Tourist visa for spouse while waiting for NVC interview?

[optimusprimenumbe 0]

Hey Guys, I am a US citizen with a spouse (IR-1) that is still waiting for an interview. Would it impact my case at all if she went to Canada on a visitor visa and we spent 5 months in Canada together? I work a remote job so i wouldn't have a problem. 

[Boiler 46,242]

Nope, just make sure you are back in the US by the time of the interview so they can be no misunderstanding by the Consulate.

 

Having typed that, how would they know where you are.

[JeanneAdil 6,686]

Please do a timeline

[Mike E 11,742]

1 hour ago, optimusprimenumbe said:

Hey Guys, I am a US citizen with a spouse (IR-1) that is still waiting for an interview. Would it impact my case at all if she went to Canada on a visitor visa and we spent 5 months in Canada together? I work a remote job so i wouldn't have a problem. 

5 months out of the USA might make someone question if you have US domicile, whether it is the US consulate evaluating your I-864 or CBSA evaluating how someone can spend 5 months in Canada working without a work visa.  
 

On a positive note, spending 5 months together improves your evidence of bonafide marriage. 

[Boiler 46,242]

I was going down that road and then remembered reading that Canada does not have an issue with remote working when visiting, I assume that is right.

[Mike E 11,742]

17 minutes ago, Boiler said:

I was going down that road and then remembered reading that Canada does not have an issue with remote working when visiting, I assume that is right.

Not seeing that exemption in https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/need-work-permit-work.html

 

If OP is a “highly skilled worker” then OP can work 30 consecutive days without a work permit. 
 

OP can apply for a work permit.  
 

This all assumes OP isn’t a Canadian 

Edited January 1, 2022 by Mike E

[Loren Y 2,756]

Been many years since I witnessed it done, but from my understanding you can apply and get a work permit for Canada when you cross at the border. This was an overland crossing, not sure about if you fly in.

[Boiler 46,242]

Probably a TN Visa which is possible but not likely here.

 

I was not thinking of a work visa, and forget where I read this.

[Mike E 11,742]

A TN visa would be for a longer term than 5 months.  Work permit is appropriate.  Canada’s system is different.  

[Boiler 46,242]

TN can be for any period and is a work visa/permit. Well it has to be renewed not that this would be an issue.

 

Anyway here is the link stating the Canadian position:

 

• long distance (by telephone or Internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada;

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/what-is-work.html

 

Different to the US.

 

 

[SalishSea 18,203]

Work permit/visas aside, wouldn't the OP still be in a situation of potentially not meeting the domicile requirements?  5 months is an awfully long vacation.

[optimusprimenumbe 0]

thanks for the replies but my wife is already documentary qualified for a year now and I have a permanent residence in USA which i intend to keep even when i am in Canada, i also work for an american employer and i will remotely work with them from canada, as far as i know this shouldn't be a problem if i am in Canada for less than a certain amount of days (due to the tax implications) . I just need to know if the PCC which my wife has will need to be renewed after she gets back to her home country (India) from touring Canada or if the consular officer might have an issue of any kind. 

Edited January 1, 2022 by optimusprimenumbe

[Chancy 6,243]

*** Moved from NVC forum to IR1/CR1 Process & Procedures ***

 

[pushbrk 13,169]

23 hours ago, optimusprimenumbe said:

thanks for the replies but my wife is already documentary qualified for a year now and I have a permanent residence in USA which i intend to keep even when i am in Canada, i also work for an american employer and i will remotely work with them from canada, as far as i know this shouldn't be a problem if i am in Canada for less than a certain amount of days (due to the tax implications) . I just need to know if the PCC which my wife has will need to be renewed after she gets back to her home country (India) from touring Canada or if the consular officer might have an issue of any kind. 

If the police report is less than a year old when she interviews, no problem. If it's more than a year old, yes, she'll need a new one.  You will be visiting Canada, not living there or domiciled there.  

[arken 4,197]

On 1/1/2022 at 6:00 PM, optimusprimenumbe said:

I just need to know if the PCC which my wife has will need to be renewed after she gets back to her home country (India) from touring Canada

There will be zero connection between your wife's PCC from India and her Canada trip.