Do I have to move to the United States as soon as I get my permanent residency status?

[bluesky1713 0]

My fiancee (US citizen) and I (Canadian citizen) are getting married this summer (July 7th) and are torn as to where we want to live/work. If I was to apply for my permanent residency status in the US, would I have to move/live there immediately after I am granted PR status in the US? If not immediately, how long do I have before I have to relocate to the US?

Thanks for the responses... I'm sure it's been asked before.

[Reba 2]

Well, considering it'll take about a year to process a CR1 visa anyway, and you'll be living in separate countries while you're waiting on it...

I think it expires 6 months after it's issued, but I'm not certain on that. You can though go back and forth for a while after you activate it and see which option will work best for you, but eventually they'll wise up to you and can revoke your status.

On the other hand, Canadian PR for your then husband would only take about 6 months to process from the time you apply, and then once he's got that, you can live together in Canada, and apply to the US if you decide Canada isn't where you want to live. Once you move to the US, your husband keeps his Canadian LPR status as long as he's married to and living with you. doesn't matter if you're not living in Canada. The US does not offer this option however, so if you moved to the US first, then decide you don't like it and moved to Canada, and decided again later to go back to the US, you'd have to start over again. If you follow...

for spousal immigration info to Canada go to http://roadtocanada.com

[milimelo 4,541]

You will have 6 months to activate the visa - enter the country.

[pushbrk 13,058]

My fiancee (US citizen) and I (Canadian citizen) are getting married this summer (July 7th) and are torn as to where we want to live/work. If I was to apply for my permanent residency status in the US, would I have to move/live there immediately after I am granted PR status in the US? If not immediately, how long do I have before I have to relocate to the US?

Thanks for the responses... I'm sure it's been asked before.

A little terminology problem. You don't actually have LPR status until you enter the US with the immigrant visa. From that point forward you need to maintain the status or lose it. Google, "maintaining permanent resident status". You have six months to use the visa after it's issued.

Another terminology problem is you're posting in the K3 forum but your profile says you're applying for an "N/A" visa. If you really are K3 and apply to adjust status, yes once the status is adjusted you must maintain it or lose it. See above.

Edited March 26, 2009 by pushbrk

[bluesky1713 0]

To clarify, I am a Canadian citizen and a male and she is the US citizen and female (my wife-to-be).

Pushbrk, I have not, as of yet, applied for any visas which is why my profile status is "N/A". I have revised that to K-3, though, so that people know that is what I will likely be applying for in the future.

From the sounds of it, after I have begun the LPR status change process (K-3 Spousal) and wait the year or so to be approved, I will have 6 months to locate to the US and officially "activate" my LPR status in the US. If we decide the US is "not for us", and leave to go back to Canada for the foreseeable future, I would lose my LPR status and work eligibility in the US. On the other hand, if my fiancee and I decide to live/work in Canada for the foreseeable future, she could apply and receive her LPR status in Canada (6 months or so) and would have that for as long as we are married regardless of where we are physically located in the world.

Am I understanding that correctly?

[milimelo 4,541]

You'd be better off with the CR-1 visa (no AOS needed like with K-3 and a lot less money required so you get to keep the $1010 for something else). It's only couple weeks longer wait time than K-3 but once you enter you're good to go - visa with the stamp serves as a temp GC and you can start working almost immediately (after you get your SSN).

[bluesky1713 0]

My apologies for my ignorance, but what is the difference between K-3 and CR-1 visas? They seem very much the same.

[pushbrk 13,058]

My apologies for my ignorance, but what is the difference between K-3 and CR-1 visas? They seem very much the same.

See the guides but yes, you would want a CR1 in most cases. However if you are from western Canada or wish to have more time to decide about actual permanent residence, a K3 may well be a good choice. K3 entry doesn't include permanent resident status upon entry but does allow you to apply for work authorization without applying for permanent residence. You then have a two-year window to come and go as you please, work with authorization and avoid the need to "maintain" the permanent resident status. At some time during the two years, though you would need to apply for the permanent resident status or leave.

[bluesky1713 0]

Well, considering it'll take about a year to process a CR1 visa anyway, and you'll be living in separate countries while you're waiting on it...

I think it expires 6 months after it's issued, but I'm not certain on that. You can though go back and forth for a while after you activate it and see which option will work best for you, but eventually they'll wise up to you and can revoke your status.

On the other hand, Canadian PR for your then husband would only take about 6 months to process from the time you apply, and then once he's got that, you can live together in Canada, and apply to the US if you decide Canada isn't where you want to live. Once you move to the US, your husband keeps his Canadian LPR status as long as he's married to and living with you. doesn't matter if you're not living in Canada. The US does not offer this option however, so if you moved to the US first, then decide you don't like it and moved to Canada, and decided again later to go back to the US, you'd have to start over again. If you follow...

for spousal immigration info to Canada go to http://roadtocanada.com

Reba,

I would like to also explore the option of living/working in Canada seeing as you mentioned the ability to keep and maintain LPR status in Canada once you have it regardless of where you are living worldwide (as long as you are still married). However, where can I go to confirm that this is the case or who can I call?

Thank you.

[Sandrila 1]

6 months

[Reba 2]

bluesky, check out http://roadtocanada.com forums for marriage based immigration info to Canada. Plus the Canadian Immigration website http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp for forms and guides etc.