Changing Citizenship while on CR1 Green Card before ROC

[A_Singh 21]

Hi

Please answer this question only if you truly understand my situation and are aware of all the rules and regulations regarding this.

Background: I was born as an Indian citizen and moved to Canada 8 years ago, became a Permanent REsident of Canada and am now a Canadian Citizen (last month). India does not allow dual citizenship, but lets u get a OCI card (Overseas Citizen of India) which is somewhat like a lifelong visa but not citizenship. Therefore I got OCI on my Canadian Passport. I also have US Green Card, which I got through my wife, who is a citizen of US (CR-1 Visa). I have the GC which is valid for 2 years and will need to remove conditions soon. I live and work in the United states and changed my Citizenship while on the 2 year CR1 Green Card.

Question 1 : Would I have any problems applying for removal of conditions on my Green Card ? I do have a lot of evidence of bonafide marraige as I live in the US now and file taxes and have tonnes of paperwork (like lease, car insurance, health coverage etc)

Question 2: Once I get my ROC done and get a 10 year GC, WIll I be able to naturalize for US CItizenship after 3 years (since I first became a GC Holder). would me already having a Canadian citizenship affect my case ?

Thanks in advance!

[Boiler 44,858]

I see no problems.

[BigDaddy28 228]

Did you have permanent residence in Canada and the US before you became a citizen of canada?

[A_Singh 21]

Yes, there was an overlap of my Canadian Permanent Residence and my current Green Card for only 3 months.

[BigDaddy28 228]

Yes, there was an overlap of my Canadian Permanent Residence and my current Green Card for only 3 months.

As far as I know you can't be a resident in 2 countries. You might get some hard time from USCIS regarding that. Good luck.

[Darnell 8,478]

since yer in the USA on a greencard - with spousal support somewhere (visa or AOS)

then yer path to USA Citizenship is very basic [unless you divorce or are out of the USA for extended periods of time]

so - all of this stuff about who/what/where/when -

does not apply -

and stops applying

after you've green card in hand.

It's a new clock as well, to become a USCitizen after green-card in hand and

we've a guide for that here !!

Edited June 5, 2014 by Darnell

[Lancelotte25 1]

Hi

Please answer this question only if you truly understand my situation and are aware of all the rules and regulations regarding this.

Background: I was born as an Indian citizen and moved to Canada 8 years ago, became a Permanent REsident of Canada and am now a Canadian Citizen (last month). India does not allow dual citizenship, but lets u get a OCI card (Overseas Citizen of India) which is somewhat like a lifelong visa but not citizenship. Therefore I got OCI on my Canadian Passport. I also have US Green Card, which I got through my wife, who is a citizen of US (CR-1 Visa). I have the GC which is valid for 2 years and will need to remove conditions soon. I live and work in the United states and changed my Citizenship while on the 2 year CR1 Green Card. - Are you talking about the Canadian citizenship here?

Question 1 : Would I have any problems applying for removal of conditions on my Green Card ? I do have a lot of evidence of bonafide marraige as I live in the US now and file taxes and have tonnes of paperwork (like lease, car insurance, health coverage etc) .. You should be fine, unless you submitting false evidences

Question 2: Once I get my ROC done and get a 10 year GC, WIll I be able to naturalize for US CItizenship after 3 years (since I first became a GC Holder). would me already having a Canadian citizenship affect my case ? Yes, you can file after 3 years and for the second question, I think it won't affect since you are giving up your Canadian citizenship or becomes a dual citizenship if Canada allows it.

Thanks in advance!

[A_Singh 21]

As far as I know you can't be a resident in 2 countries. You might get some hard time from USCIS regarding that. Good luck.

Dude, When I was going for my CR1 Visa interview, the officer asked me what my status was in Canada, and I told him I am a Permanent Resident of Canad and he was fine with it.

The issue is not about having two PRs, it is about maintaining them. I have well maintained my PR in Canada

Edited June 6, 2014 by A_Singh

[A_Singh 21]

Hi There,

why would I submit false evidence when I live with my spouse and have all the paperwork geniuine.

Also, I am not planning to give up my canadian citizenship, Canada and US both allow DUAL citizenship. I know people who have both US and Canadian passports, and also on the day of my interview at US Embassy in canada, the USCIS people gave me a letter saying that both US and Canada accept Dual citizenship.

[A_Singh 21]

since yer in the USA on a greencard - with spousal support somewhere (visa or AOS)

then yer path to USA Citizenship is very basic [unless you divorce or are out of the USA for extended periods of time]

so - all of this stuff about who/what/where/when -

does not apply -

and stops applying

after you've green card in hand.

It's a new clock as well, to become a USCitizen after green-card in hand and

we've a guide for that here !!

Hey Darnell, I did not understand your response. Can you please elaborate it a bit further for me.

My situation is that I will be changing my citizenship while on the Conditional Green Card (India to Canada) and was wondering would I have any issues while ROC. Also later I would like to go for US Citizenship so at that time I will have Canadian Passport, would that be an issue ?

Thanks

[Udella&Wiz 325]

You can be dual, it doesn't sound like there would be any issues

[A_Singh 21]

Hi All,

Need your help! I am currently an Indian Citizen and have the CR1 Green Card which is valid until late 2015. I still haven't applied for ROC as i still have time. I was issued my Cr1 Visa and Green Card on my Indian Passport. Also, later this week I will be changing my country of citizenship and become a Canadian Citzen as I take Canadian oath. Once I take the Canadian oath, I will not be considered an Indian Citizen anymore.

Question: If I change my country of citizenship before my ROC of the 2 year Green Card would it impact my

1. CUrrent Status of CR1 2 year green card holder

2. Will it impact my ROC process and cause any issues if I put down my new citizenship as Canada now.

3. Later on my US Citizenship process/naturlatsation to get a US Passport. Canada and US both allow dual passport.

Please need ur help before I take a decision to go for Canadian Passport or not.

[BigDaddy28 228]

Dude, When I was going for my CR1 Visa interview, the officer asked me what my status was in Canada, and I told him I am a Permanent Resident of Canad and he was fine with it.

The issue is not about having two PRs, it is about maintaining them. I have well maintained my PR in Canada

Well that's something new I learned. Thanks dude for tge info.

[Dave&Roza 748]

Hi All,

Need your help! I am currently an Indian Citizen and have the CR1 Green Card which is valid until late 2015. I still haven't applied for ROC as i still have time. I was issued my Cr1 Visa and Green Card on my Indian Passport. Also, later this week I will be changing my country of citizenship and become a Canadian Citzen as I take Canadian oath. Once I take the Canadian oath, I will not be considered an Indian Citizen anymore.

Question: If I change my country of citizenship before my ROC of the 2 year Green Card would it impact my

1. CUrrent Status of CR1 2 year green card holder

2. Will it impact my ROC process and cause any issues if I put down my new citizenship as Canada now.

3. Later on my US Citizenship process/naturlatsation to get a US Passport. Canada and US both allow dual passport.

Please need ur help before I take a decision to go for Canadian Passport or not.

First, I am not sure why you are doing this if you want to be a USC. Second, I would be careful with this as you must follow the rules and requirements of maintaining your LPR status in the US and then you must meet and follow the requirement to remove your conditions and then you must meet and follow the requirements to become a USC. One of those requirements is that you maintain your LPR status and do not claim to b e a resident of another country. By becoming a Canadian citizen do you need to claim to be a resident of Canada while you are also a LPR of the US? If you need to claim you are a resident of Canada that will nullify your LPR status in the US and you will be a Canadian citizen in the US illegally. If you can become a Canadian citizen while a resident of another country then you will have no problems. I would look into this very carefully. If your end goal is to become a USC why do you want to jeopardize that by becoming a Canadian citizen? Since it is easy to travel between the US and Canada what is the advantage of having a Canadian passport and a US passport--travel to Cuba maybe.

I would do careful research on this if I was you especially what is considered revoking your LPR status to the US as that is the key to this whole situation Loose your LPR status you loose your legal status in the US and will need to go to your new home country of Canada, but at least you can visit easily compared to India.

Good luck,

Dave

[A_Singh 21]

First, I am not sure why you are doing this if you want to be a USC. Second, I would be careful with this as you must follow the rules and requirements of maintaining your LPR status in the US and then you must meet and follow the requirement to remove your conditions and then you must meet and follow the requirements to become a USC. One of those requirements is that you maintain your LPR status and do not claim to b e a resident of another country. By becoming a Canadian citizen do you need to claim to be a resident of Canada while you are also a LPR of the US? If you need to claim you are a resident of Canada that will nullify your LPR status in the US and you will be a Canadian citizen in the US illegally. If you can become a Canadian citizen while a resident of another country then you will have no problems. I would look into this very carefully. If your end goal is to become a USC why do you want to jeopardize that by becoming a Canadian citizen? Since it is easy to travel between the US and Canada what is the advantage of having a Canadian passport and a US passport--travel to Cuba maybe.

I would do careful research on this if I was you especially what is considered revoking your LPR status to the US as that is the key to this whole situation Loose your LPR status you loose your legal status in the US and will need to go to your new home country of Canada, but at least you can visit easily compared to India.

Good luck,

Dave

Hey Dave, Not sure if you know the rules properly. I'm not going to debate of maintaining my residence.

1. In order to be eligible for becoming a Citizen of Canada you need to spend 3 years in Canada post Canada PR. I maintained that and then applied for my Canadian Citizenship. I WAS NOT a US LPR at that time, I was in Canada but had a US B1/B2 Visa and used to visit once a while maintaining my residence in Canada

2. I became a US LPR after I had applied for my Canadian Citizenship and thne once I got my LPR I moved to the US. This way I am maintaining my US LPR Status. Canada does not care where u live once you meet the requirements of residency and apply for Canadian Citizenship. During my Canadian Citizenship test and Interview, I made it very clear to the officer that I live in US as I am LPR there but I did maintain the requirementts for Canaddian Citizenship and he didn't care. He said aslong as u maintained the time before u applied for Canadian ccitizenship taht matters to us.

3. I have no intentions to live in Canada, i will get the Canadian Passport and continue to live in the US. I have made both the US and Canadian authorities aware of that and they said as long as you maintaain ur status. FOr Canada its done, its history now, once I become a citizen, I dont have to live there, meaning I will be living in the states.

Let's not discuss the maintaining of status in canada or the US as I am totally aware of that and planned this for years and know about it.

So coming back to my original questions,

1. Would it impact my ROC if I change my citizenship and continue to live in US

2. Impact on my US Citizenship.

I'm assuming its a NO to both questions, but need expert advise.

P.S. I'm one in a million case who is probably going to be in this situation as GOD GOOGLE does not get me anything