Student upcoming marriage and honeymoon

[CanadianStateside 0]

Hi all,

I'm a Canadian in grad school in the USA and I am marrying an American in the summer. We are genuinely unsure which country we will reside in after I finish my studies toward the end of the calendar year. My fiancee is also finishing grad school and we are beginning to look at work opportunities in both countries.

I have a couple of questions that I'm still looking for answers to, even after many hours of internet research and would grately appreciate any advice:

1. What steps should we take to give us the most flexibility? Is it possible for each of us to sponsor one another for US green card/Canadian permanent-resident status while we are both living in the US, with us both still enrolled in school here?

2. More immediately, we have plans to leave the country to honeymoon in Canada after our marriage here this summer. I'm now worried whether we could encounter any problems on either side, even though I have legally been a student here for several years and my I-20 form is stamped for duration of status, i.e. until I do finish school? We don't plan to begin any paperwork until after our return from our honeymoon, and we are still unsure as to which side of the border we will end up settling. That's why we haven't yet begun to prepare paperwork for any sort of immigration process.

Thanks for any suggestions or wisdom you can impart.

CS

[Old Dominion 26]

It should be simple, but it never is with regard to our immigration laws. The moment you cease being a student, you lose your eligibility to remain in the U.S. Marrying an American won't change that. So your plan for a Canadian honeymoon may be perilous, resulting in your being denied re-entry into the U.S.

Otherwise, go ahead and marry and then file for the work permit and green card. At the same time, you can apply for advanced parole, which in about three months will allow you to re-enter the U.S.

As to Canadian laws, once she resides in Canada, she can apply for work authorization and their version of the green card based on your citizenship.

Once you get your U.S. green card, you must remain a resident of the U.S. You can travel outside the U.S. but not to take up residence elsewhere. Canada's regulations are probably the same.

[trailmix 77]

Hi,

First of all you should pretty much disregard everything Old Dominion has stated above - as it looks like he is just guessing about most of it and has imparted a

lot of incorrect information.

1. What steps should we take to give us the most flexibility? Is it possible for each of us to sponsor one another for US green card/Canadian permanent-resident status while we are both living in the US, with us both still enrolled in school here?

Yes - you could do this - but you would be wasting your money - one way or another. I will post something I posted for someone who asked the same question the other day:

To answer your question - probably. However, unless you are going to be able to juggle the residency requirements - it would be a waste of time.

Let's separate the two, as they have different sets of rules attached to them (briefly):

Canadian PR .

If you have been a permanent resident for less than five years:

show that you will be able to meet the minimum of 730 days physical presence in Canada at the 5-year mark.

If you have been a permanent resident for five years or more:

have been physically present in Canada for a minimum of 730 days within the past 5 years.

So basically, if there were some way that you could prove that you are able to meet the 730 days of physical presence at the 5 year mark beforehand - will you be living in Canada for at least 730 days over the next five years and be able to prove it when it comes time to renew your PR card? If not, I wouldn't bother applying at this point, you will be wasting your money.

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

2. More immediately, we have plans to leave the country to honeymoon in Canada after our marriage here this summer. I'm now worried whether we could encounter any problems on either side, even though I have legally been a student here for several years and my I-20 form is stamped for duration of status, i.e. until I do finish school? We don't plan to begin any paperwork until after our return from our honeymoon, and we are still unsure as to which side of the border we will end up settling. That's why we haven't yet begun to prepare paperwork for any sort of immigration process.

Yes, this will be a problem - maybe. The bottom line is, you cannot enter the United States on one type of visa (be it as a visitor or a student) with intention to immigrate. Let's assume you decide to live in the United States - you cross the border after your visit to Canada - they say, how long will you be staying here etc etc.

Now, you can answer truthfully and explain your situation and that you don't know if you will be settling in the U.S. or not - the border officer may or may not decide you are tellling the truth. I think this is a gray area really and no one can give you an answer that is 100%. Each case presented to the Border officer is different and it is up to them whether or not they let you back in - at any time.

[trailmix 77]

Oh I omitted an important piece of info too. Let's say that you do apply in both countries for each other and both PRs are granted. Although the U.S. does not allow you to be out of the country for a large period of time, Canada does - as long as you are with the Canadian citizen. That is why I was saying - maybe - to applying for both - however the waste of time/money part comes in if you decide to reside in Canada first because if you stay there for a few years you will lose the U.S. permanent residency.

Applying for a permanent resident card (PR Card) — Initial application, replacement or renewal (IMM 5445)

Appendix A: Residency obligation

Accompanying a Canadian citizen outside Canada link

You may count each day that you accompanied a Canadian citizen outside Canada provided that the person you accompanied is your

spouse or common-law partner; or

parent, if you are less than 22 years of age.

Edited March 8, 2009 by trailmix

[Reba 2]

I will add that if you try to apply for both LPRs at the same time, the USCIS can and will deny your application based on the concurrent Canadian application because they'll say you do not have intent to live permanently in the US. And they don't like that. There was another couple a few years ago on another Can/Am forum that this happened to. She was in the AOS process in the US (from K1), travelled home with her AP, went to go back to the US, and it somehow came up that they were also waiting on LPR paperwork for her hubby to move to Canada. They cancelled her AOS application there on the spot, and she was stuck in Canada for a year and a half waiting on hubby's paperwork to go thru so he could move, while he was here in the US waiting.

I'd suggest you pick one and go with it.

For info on Canadian immigration see http://roadtocanada.com