Simultaneous resident applications US/Canada

[Melibelle 10]

Hi all,

This is my very first post! (Is there a way to donate to Visa Journey? This is seriously one of the most useful websites I've ever seen.)

I'm currently in the process of filling out the paperwork for my Canadian husband to adjust status from TN to GC and have found out almost everything I need on this site, but had a question about filing for permanent residency in Canada. Is it possible to do this simultaneously? I ask because the timelines I've seen to get permanent residency in Canada seem really long (30 months for NYC office). My husband (acgh - it's only been 3 days. Hard to type that) is a freelancer in visual effects and tends to work contracts all over the place for several months at a time and there's a lot of work in his field in Montreal and Vancouver. While neither of us feels compelled to settle in Canada long term (he doesn't like the cold), I'm certainly open to spending some time there, but would like to be able to work and not worry about traveling back and forth if his contract happens to be more than 6 months. Given how long it would take for me to get the residency permit, I'm thinking I might want to start ahead of time. Is this even possible?

Thanks very much for any help!

Melissa

Edited May 17, 2014 by Melibelle

[NikLR 13,227]

Permanent residency rather makes it so you have to have your permanent home in one country or the other. I'm sure it's possible to chase both at the same time, but I'm not sure you'd be eligible to keep holding it if you're not in Canada more than you're out. Canada doesn't have the same moving restrictions that the USA does so you can apply within as well without the whole long process.

He can always apply for a re-entry permit if his work is taking him out of the USA for more than 1 year.

Also, within 3 years after he gets a green card, he can apply for citizenship based on his marriage to you.

[Bonnie&Bob 33]

You have to pick a permanent residence. You can't have both unless you are native. You could have applied for dual citizenship which takes a minimum of 5 years with your children born in the US or not qualify at all with just marriage link...but...Canada is trying to pass a new bill very soon that is trying to take dual citizenship away altogether. This means if you are born Canadian with dual citizenship but living in the US, Egypt, etc, that is where you stay. You are no longer a Canadian. Our lawyer told us this on Thursday because I wanted dual citizenship. I was completely flipped out.

[Lemonslice 4,838]

You have to pick a permanent residence. You can't have both unless you are native. You could have applied for dual citizenship which takes a minimum of 5 years with your children born in the US or not qualify at all with just marriage link...but...Canada is trying to pass a new bill very soon that is trying to take dual citizenship away altogether. This means if you are born Canadian with dual citizenship but living in the US, Egypt, etc, that is where you stay. You are no longer a Canadian. Our lawyer told us this on Thursday because I wanted dual citizenship. I was completely flipped out.

Find another lawyer... Also, it's impossible to "take away" dual citizenship; even in some countries where you have to have only one, some people end up with two, just from being born.

[NikLR 13,227]

The citizenship bill that has been proposed is about dual citizenship to those in the armed forces, not the every day Canadian.

http://openparliament.ca/bills/41-2/C-425/

Edited May 18, 2014 by NLR

[gad33 47]

There's quite a bit of mis-information in these replies.

Firstly, I don't know the time period for obtaining Canadian PR but the time scales seem right for those outside Canada where noone is a Canadian. Someone on this forum moving back to Canada with their American husband filed some sort of initial paperwork at the border. I'm sure some of the longer term members will remember more.

Regarding your non-USC husband going to Canada to work and maintaining his green card, much will depend on the US determining if he has set up residency in another country not the United States. Many people say you can be out for 6 months but it is not a number cast in stone and the legal profession will always say speak to a lawyer. But it is possible to apply for a reentry permit before leaving the US.

As for yourself, once you become a Canadian PR, you remain so all the time you are married to a Canadian Citizen even if you never live in Canada again.

[NikLR 13,227]

How can you be a Canadian PR if you don't live in Canada?

[NikLR 13,227]

If the US citizen is outside of Canada it takes from 30 to 120 days (the range that I've seen) for the Canadian side application, then another 26-30 months for the US processing side. If it's from within Canada it takes 6-12 months for the application side and 8 months for the US processing side. Which can be sped up with getting the FBI clearance ahead of time so I've heard.

http://www.cic.gc.ca/english/information/times/perm-fc.asp

Edited May 18, 2014 by NLR

[Lemonslice 4,838]

How can you be a Canadian PR if you don't live in Canada?

The rules to maintain your PR status are way way different - http://www.cic.gc.ca/english/helpcentre/answer.asp?q=727&t=4

Edited May 18, 2014 by Boston~Montreal

[Lemonslice 4,838]

If the US citizen is outside of Canada it takes from 30 to 120 days (the range that I've seen) for the Canadian side application, then another 26-30 months for the US processing side. If it's from within Canada it takes 6-12 months for the application side and 8 months for the US processing side. Which can be sped up with getting the FBI clearance ahead of time so I've heard.

http://www.cic.gc.ca/english/information/times/perm-fc.asp

The processing times are in months: http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp

[NikLR 13,227]

The rules to maintain your PR status are way way different - http://www.cic.gc.ca/english/helpcentre/answer.asp?q=727&t=4

Ah thanks. so just 2 years in a 5 year period. I don't think living in the USA counts as "travelling" but someone may misconstrue it that way. Interesting none-the-less so this may be a viable option for the OP.

Thanks again for the link.

[NikLR 13,227]

The processing times are in months: http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp

If the Canadian is in Canada and the spouse is outside the initial application, as per that website, is 47 days currently. I have seen it as low as 30 days and as high as 124, randomlly checking it: http://www.cic.gc.ca/english/information/times/perm-fc.asp

Spouse, common‑law partner or dependent child

44 days

Working on applications received on April 1, 2014

[Lemonslice 4,838]

If the Canadian is in Canada and the spouse is outside the initial application, as per that website, is 47 days currently. I have seen it as low as 30 days and as high as 124, randomlly checking it: http://www.cic.gc.ca/english/information/times/perm-fc.asp

Spouse, common‑law partner or dependent child

44 days

Working on applications received on April 1, 2014

Two step process... 44 days is the assessment of the sponsor, step two is the one that takes months.

[Lemonslice 4,838]

Ah thanks. so just 2 years in a 5 year period. I don't think living in the USA counts as "travelling" but someone may misconstrue it that way. Interesting none-the-less so this may be a viable option for the OP.

Thanks again for the link.

You can be outside for years if you are travelling with your Canadian spouse or in other circumstances (detailed on that link).

[NikLR 13,227]

You can be outside for years if you are travelling with your Canadian spouse or in other circumstances (detailed on that link).

I read it all.