Working back in Canada temporarily while having US Green Card

[butlertl 0]

I am happily married to my American husband (married February 13, 2005) and this coming year I will be applying for a change of status to get my 10 year Green Card. I presently have my 2 year green card. I did work for 6 months earlier this year but have been having a tough time finding employment in my field since that contract ended (Washington DC/northern Virginia area).

I may be offered a very good job back in Canada in January from people who have known my work in the past and wondered if I could take it for a year. I would keep the US as my permanent home and live in an apartment in Canada coming back every 4-5 weeks to see my husband. Our eventual retirement plans in 2-3 years are to have one home in US and another in Canada and spend 6 months in each country (snowbirds).

Has anyone ever heard of this before? Is it possible? I do not want to give up my green card, I just want to temporarily work in Canada. I would retain bank accounts in the US and home phone number and house with husband in the US. Thanks for any thoughts or input.

[zyggy 9]

I am happily married to my American husband (married February 13, 2005) and this coming year I will be applying for a change of status to get my 10 year Green Card. I presently have my 2 year green card. I did work for 6 months earlier this year but have been having a tough time finding employment in my field since that contract ended (Washington DC/northern Virginia area).

I may be offered a very good job back in Canada in January from people who have known my work in the past and wondered if I could take it for a year. I would keep the US as my permanent home and live in an apartment in Canada coming back every 4-5 weeks to see my husband. Our eventual retirement plans in 2-3 years are to have one home in US and another in Canada and spend 6 months in each country (snowbirds).

Has anyone ever heard of this before? Is it possible? I do not want to give up my green card, I just want to temporarily work in Canada. I would retain bank accounts in the US and home phone number and house with husband in the US. Thanks for any thoughts or input.

This goes back to the definition of abandonment.... it does not appear on its face to look like you are abandoning your primary residence in the US... of course, the devil is in the details and an immigration judge may feel differently depending on what you do...

This is worth a consultation with an immigration attorney about this... If it were me, I wouldn't do it until after I was a USC...

Edited December 18, 2006 by zyggy

[girl 37 7]

Could you do it as a US-based consultant doing a contract for a Canadian company?

[misa 2]

I was just going to suggest the consultancy thing too. You'd only have to file US taxes then (not Canadian) but the abandonment of residency is the main concern, so yeah, I'd get a consult with an immigration lawyer.