply a Cdn living abroad, by choice.

many Cdns living abroad marry and then wish to move back to canada with their spouses. there are straightforward and clearly elaborated procedures for these folks. What is making your situation complicated is your desire/need to circumvent these.
 
You must log in or register to reply here.
Top