Maintaining permanent residency

[Dan and Ali 3]

Hey everyone --

This a question for any of you who have any experience with the legalities of maintaining permanent residency and/or temporarily moving away from the US once permanent residency has been obtained.

Here's the situation: My employer is aware that I am leaving and that is all well and good. The industry I work in is very high volume at the end of the fiscal year and they regularly offer contracts (3 months) for this rush. Last week after I gave my boss my official notice, the first question she posed me was, "Would you be willing/able to help us out next spring if the need arises?" I told her I didn't know, and at the time it was sort of a "yeah right!" but after I told my fiance about it, we got to thinking ... is that even a possibility? Would I be allowed to come back to Canada, live with a friend/family member temporarily while I work in a short-term contract position?

From the USCIS website I know that leaving the US for 6 months or more is a bad idea, and I know that you cannot leave the US to permanently reside in another country ... but what if it is less than 6 months, and only temporary? I realise this may be more trouble than what it's worth, but now I'm curious. Assuming I am not successful in finding a full-time job, this would be a huge financial relief for us ... but is it worth it?

Any experience/insight would be greatly appreciated. Thanks everyone

[Bobby+Umit 161]

Hey everyone --

This a question for any of you who have any experience with the legalities of maintaining permanent residency and/or temporarily moving away from the US once permanent residency has been obtained.

Here's the situation: My employer is aware that I am leaving and that is all well and good. The industry I work in is very high volume at the end of the fiscal year and they regularly offer contracts (3 months) for this rush. Last week after I gave my boss my official notice, the first question she posed me was, "Would you be willing/able to help us out next spring if the need arises?" I told her I didn't know, and at the time it was sort of a "yeah right!" but after I told my fiance about it, we got to thinking ... is that even a possibility? Would I be allowed to come back to Canada, live with a friend/family member temporarily while I work in a short-term contract position?

From the USCIS website I know that leaving the US for 6 months or more is a bad idea, and I know that you cannot leave the US to permanently reside in another country ... but what if it is less than 6 months, and only temporary? I realise this may be more trouble than what it's worth, but now I'm curious. Assuming I am not successful in finding a full-time job, this would be a huge financial relief for us ... but is it worth it?

Any experience/insight would be greatly appreciated. Thanks everyone

If you have your greencard in hand, I don't see why you could not do this. You would be gone less than 6 months.

BTW - leaving for more 6 months is not a "bad" idea, you just need to cover yourself if you intend on staying out longer than that (re-entry permit for 1 year or longer)

You will have to account for the time if you intend on becoming an USC.

[Wishing 1]

Related question...I am pursuing K1, and am not yet in US, hoping to be moving down by late summer. There is a possibility that myself and my future US spouse would be living overseas for up to one year within the first few years I move to US. Would this be a problem, while I have the green card in hand and before I have US citizenship?

[Dan and Ali 3]

If you have your greencard in hand, I don't see why you could not do this. You would be gone less than 6 months.

BTW - leaving for more 6 months is not a "bad" idea, you just need to cover yourself if you intend on staying out longer than that (re-entry permit for 1 year or longer)

You will have to account for the time if you intend on becoming an USC.

That's kind of what I thought, but I just wanted some other insight

Thank you!

[Brother Hesekiel 2,236]

The key is (1) that the absence from the US is only for a short duration (in your case less than 6 months) and (2) that you maintain your US residence. If you were to sell everything, cancel your phone and utilities, and move to Canada with wife and child, dog and cat, the CBP officer could see this as an abandonment of residency. But if you still have your wife and your stuff and your dog and your cat and your place to live, it's certainly not an abandonment of residency but a temporary work commitment, which you should dress up a bit and present it as such, should you get questioned.

[Bern. 3]

Related question...I am pursuing K1, and am not yet in US, hoping to be moving down by late summer. There is a possibility that myself and my future US spouse would be living overseas for up to one year within the first few years I move to US. Would this be a problem, while I have the green card in hand and before I have US citizenship?

Overseas with the military? If so, you'll be fine. =)

[Wishing 1]

Overseas with the military? If so, you'll be fine. =)

No not for military...would be for one year of training for an airline job. I suppose if I came back after 6 months for a month and then went back that might work... In any case this may or may not happen, just looking ahead. I really should work on just living in the present

[Kathryn41 3,205]

No not for military...would be for one year of training for an airline job. I suppose if I came back after 6 months for a month and then went back that might work... In any case this may or may not happen, just looking ahead. I really should work on just living in the present

You would want to file for a Re-entry Permit. This is a document that states you are temporarily outside of the US (in this case for training purposes) and will be returning to the US when the time is up, that you have no intention of giving up residency in the US. You can be out of the US for up to 2 years with this although you would have to re-set the clock back to 0 for qualifying residency and physical presence for naturalization purposes.

Edited March 30, 2010 by Kathryn41

[Brother Hesekiel 2,236]

A reentry permit for a 6-month absence?

[ashenflowers 5]

Dan and Ali... is this by chance a job that you could do remotely from within the U.S. without having to move back to Canada?

[Bobby+Umit 161]

A reentry permit for a 6-month absence?

The other poster (Bern) is asking about a departure for more than an year (this isn't the OP).

[Brother Hesekiel 2,236]

My bad.