Jump to content

2 posts in this topic

Recommended Posts

Filed: Timeline
Posted
I have some questions regarding maintaining Canadian and US permanent residency status for my fiance.


Here are the background facts, our objectives and some questions we have:


Background: My fiance

- My fiance is a non-US non-Canadian citizen.

- Between 2007-2011, she worked in US under US H1B status.

- Between 2012-2014, she worked in Canada under a Canadian work permit.

- In 2014, she received Canadian PR status under the Canadian Experience Class ("CEC").

- She has been offered a new job in the US, where she will be required to move from Canada to the US.

- The US company plans to file a cap-exempt H1B visa and simultaneously start the process to apply for a US employment-based PR on her behalf.


Background: Me

- I am a US citizen.

- Between 2012-2014, I lived and worked in Canada under a Canadian open work permit.

- In 2014, I received Canadian PR status as a dependant applicant of my fiance (who was the Principal applicant).

- If she accepts the job offer in the US, I will also move back to the US with her.


Our Objective: Maintaining Canadian PR

- Our objective is to maintain our Canadian PR status just in case we plan to move back to Canada.

- We understand that in order to maintain Canadian PR status, we will need to be in Canada 2 out of 5​ years.

- We plan to give the US job a try for 2.5 years and may move back to Canada if the job is not a good fit for her.


Questions

1) Are there any issues if my fiance has a Canadian PR and US H1B status at the same time?


2) Are there any issues if my fiance has a Canadian PR and undergoes the US employment- based PR application process at the same time?


3) Are there any issues if my fiance has a Canadian PR and a US employment- based PR status at the same time?


4) If my fiance is required to give up her Canadian PR status in order to take on either the US H1B or US PR status, will I be able to keep my Canadian PR, given that I was the dependant applicant and my fiance the principal applicant during the Canadian PR process?


5) If I am allowed to keep and maintain my Canadian PR in the 2 our of 5 years period, even if my fiance has to give up her Canadian PR, would I be allowed to move back to Canada and apply for a new Canadian PR for my fiance/wife under a spousal program?



Thanks!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...