Tough situation - removing and moving all at the same time

[xjennyinstereox 0]

My first question is about the processing times.. after looking through the different service center timelines, it looks like Vermont takes at least 6 months to approve a removal of conditions whereas the other service centers are averaging 2-4 months. Any idea why Vermont is so slow?

Also, I'm in a rather strange situation. My husband and I are both 25 and want to start a family in a couple of years but we aren't sure where we want to raise our family. He's never lived in a city whereas I've lived in 3 different countries. He loves Montreal (I was born and raised there) so we want to go live there for a year and see how he likes living there.

We were planning on moving in the summer of 2009, after I remove conditions. I will start removing conditions on January 27, 2009. I figure if it takes 6 months, we'll be done by July 2009, which is when we want to move anyways.

I'm going to have to start immigration proceedings for my husband in order to get him permanent residency status in Canada so that we can live in Canada legally and he can work. If we decide we want to raise our family in Canada and ultimately stay there, it will be best if all the proper immigration stuff is in place. At the same time, if I have a 10 year green card, I assume I can spend 1 year outside the USA in Canada and still be able to come back and live in the USA if we decide to have a family in the USA.

The problem is that I probably will have to start filing for Canadian immigration stuff at the same time as I'm removing my conditions. Is this going to cause a problem with USCIS? Are they going to know that my husband is trying to get permanent residency in Canada? Will they even care? Is this legal?? Ugh. So overwhelming! Anyone else ever been in this situation?

[Kathryn41 3,205]

Your biggest problem will be that by moving back to Canada you will basically be renouncing your US residency - therefore your green card would be cancelled. No longer residing in the US is one of the ways you can lose your green card. While you can be outside of the country up to 6 months - and longer if you have filed for specific permission (a Returning Resident permit, I believe), that is considered different than giving up your home in the US. If you decided to return to the US at any time you would have to repeat the whole immigration process, this time as a spouse, and face all sorts of challenges re: having US based income for your sponsor/husband as well as the additional expense.

A far better option, although it will involve you waiting for a bit longer, is to plan on remaining in the US for 2 more years. Apply to remove the conditions on your residency, then the following year apply for your US citizenship. Once you have your citizenship you are allowed to live outside of the US and you can then give Montreal a try. This approach will give you and your husband your choice of which country in which to raise your children.

Canadian immigration also takes some time to accomplish. While you would be able to return to Canada in July, your husband would have to come with you on a temporary resident permit and apply to become a landed immigrant from within Canada. He would not be able to work until he received 'approval in principle' which may take a number of months. I don't know what the process is taking now but when I worked for an MP in Canada it was taking about a year to obtain Canadian residency.

Be patient and you can have your cake and eat it too. Moving too soon, you are likely to lose everything that you have worked so hard to achieve.

[xjennyinstereox 0]

It looks like I could file Form I-407 to abandon my LPR status, if that was what I wanted. That would leave me in good standing and I could apply for it again if need be. Also, I'm in my 2nd year here. I remove conditions next January. I'd need to wait a total of 2 years from now in order to get citizenship but quite honestly, I don't want US cititzenship. I'd be happy enough being an LPR.

I also found this:

You are correct in thinking that you must satisfy the officials at our Case Processing Centre in Mississauga that you will actually move as a couple to live in Canada when your spouse receives a visa. (Only Canadian Citizens may sponsor from abroad; a “permanent resident” must be physically resident in Canada to be eligible.) In order to satisfy the officer reviewing the file that you intend to return to Canada, you should include with your application information on your plan for return to Canada and sufficient documentation to substantiate it, including any or all of the following:

- A written submission explaining the reasons why you have been abroad and why you are now returning to Canada (employment, family obligations, studies, etc...)

- letters from relatives or friends in Canada offering initial accommodation and assistance

- Proof of registration in a University or College

- Proof of a job offer

- Proof of family obligations

- Proof of purchase of home in Canada (or sale of property in your current country of residence)

I also found this: Six to eight weeks after landing in Canada, your Permanent Resident card should be mailed to you at your address in Canada. If you do leave Canada after landing without first obtaining a Permanent Resident card, you must apply at a Canadian Embassy or High Commission for a “Travel Document for Permanent Residents” prior to returning to Canada.

This leads me to believe the process should be quick enough. I dunno. I'm so overwhelmed.

[Kathryn41 3,205]

I also found this: Six to eight weeks after landing in Canada, your Permanent Resident card should be mailed to you at your address in Canada. If you do leave Canada after landing without first obtaining a Permanent Resident card, you must apply at a Canadian Embassy or High Commission for a “Travel Document for Permanent Residents†prior to returning to Canada.

This leads me to believe the process should be quick enough. I dunno. I'm so overwhelmed.

This refers to AFTER your husband receives his Permanent Resident card. The process to get his Permanent Resident card approved was taking about a year. Once it is approved, he physically has to leave the country and return, thus activating his 'landing' in Canada. After he does that, his permanent resident card is then mailed to him. That is what takes 6 to 8 weeks - not the processing of the application itself.

All Permanent Residents require Proof of their Permanent Residency status in Canada and receive this from the Government. If they travel outside of Canada they need to present their proof of residency at the border - and if they are coming by air, before they board their flight - before they are allowed back into Canada. The card is considered the only acceptable proof, so if he left Canada without this proof of his residency, he would need to apply for and receive a Travel Document from the Canadian Embassy overseas before he would be allowed to cross the border back into Canada. That is far ahead of the game for what you are considering. It is AFTER he is approved and landed and does not apply to the processing time involved for the application.

Edited January 5, 2008 by Kathryn41