Question about the future...

[kcmetzy 0]

I love to play the "what if" game..a little too much to be quite honest.

but..

WHAT IF..we decide to move to Canada in the next couple of years? My husband is not planning on getting his citizenship, he will only gave his green card down here.

If we move to Canada is his permanent residency in the U.S. voided out? I just don't want to be forced to live anywhere..I want options people!

Can I get my permanent residency in Canada right now..even if we don't intend on moving there. I'm thinking no..but any input is appreciated.

THANKS!

[Krikit 1,164]

Your husband should wait until he has his permanent resident card, which he will apply for two years after he receives his temporary resident card. Then he will be able to come and go without a problem. Any sooner than that and he will abandon his residency.

No, you cannot get your residency in Canada unless you take up residence there.

[kcmetzy 0]

Your husband should wait until he has his permanent resident card, which he will apply for two years after he receives his temporary resident card. Then he will be able to come and go without a problem. Any sooner than that and he will abandon his residency.

No, you cannot get your residency in Canada unless you take up residence there.

Is it 2 years after he receives his temporary card, or after we have been married 2 years? The guy told us we will have to file something on our 2 year anniversary (which is this summer). Is that what you are talking about, or am I confused?

[Krikit 1,164]

Your husband should wait until he has his permanent resident card, which he will apply for two years after he receives his temporary resident card. Then he will be able to come and go without a problem. Any sooner than that and he will abandon his residency.

No, you cannot get your residency in Canada unless you take up residence there.

Is it 2 years after he receives his temporary card, or after we have been married 2 years? The guy told us we will have to file something on our 2 year anniversary (which is this summer). Is that what you are talking about, or am I confused?

Oh wait. You're CR-1. I'm sorry. I'm speaking from K-1 experience. In our case, I would file for my permanent resident card just before the two-year anniversary of the approval date on my temporary resident card. Maybe Flames or Trailmix can help you out here. Sorry.

[Flames9_RN 358]

Your husband should wait until he has his permanent resident card, which he will apply for two years after he receives his temporary resident card. Then he will be able to come and go without a problem. Any sooner than that and he will abandon his residency.

No, you cannot get your residency in Canada unless you take up residence there.

Is it 2 years after he receives his temporary card, or after we have been married 2 years? The guy told us we will have to file something on our 2 year anniversary (which is this summer). Is that what you are talking about, or am I confused?

Ur cr-1 is good for 2 yrs ONCE it is activated (when u cross over at the POE) The expiry date will be on the greencard itself. 90 days before the expiry date ur eligible to apply for your permanent residence card which is good for 10 years. That is the I-751!! Dont send it in 91 days before and dont send it after the greencard has expired! its a VERY easy form to fill out, takes all of 10 minutes!! From the day I sent in my I-751 til I received the 10 yr greencard was approx 6 months!!

NOW for USA citizenship, one can apply 90 days before your 3 yr anniversary of the date u activated ur original cr-1 visa

ie

Cross into the USA to activate CR-1 July 1 2008 (expires July 1 2010)

90 days before July 1 2010 one can mail in I-751 paperwork (shortly after that they will mail you a letter stating you have been granted a year extension, keep that paper!!)

90 days before July 1 2011 you are eligible to start the USA citizenship paperwork if you want to become a USA citizen. of course you dont have to do it within that 90 days, just cant do it earlier than 90, and one has no time limit to apply. i still haven't,lol, but I have filled out most of the form.

EDITING:

As well im assuming ur married for less than 2 years!! if you entering the USA and have been married for 2 yrs or more, you should get the IR-1, which is good for 10 years!!

Thats why some people who have been married for less than 2 years, but are close to their 2 yr wedding anniversary wait and activate thier visa, until they have reached their 2 yr wedding anniversary.

Edited April 25, 2008 by flames9

[raymaga 25]

My husband (USC) and I (Canadian citizen) would possibly like to move back to Canada at some point too. I am waiting until after I get my US citizenship though, so that there will be no problems if I ever want to move back to the U.S. sometime after we move to Canada.

I was of the understanding that if you leave the U.S. with only Permanent Resident status to live in another country permanently, that eventually you have abandoned your U.S. residency.

Is this not correct.... anyone?

[Cassie 8]

My husband (USC) and I (Canadian citizen) would possibly like to move back to Canada at some point too. I am waiting until after I get my US citizenship though, so that there will be no problems if I ever want to move back to the U.S. sometime after we move to Canada.

I was of the understanding that if you leave the U.S. with only Permanent Resident status to live in another country permanently, that eventually you have abandoned your U.S. residency.

Is this not correct.... anyone?

that was my assumption as well, and as such is the only reason why I will be applying for US citizenship, I would hate to go through all of this to lose it if I was to move back before getting dual.

[Krikit 1,164]

My husband (USC) and I (Canadian citizen) would possibly like to move back to Canada at some point too. I am waiting until after I get my US citizenship though, so that there will be no problems if I ever want to move back to the U.S. sometime after we move to Canada.

I was of the understanding that if you leave the U.S. with only Permanent Resident status to live in another country permanently, that eventually you have abandoned your U.S. residency.

Is this not correct.... anyone?

Sorry, yes I believe you are right. I was operating under the assumption that they would only be going to Canada for a couple of years. I have no idea why I thought that.

[Flames9_RN 358]

Only time your Wedding anniversary means anything is when it comes to issuing the cr-1--less than 2 yrs of marriage, of the IR-1, 2 yrs or more!!

After that its based on when you activated the visa, which is the date you crossed over at the POE and handed them your paperwork, and you will see the expiry date on the greencard.

And I believe if you spend to much time out of the USA, you would loose ur USA residency, or to do so, one has to fill lout more paperwork. And of course if ur spouse is a USA military member ur not going to loose ur residency because he gets posted out of country!!

[IR5FORMUMSIE 850]

Only time your Wedding anniversary means anything is when it comes to issuing

And I believe if you spend to much time out of the USA, you would loose ur USA residency, or to do so, one has to fill lout more paperwork.

I wonder if Mrs. Flames shares the same sentiment.

If you keep leaving the US on a greencard, the assumption will be that you wish to abandon US residence. The maximum allowable time to be out of the US is one-year without a permit and there is no guarantee that USCIS will not cancel permanent residence. If you need to be out of the US for two years, you would need to file a re-entry permit. It is allowed only once. SHH (smokin' hot hubby ) is better off getting citizenship and then deciding if he wants to live in the US or Canada.

[melusine 5]

yep.. i would wait for the citizenship too before making any other move.

[rae_and_scott 1]

I was under the impression that if you had a green card, 2-year or 10-year, if you left the US for more than 6 months you lost your green card. Is this wrong?

[IR5FORMUMSIE 850]

I was under the impression that if you had a green card, 2-year or 10-year, if you left the US for more than 6 months you lost your green card. Is this wrong?

From what I understand, the onus switches from USCIS needing to prove that you are no longer resdient in the US to the green card holder having to prove ties to the US after 12 months absence. They can pull you into an immigration hearing if they feel that you are not a bona fide resident at any time although I doubt that they will do it unless you frequently leave and re-enter the country. Once you are a citizen, they can't do this. If you are out of the US for more than six months, they will get suspicious.

[kcmetzy 0]

I was under the impression that if you had a green card, 2-year or 10-year, if you left the US for more than 6 months you lost your green card. Is this wrong?

From what I understand, the onus switches from USCIS needing to prove that you are no longer resdient in the US to the green card holder having to prove ties to the US after 12 months absence. They can pull you into an immigration hearing if they feel that you are not a bona fide resident at any time although I doubt that they will do it unless you frequently leave and re-enter the country. Once you are a citizen, they can't do this. If you are out of the US for more than six months, they will get suspicious.

How hard is it to become a citizen? Would my husband have to give up his Canadian citizenship, or would he be a dual citizen?

[Flames9_RN 358]

add that to list of questions asked weekly,lol just kidding!! But I did state the time frame in my first posting about usa citizenship. No he wont loose his Cdn citizenship, he will have dual! But in the eyes of the USA government, he would be a USA citizen. 90 days prior to the 3 yr mark of the date u activated ur cr-1 visa is when u can apply.