Daniel

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Hi there,

I am a Canadian. I work in Silicon Valley since 2000. About a year ago, =
I married a woman from Eastern Europe and we have a child, born in here =
(California). In 5 years from now, my H1B will expire (before the H1B I =
was on TN, this would explain everything). The green-card process seams =
to take forever, so we are thinking (just like everybody else's in the =
Valley) to return to Canada, sometimes in the (near) future. I am a =
technical expert (Computer Science) and I have 3 permanent jobs in =
Canada (waiting for me to return at any time, that is, they are simply =
OPEN, with permanent written offers). Our daughter has dual citizenship =
(Canadian and American). Now, my question is:

*** If I decide to come back home tomorrow morning... How do I do that? =
Theoretically, my wife needs a visitor visa or something (being from =
Eastern Europe). How could I return to Canada (again, to secure an =
excellent permanent position in the Department of Defense) without my =
wife? Our daughter is under a year old, so she obviously needs her =
mom... Given our situation, can our folks from Immigration Canada simply =
tell us "sure, you have a good job in Canada waiting for you, your =
daughter is a Canadian, but your wife cannot join you when you come back =
home, for she is not a Canadian"? This would be kinda strange, eh? Just =
asking... Is my situation special in any way? The law says that spouses =
of Canadians can apply for a landed immigrant status from inside =
Canada... Is it possible to be told "you and your new born daughter are =
welcome back but your wife has to wait (probably several mounts) from =
outside Canada? That would be super strange!

Thanks & Best Regards,
Daniel
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Hi there,
Â
I am a Canadian. I work in Silicon =
Valley since=20
2000. About a year ago, I married a woman from Eastern Europe =
and we=20
have a child, born in here (California). In 5 years from now, my H1B =
will expire=20
(before the H1B I was on TN, this would explain everything). The =
green-card=20
process seams to take forever, so we are thinking (just like everybody =
else's in=20
the Valley) to return to Canada, sometimes in the (near) future. I am a=20
technical expert (Computer Science) and I have 3 permanent jobs in =
Canada=20
(waiting for me to return at any time, that is, they are simply OPEN, =
with=20
permanent written offers). Our daughter has dual citizenship (Canadian =
and=20
American). Now, my question is:
Â
***Â If I decide to come back home =
tomorrow=20
morning... How do I do that? Theoretically, my wife needs a visitor visa =
or=20
something (being from Eastern Europe). How could I return to Canada =
(again, to=20
secure an excellent permanent position in the Department of Defense) =
without my=20
wife? Our daughter is under a year old, so she obviously needs her =
mom... Given=20
our situation, can our folks from Immigration Canada simply tell us =
"sure, you=20
have a good job in Canada waiting for you, your daughter is a Canadian, =
but your=20
wife cannot join you when you come back home, for she is not a =
Canadian"? This=20
would be kinda strange, eh? Just asking... Is my situation special in =
any way?=20
The law says that spouses of Canadians can apply for a landed immigrant =
status=20
from inside Canada... Is it possible to be told "you and your new born =
daughter=20
are welcome back but your wife has to wait (probably several mounts) =
from=20
outside Canada? That would be super strange!
Â
Thanks & Best Regards,
Daniel

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Andrew Miller

Unfortunately the worst case scenario is quite possible, although it may be
avoided if proper strategy is well planned and executed. What, when and how
to do also depends from the time frame of your plans to return to Canada.

You may email me directly for more details.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________


"Daniel" wrote in message
news:[email protected]...
Hi there,

I am a Canadian. I work in Silicon Valley since 2000. About a year ago, I
married a woman from Eastern Europe and we have a child, born in here
(California). In 5 years from now, my H1B will expire (before the H1B I was
on TN, this would explain everything). The green-card process seams to take
forever, so we are thinking (just like everybody else's in the Valley) to
return to Canada, sometimes in the (near) future. I am a technical expert
(Computer Science) and I have 3 permanent jobs in Canada (waiting for me to
return at any time, that is, they are simply OPEN, with permanent written
offers). Our daughter has dual citizenship (Canadian and American). Now, my
question is:

*** If I decide to come back home tomorrow morning... How do I do that?
Theoretically, my wife needs a visitor visa or something (being from Eastern
Europe). How could I return to Canada (again, to secure an excellent
permanent position in the Department of Defense) without my wife? Our
daughter is under a year old, so she obviously needs her mom... Given our
situation, can our folks from Immigration Canada simply tell us "sure, you
have a good job in Canada waiting for you, your daughter is a Canadian, but
your wife cannot join you when you come back home, for she is not a
Canadian"? This would be kinda strange, eh? Just asking... Is my situation
special in any way? The law says that spouses of Canadians can apply for a
landed immigrant status from inside Canada... Is it possible to be told "you
and your new born daughter are welcome back but your wife has to wait
(probably several mounts) from outside Canada? That would be super strange!

Thanks & Best Regards,
Daniel

maja7

It's not as complicated as it may seem. Of course if you decide to return to Canada tomorrow, your wife can't join you.
Lawyer or no lawyer, your best option will be to sponsor your wife from there and then move to Canada.
I wouldn't say that what, where and when depends from the timeframe of your plans to return to Canada. It seems more logical that you will have to adjust your plans and they will depend on what, where and when your wife's paperwork is done.
There are more and more cases on this forum where people are rejected for visitor visa, because their real intention is not to visit, but to stay.
So if you can wait a bit, the safest way will be to sponsor her from there. The fact that you have this great job offer in Canada will really make no difference in letting your wife enter Canada.

Daniel

    > It's not as complicated as it may seem. Of course if you decide to
    > return to Canada tomorrow, your wife can't join you.

Couple of years ago, I used to have a friend who was not even a Landed
Immigrant... He was working at the same Company as I did on an working
permit status. He was able to bring his wife to Canada in just days. I do
not understand why Canadians have less rights than temporary foreign
workers... But thanks for the advice, I will apply for her Landed status.

    > Lawyer or no lawyer, your best option will be to sponsor your wife from
    > there and then move to Canada.

Sure.

    > I wouldn't say that what, where and when depends from the timeframe of
    > your plans to return to Canada. It seems more logical that you will
    > have to adjust your plans and they will depend on what, where and when
    > your wife's paperwork is done.

All the papers are processed equaly? Does it matter that your wife has a new
born Canadian child?

    > There are more and more cases on this forum where people are
    > rejected for visitor visa, because their real intention is not to
    > visit, but to stay.

I NEVER said that she had the intention to visit Canada! What I said what
that wifes of Canadian citizens are allowed to apply for a Landed Immigrant
status from INSIDE Canada. On behalf of having a new born child, to allow a
person (wife of a Canadian with a new born Canadian) to enter Canada for the
purpose of applying to the Landed Immigrant status from inside Canada, while
breast feeding her child seams like a decent thing to ask.

    > So if you can wait a bit, the safest way will be to sponsor her from
    > there. The fact that you have this great job offer in Canada will
    > really make no difference in letting your wife enter Canada.

I realize that. So, what you are telling me is that a Canadian deciding to
go back home with his wife and mother of a new born Canadian child should go
a wait eventually to Eastern Europe until his wife will be processed on the
very same line with any other people, married or not with Canadians, being
mothers or not of Canadian children, having a great job or being potential
wellfare cases... I had no idea... :-) Interesting... it sounds quite like
1984 to me...

Thanks though,
Daniel

    > --
    > Posted via http://britishexpats.com

Daniel

maybe i should forget the fact that i am a canadian and arrange myself a
working permit, which is probably impossible to obtain if your nationality
is canadian...
this way, i could take my wife with me right away, cool eh? :-) lol but
bitter
daniel

"maja7" wrote in message
news:[email protected]...
    > It's not as complicated as it may seem. Of course if you decide to
    > return to Canada tomorrow, your wife can't join you.
    > Lawyer or no lawyer, your best option will be to sponsor your wife from
    > there and then move to Canada.
    > I wouldn't say that what, where and when depends from the timeframe of
    > your plans to return to Canada. It seems more logical that you will
    > have to adjust your plans and they will depend on what, where and when
    > your wife's paperwork is done.
    > There are more and more cases on this forum where people are
    > rejected for visitor visa, because their real intention is not to
    > visit, but to stay.
    > So if you can wait a bit, the safest way will be to sponsor her from
    > there. The fact that you have this great job offer in Canada will
    > really make no difference in letting your wife enter Canada.
    > --
    > Posted via http://britishexpats.com

maja7

I just offered an honest advice. Yeah you seem to be bitter, but what I said is merely the way immigration works. Unfortunately it would be very hard if they process every case on emotional basis. You know emotions are hard to prove and there are so many variances it would be imposible to have set rules.

A spouse sponsorship cases have priority over relative sponsorship and skilled worker cases. However, having a child does not change things, it's the same procedure.
Again, sorry but it's just how immigration works.

In your first post you said your wife needs a visitor visa or something...
- Visitor visa is only issued if person can prove that has intentions to only visit Canada and then leave. It is very hard to prove that your only intention is to visit if you already have Canadian husband and child.
Wifes of Canadian Citizens can apply for Landed immigrant status from INSIDE Canada if they are ALREADY in Canada (worked, studied, visited Canada and got married while INSIDE).
There is no such thing as allowing somebody to enter Canada for purpose of applying for Landed immigrant status. (maybe refugees at the border crossings)
Again, it might be a decent thing to ask...but don't mix emotions, this is immigration.

Again, a spouse sponsorship cases have priority over relative sponsorship and skilled worker cases.
And huh, don't I wish it was me making the rules. My husband would have been in Canada with me a lot earlier and I wouldn't have to count the days left. I am not telling you any of the above, it's immigration.

You can get a lawyer for more details. Just be aware of the ones that will tell you that you have to lie on any question in order to speed up the process.
I just gave you the safest option for getting the papers. There is really no quick fix for getting immigration papers.

Daniel

    > You can get a lawyer for more details. Just be aware of the ones that
    > will tell you that you have to lie on any question in order to speed up
    > the process.

The forms are freely downloadable from http://www.cic.gc.ca/ They come
directly in editable PDF + tones of documentation...

I do not need to lie (actually i STRONGLY DISLIKE it)

I do not see any problem with a Canadian working in the States for few years
to go to his consulate and tell those guys that he wants a five years
multiple entry visitor visa for his wife, because they want to visit Canada
from time to time, BEFORE they will decide to come back home. This should
not be an issue. If this is an issue, then we (Canadians) should think twice
before we go to vote! If this is an issue, there are other ways to approach
it (contact your MP, use the press on this issue, use powerful employers
with powerful connections, etc). I do not see this mainly as an immigration
issue and I strongly DISLIKE the way we (Canadians) got infected by Ellis
Island's cowboy immigration practices.... Of course, if you know what I
mean... :-)

Another view of this problem. In my CONSTITUTION I have the RIGHT (which is
NOT a privilege as in "driving"!) to freely enter and leave Canada. In this
case, because of a formal immigration procedure (which doesn't go anywhere,
because I will get my wife back home anyway!) my CONSTITUTIONAL RIGHT is
BADLY INJURED by the Federal Gov and their Immigration specific semantics
like "yeah, she can apply from inside Canada, but only IF she is inside
Canada" and other functionary like things like that... Nor Dear Canada nor
the Law supposed to be like that! We supposed to be EFFECTIVE and IN GOOD
FAITH and REAL! Now, are we? We used to....

Thanks & Best Regards,
Daniel

Atul Patel

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if you married an United States citizen, you would not have this =
problem!
"Daniel" wrote in message =
news:[email protected]...
Hi there,

I am a Canadian. I work in Silicon Valley since 2000. About a year =
ago, I married a woman from Eastern Europe and we have a child, born in =
here (California). In 5 years from now, my H1B will expire (before the =
H1B I was on TN, this would explain everything). The green-card process =
seams to take forever, so we are thinking (just like everybody else's in =
the Valley) to return to Canada, sometimes in the (near) future. I am a =
technical expert (Computer Science) and I have 3 permanent jobs in =
Canada (waiting for me to return at any time, that is, they are simply =
OPEN, with permanent written offers). Our daughter has dual citizenship =
(Canadian and American). Now, my question is:

*** If I decide to come back home tomorrow morning... How do I do =
that? Theoretically, my wife needs a visitor visa or something (being =
from Eastern Europe). How could I return to Canada (again, to secure an =
excellent permanent position in the Department of Defense) without my =
wife? Our daughter is under a year old, so she obviously needs her =
mom... Given our situation, can our folks from Immigration Canada simply =
tell us "sure, you have a good job in Canada waiting for you, your =
daughter is a Canadian, but your wife cannot join you when you come back =
home, for she is not a Canadian"? This would be kinda strange, eh? Just =
asking... Is my situation special in any way? The law says that spouses =
of Canadians can apply for a landed immigrant status from inside =
Canada... Is it possible to be told "you and your new born daughter are =
welcome back but your wife has to wait (probably several mounts) from =
outside Canada? That would be super strange!

Thanks & Best Regards,
Daniel

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if you married  an United States =
citizen, you=20
would not have this problem!

"Daniel" <[email protected]=
om>=20
wrote in message news:NkXza.20=
[email protected]...
Hi there,
Â
I am a Canadian. I work in Silicon =
Valley since=20
2000. About a year ago, I married a woman from Eastern =
Europe and we=20
have a child, born in here (California). In 5 years from now, my H1B =
will=20
expire (before the H1B I was on TN, this would explain everything). =
The=20
green-card process seams to take forever, so we are thinking (just =
like=20
everybody else's in the Valley) to return to Canada, sometimes in the =
(near)=20
future. I am a technical expert (Computer Science) and I have 3 =
permanent jobs=20
in Canada (waiting for me to return at any time, that is, they are =
simply=20
OPEN, with permanent written offers). Our daughter has dual =
citizenship=20
(Canadian and American). Now, my question is:
Â
***Â If I decide to come back =
home tomorrow=20
morning... How do I do that? Theoretically, my wife needs a visitor =
visa or=20
something (being from Eastern Europe). How could I return to Canada =
(again, to=20
secure an excellent permanent position in the Department of Defense) =
without=20
my wife? Our daughter is under a year old, so she obviously needs her =
mom...=20
Given our situation, can our folks from Immigration Canada simply tell =
us=20
"sure, you have a good job in Canada waiting for you, your daughter is =
a=20
Canadian, but your wife cannot join you when you come back home, for =
she is=20
not a Canadian"? This would be kinda strange, eh? Just asking... Is my =

situation special in any way? The law says that spouses of Canadians =
can apply=20
for a landed immigrant status from inside Canada... Is it possible to =
be told=20
"you and your new born daughter are welcome back but your wife has to =
wait=20
(probably several mounts) from outside Canada? That would be super=20
strange!
Â
Thanks & Best =
Regards,
Daniel

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Daniel

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i know, but we have a normal marriage...
"Atul Patel" wrote in message =
news:[email protected]...
if you married an United States citizen, you would not have this =
problem!
"Daniel" wrote in message =
news:[email protected]...
Hi there,

I am a Canadian. I work in Silicon Valley since 2000. About a year =
ago, I married a woman from Eastern Europe and we have a child, born in =
here (California). In 5 years from now, my H1B will expire (before the =
H1B I was on TN, this would explain everything). The green-card process =
seams to take forever, so we are thinking (just like everybody else's in =
the Valley) to return to Canada, sometimes in the (near) future. I am a =
technical expert (Computer Science) and I have 3 permanent jobs in =
Canada (waiting for me to return at any time, that is, they are simply =
OPEN, with permanent written offers). Our daughter has dual citizenship =
(Canadian and American). Now, my question is:

*** If I decide to come back home tomorrow morning... How do I do =
that? Theoretically, my wife needs a visitor visa or something (being =
from Eastern Europe). How could I return to Canada (again, to secure an =
excellent permanent position in the Department of Defense) without my =
wife? Our daughter is under a year old, so she obviously needs her =
mom... Given our situation, can our folks from Immigration Canada simply =
tell us "sure, you have a good job in Canada waiting for you, your =
daughter is a Canadian, but your wife cannot join you when you come back =
home, for she is not a Canadian"? This would be kinda strange, eh? Just =
asking... Is my situation special in any way? The law says that spouses =
of Canadians can apply for a landed immigrant status from inside =
Canada... Is it possible to be told "you and your new born daughter are =
welcome back but your wife has to wait (probably several mounts) from =
outside Canada? That would be super strange!

Thanks & Best Regards,
Daniel
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i know, but we have a normal=20
marriage...

"Atul Patel" <[email protected]> =
wrote in=20
message news:jwrAa.2965=
[email protected]...
if you married  an United States =
citizen,=20
you would not have this problem!

"Daniel" <[email protected]=
om>=20
wrote in message news:NkXza.20=
[email protected]...
Hi there,
Â
I am a Canadian. I work in Silicon =
Valley since=20
2000. About a year ago, I married a woman from Eastern =
Europe and=20
we have a child, born in here (California). In 5 years from now, my =
H1B will=20
expire (before the H1B I was on TN, this would explain everything). =
The=20
green-card process seams to take forever, so we are thinking (just =
like=20
everybody else's in the Valley) to return to Canada, sometimes in =
the (near)=20
future. I am a technical expert (Computer Science) and I have 3 =
permanent=20
jobs in Canada (waiting for me to return at any time, that is, they =
are=20
simply OPEN, with permanent written offers). Our daughter has dual=20
citizenship (Canadian and American). Now, my question =
is:
Â
***Â If I decide to come back =
home tomorrow=20
morning... How do I do that? Theoretically, my wife needs a visitor =
visa or=20
something (being from Eastern Europe). How could I return to Canada =
(again,=20
to secure an excellent permanent position in the Department of =
Defense)=20
without my wife? Our daughter is under a year old, so she obviously =
needs=20
her mom... Given our situation, can our folks from Immigration =
Canada simply=20
tell us "sure, you have a good job in Canada waiting for you, your =
daughter=20
is a Canadian, but your wife cannot join you when you come back =
home, for=20
she is not a Canadian"? This would be kinda strange, eh? Just =
asking... Is=20
my situation special in any way? The law says that spouses of =
Canadians can=20
apply for a landed immigrant status from inside Canada... Is it =
possible to=20
be told "you and your new born daughter are welcome back but your =
wife has=20
to wait (probably several mounts) from outside Canada? That would be =
super=20
strange!
Â
Thanks & Best =
Regards,
Daniel

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Daniel

This is a multi-part message in MIME format.

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Content-Type: text/plain;
charset="iso-8859-1"
Content-Transfer-Encoding: quoted-printable

we never hunted an immigration comfortable marriage :-) i mean gee...=20
"Atul Patel" wrote in message =
news:[email protected]...
if you married an United States citizen, you would not have this =
problem!
"Daniel" wrote in message =
news:[email protected]...
Hi there,

I am a Canadian. I work in Silicon Valley since 2000. About a year =
ago, I married a woman from Eastern Europe and we have a child, born in =
here (California). In 5 years from now, my H1B will expire (before the =
H1B I was on TN, this would explain everything). The green-card process =
seams to take forever, so we are thinking (just like everybody else's in =
the Valley) to return to Canada, sometimes in the (near) future. I am a =
technical expert (Computer Science) and I have 3 permanent jobs in =
Canada (waiting for me to return at any time, that is, they are simply =
OPEN, with permanent written offers). Our daughter has dual citizenship =
(Canadian and American). Now, my question is:

*** If I decide to come back home tomorrow morning... How do I do =
that? Theoretically, my wife needs a visitor visa or something (being =
from Eastern Europe). How could I return to Canada (again, to secure an =
excellent permanent position in the Department of Defense) without my =
wife? Our daughter is under a year old, so she obviously needs her =
mom... Given our situation, can our folks from Immigration Canada simply =
tell us "sure, you have a good job in Canada waiting for you, your =
daughter is a Canadian, but your wife cannot join you when you come back =
home, for she is not a Canadian"? This would be kinda strange, eh? Just =
asking... Is my situation special in any way? The law says that spouses =
of Canadians can apply for a landed immigrant status from inside =
Canada... Is it possible to be told "you and your new born daughter are =
welcome back but your wife has to wait (probably several mounts) from =
outside Canada? That would be super strange!

Thanks & Best Regards,
Daniel
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charset="iso-8859-1"
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we never hunted an immigration =
comfortable=20
marriage :-) i mean gee...

"Atul Patel" <[email protected]> =
wrote in=20
message news:jwrAa.2965=
[email protected]...
if you married  an United States =
citizen,=20
you would not have this problem!

"Daniel" <[email protected]=
om>=20
wrote in message news:NkXza.20=
[email protected]...
Hi there,
Â
I am a Canadian. I work in Silicon =
Valley since=20
2000. About a year ago, I married a woman from Eastern =
Europe and=20
we have a child, born in here (California). In 5 years from now, my =
H1B will=20
expire (before the H1B I was on TN, this would explain everything). =
The=20
green-card process seams to take forever, so we are thinking (just =
like=20
everybody else's in the Valley) to return to Canada, sometimes in =
the (near)=20
future. I am a technical expert (Computer Science) and I have 3 =
permanent=20
jobs in Canada (waiting for me to return at any time, that is, they =
are=20
simply OPEN, with permanent written offers). Our daughter has dual=20
citizenship (Canadian and American). Now, my question =
is:
Â
***Â If I decide to come back =
home tomorrow=20
morning... How do I do that? Theoretically, my wife needs a visitor =
visa or=20
something (being from Eastern Europe). How could I return to Canada =
(again,=20
to secure an excellent permanent position in the Department of =
Defense)=20
without my wife? Our daughter is under a year old, so she obviously =
needs=20
her mom... Given our situation, can our folks from Immigration =
Canada simply=20
tell us "sure, you have a good job in Canada waiting for you, your =
daughter=20
is a Canadian, but your wife cannot join you when you come back =
home, for=20
she is not a Canadian"? This would be kinda strange, eh? Just =
asking... Is=20
my situation special in any way? The law says that spouses of =
Canadians can=20
apply for a landed immigrant status from inside Canada... Is it =
possible to=20
be told "you and your new born daughter are welcome back but your =
wife has=20
to wait (probably several mounts) from outside Canada? That would be =
super=20
strange!
Â
Thanks & Best =
Regards,
Daniel

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