US Green Card AND Canadian Permanent Resident

[IndustriousAnt 0]

Hi,

Just wondering if any Canadian/US couples have attempted to file for both at the same time.

My husband and I are trying...mostly because when we started this whole process we were too oblivious to all the rules, restrictions, time and red tape that involves getting a Green Card. We were very fresh.

So far through our own research, we've found that it is 'possible', but we are not sure if it is 'allowed'. I called Canadian Immigration and asked them. They said they were not sure about the American's but as long as you fulfilled your PR obligations you could keep your PR status in Canada. So that means that if your American spouse was in the presence of his/her Canadian spouse, even if they are out of Canada, it would still count towards keeping the PR status active....meaning we could reside for portions of time in the US and it would remain active.

I would love peoples thoughts. Maybe we are wrong about the above, but I would love to know if anyone else has done it.

Cheers.

Martine

[domegirl1978 1]

I'm not sure if I am understanding correctly but are you saying that you are married or marrying an American and want to not only keep your Canadian residency AND keep your American green card?

If that IS the case then I am very interested in this as well as I want to do the same thing and live here in Canada for the 6 months and in the States for the 6 months so that I would be able to keep both.

Any other information on this would be very much appreciated.

[trailmix 77]

Someone actually asked this question last week - the thread is here:

http://www.visajourney.com/forums/index.php?showtopic=182234

[domegirl1978 1]

Sorry to maybe have confused. I AM a Canadian citizen born and raised in Montreal so I don't have to get my permanent residence status. I just want to keep it while also obtaining my green card.

I am in the fiance visa process right now waiting on my NOA2. I have heard mixed things on this from many people.

Anyone with any knowledge from the govt as to this?

[john_and_marlene 162]

Do you plan to pay taxes in both places?

[thetreble 19]

I AM a Canadian citizen born and raised in Montreal so I don't have to get my permanent residence status. I just want to keep it while also obtaining my green card.

This makes no sense.

[domegirl1978 1]

I do plan on paying taxes in both places as I would be working in Canada and in the U.S.

I am planning on opening my own business that will allow me to be able to work from here in Canada or in Florida where my fiance is.

The person in the last post said that I don't make sense. I don't know what they mean by "doesn't make sense".

I am a Canadian citizen therefore I automatically have permanent residency here as a citizen. However once you marry and move to the States and obtain your green card you are a permanent resident of the U.S. therefore you are supposed to give up your permanent residency in Canada. You always keep your citizenship though as a Canadian unless you completely renounce it.

However, I have been told by a few people that as long as you are in Canada and in the U.S. for 6 months each out of the year that you can keep both and have dual residency. Even an accountant told me that, but again, i would like to clarify that with someone who actually knows or is doing it or has done it.

[domegirl1978 1]

And again, this is assuming that what i am asking is possible. If it is not possible to have dual residence in both Canada and the U.S. then I will just suck it up and stay permanently in the U.S. on my greencard and keep my company going from there.

[Flames9_RN 358]

ur a Canadian Citizen, and ur not going to loose that. Im a USA citizen now, still a Canadian citizen, but I'm a non-resident of Canada as I live in the USA, but I can still work in Canada if I soo desired. I do not belive one can have "dual" residence, one has to have a "home country" but u can still go and work in Canada. As a Permenant resident of the USA, u have to spend the majority of ur time in the USA. But one can live in the USA, and stil work in Canada.

As it appears, you have just filed the k1, so you hae a bit of a ways to go before u gain permanent residency in the USA, so lots of time to reasearch it. Best of luck

[trailmix 77]

And again, this is assuming that what i am asking is possible. If it is not possible to have dual residence in both Canada and the U.S. then I will just suck it up and stay permanently in the U.S. on my greencard and keep my company going from there.

If i'm understanding you correctly - you aren't really asking about residency, you are asking if you keep your Canadian citizenship while being a U.S PR as well - the answer to that is yes.

If you are asking if you can be a resident of both the U.S. and Canada at the same time - the answer to that is yes as well.

There are two things to research with residency - 1. The period of time you must be in the U.S. each year to maintain your Permanent residency and 2. Residency for tax purposes.

Edited March 12, 2009 by trailmix

[IndustriousAnt 0]

Wow.

I seemed to have started something.

In any case, just to clarify:

I'm a Canadian.

My husband is an American.

We have applied for residency in each other's country.

We just wanted to make sure we were allowed to do this...because...we've started doing it.

We get harassed a lot at the border. A lot. Going both ways.

But so far, I have not been denied entry. My interview is next month so I can't wait for all the ####### to end.

Just want to make sure that we are doing things legitimately.

I'll check out that other thread.

Thanks much!

Martine

[thetreble 19]

The person in the last post said that I don't make sense. I don't know what they mean by "doesn't make sense".

I am a Canadian citizen therefore I automatically have permanent residency here as a citizen. However once you marry and move to the States and obtain your green card you are a permanent resident of the U.S. therefore you are supposed to give up your permanent residency in Canada. You always keep your citizenship though as a Canadian unless you completely renounce it.

Let's try this again

[SapphireDreams 71]

I'm thinking that it would be possible - but my only concern would be paying taxes in 2 places - that sounds extremely expensive and not worthwhile. That along with having to maintain healthcare in two places, insurance in two places, property in two places (again more taxes).

I'm just not sure I would see the benefits if your main purpose is just to be able to be in both places. Being a visitor in Canada would probably reap you the same benefits, your healthcare and insurance and such would just be housed in the U.S. You could also just run your business out of the U.S. and pay taxes only 1 time.

[trailmix 77]

domegirl:

I do plan on paying taxes in both places as I would be working in Canada and in the U.S.

No problem with that, the governments will welcome your contributions!

I am planning on opening my own business that will allow me to be able to work from here in Canada or in Florida where my fiance is.

No problem with that either!

I am a Canadian citizen therefore I automatically have permanent residency here as a citizen. However once you marry and move to the States and obtain your green card you are a permanent resident of the U.S. therefore you are supposed to give up your permanent residency in Canada. You always keep your citizenship though as a Canadian unless you completely renounce it.

The reason it was confusing is because the term 'permanent residency' on an immigration board means a Permanent Resident 'immigrant'. You are a Canadian Citizen and you will become an American Permanent Resident.

However, I have been told by a few people that as long as you are in Canada and in the U.S. for 6 months each out of the year that you can keep both and have dual residency. Even an accountant told me that, but again, i would like to clarify that with someone who actually knows or is doing it or has done it.

The Canadian one is irrelevant - as I mentioned you are a citizen, you may come and go as you please to/from Canada.

U.S. PR

Maintaining Permanent Resident Status

Permanent residents who depart and remain outside the U.S. for more than 365 contiguous days risk losing their status and might need to undergo the entire petition and immigrant visa process anew if they wish to re-enter the U.S. as permanent residents. Permanent residents who obtain re-entry permits from USCIS prior to their departure from the U.S. may remain overseas for up to 2 years. Permanent residents who fail to file income tax returns while living outside the U.S. or who declare themselves as "non-immigrants" on tax returns may also lose their status

[domegirl1978 1]

Trailmix, you have it right. I am looking to have residency in both countries if its possible. And I will look into those 2 things you stated:

"There are two things to research with residency - 1. The period of time you must be in the U.S. each year to maintain your Permanent residency and 2. Residency for tax purposes."

And SapphireDreams, you are totally right as well. I wouldn't be worried about the healthcare in this case if possible because I would retain my Canadian one and be on my future husbands plan from his work in the States. Property taxes also would not be a problem as my future husband already owns our home in Florida.

The taxes on my business are what I would be most concerned about but I figure it may be worth it to pay more in taxes to both countries just so that I could be in Canada the 6 months out of the year to be with my grandparents who are right now in good health but I'd still like to be able to be here often enough to take care of their needs as I live with them now while awaiting my K1 visa