Out of country application while spouce in canada

[corpus]

Hi
I am in US on H1B visa and I have canadian PR for last little less then 3 years and i am planning to go to canada end of January on permanenet bases so that i can fulfill 2 out of 5 years rule in canada to continue my PR. Last year i got married and my wife came with me to US from India on a dependent visa.
WE applied and got a Visitor Visa for her to canada so that she can go with me to canada for now.
I plan to apply for her PR once i get into Canada.
Given this here is my question
1) Can i apply for her as soon as i get there.
2) Should i go for in or out of country applition. Since in country processing can be log and her visa is also only for 6 months i am leaning towards out of country processing. I can't apply in US since it will less then 1 year since she is here therefore we have to apply in India for out of country as we are Indian citizens.
3) I believe you don't need to show any income if you are sponsoring for wife (we don't have any kids) as i haven't filed any taxes there for last 12 months so can't show that plus i don't have good job lined up there for now. I did work and have good income from US for year of 2009 should i mention there where they ask for last 12 month income and taxes even though it is in US and not canada.
4) In out of country i.e if apply from India in the application they ask where the person being sponsored is since she will be in canada in tourist visa when i apply should i mention that. does it have any bad effect on application that since she is already in canada they put our case in back or take more time due to that.
5) It also says in India specific forms to submit police clearance up front from any country she lived more then 6 months since she has been in US for more then 6 months so i guess we will need to get that from here too. For US they ask for FBI finger print clearance. I have just applied for it but it can take 8-12 weeks to come back. Can we submit the application for now without that with police clearance from india and local state level police clearance form US (not FBI one) and send the other one later on or will they send the application back since it is missing FBI clearance.
Anyone know that if you lack a supporting document weather they send you applicaion back as incomplete or ask you for the missing document. They do say to send complete applicaion on there website or under india/region specific forms.
5) Has anyone been in same situation where they applied for out of country while there spouce was with them in canada on tourist or some other visa.

I would realy appriciate if anyone can provide some guidence or can share there experience.

 

[Swede]

1) Yes.
2) New Delhi is pretty fast, so you definitely want to use the outland route.
3) There are no income requirements for sponsoring a spouse, but you have to prove that you're not on social welfare or going through bankruptcy.
4) As long as the applicant is in Canada legally it's ok to say that she's in the country.
5) I think they will just ask for the missing police transcripts, but I'm not entirely sure.
6) I am applying outside of Canada even though I'm in the country (legally).

 

[Karlshammar]

My lawyer advised me to submit my application with a cover letter explaining that I was waiting for the police certificate, but then things sped up and I got my certificate really quickly, so it wasn't an issue.

Like Swede, I was in Canada while being processed outland. I had visitor status at first and then became a temporary worker, before finally becoming a PR.

 

[munanicole]

Hi,

This is in response to Swede's reply.
How does one prove that one isnt on social welfare or going through bankruptcy?

 

[Karlshammar]

That's done through the Option C printout that they request (the information is on the checklist).

Hi,

This is in response to Swede's reply.
How does one prove that one isnt on social welfare or going through bankruptcy?

 

[munanicole]

Thanx!

 

[corpus]

Everyone
Thank you for your replies.

Karlshammar
You mentioned you changed your status or got temporary worker status after visitor visa. Can you change your visa status while in canada. I heard you need to go out of canada if you are changing your visa type and get new new visa stamped. For Ex: Can you go in on Visitor visa and then later on get admission in college and change it to student/study visa. In that case will you have to go out of country get your study visa stamped or you can stay in country and start study based on admission papers.
I know in US when you change your status inside the country lets say from work visa to Study or vice versa then you don't need to go out of country all you need to have vaild H1 or admission papers from university and need visa only in case you go out of country and then you need to get it stamped to enter back in country.

 

[Karlshammar]

Yes, you have to leave, but you can just drive down to the U.S. border and go right around again. That's what I did.

 

[corpus]

Karlshammar
But to get the new visa stamped don't you have to go to canadaian embassy outside the country. For Ex: if you are on visitor visa and get admission in college and want ot change to student visa don't you have to go out of country to get it stamped.

 

[Miryam]

5) Has anyone been in same situation where they applied for out of country while there spouce was with them in canada on tourist or some other visa.

I was in Canada on a visitor visa during the whole processing time of my application in my country of birth. When it was finished the Visa Office asked me to mail my passport by FedEx, then when the visa was stamped they mailed me back, I received the passport and next day my husband and I drove to the border for my landing.

 

[corpus]

Miryam
Thanks for the infomration. Can i ask you in which country did you apply for PR. I guess its US. Is this correct. If it is one more thing did you attach your FBI clearance witht he initial application or did you send it later on.

 

[Miryam]

Miryam
Thanks for the infomration. Can i ask you in which country did you apply for PR. I guess its US. Is this correct. If it is one more thing did you attach your FBI clearance witht he initial application or did you send it later on.

No, it was not US, it was Brazil. Since I lived in US for over a year, I had to submit a FBI clearance, which I sent along with the application. However, I did send later on another documents to the Visa Office, so I wrote a cover letter and told what was my file number, in order for them to attach it to my application.

 

[Karlshammar]

If you don't attach the police certificate(s) with the original application, it may be returned as incomplete, and you will have to resubmit it.

Miryam
Thanks for the infomration. Can i ask you in which country did you apply for PR. I guess its US. Is this correct. If it is one more thing did you attach your FBI clearance witht he initial application or did you send it later on.

 

[Suin]

it actually depends on visa office - they can ask to submit it within set time limits, not necessary to return everything back.

 

[Karlshammar]

Yep, it can vary. That's why I prefer "better safe than sorry."

it actually depends on visa office - they can ask to submit it within set time limits, not necessary to return everything back.