Maintaining Residency while studying in Canada, Conditional Green Card

[leash5 3]

Hi,

Wondering if anyone can help out...

I have my AOS appointment in a few weeks. Whether or not it is approved, I hope to be able to attend a grad school program in Canada lasting two years. I would be leaving about 6 months after obtaining the conditional green card (if I am indeed approved).

Does anyone know if it is possible for me to maintain my potential US residency status while in Canada studying? I have read about re-entry permits, but as I understand it, that is if you will be out of the country more than one year continuously. We plan to visit our in laws in the USA likely for Thanksgiving and Christmas each year, and likely spend about 10 days down here in the summer. My husband will also continue to play with his band, so we'd like to be down here one weekend a month. I'll be studying in Montreal. He is a USC from New York, so the driving commute is not too bad. We do not own a house. We'd file taxes here but I am not sure what else to do to maintain residency-- and as a Canadian I THINK I am allowed in and out of the USA for frequent visits with or without a green card, but not sure how it might affect my residency. After finishing my program we want to move back here right away.

Thanks ahead for any advice!

[Darnell 8,478]

you could, instead, plan for multiple short trips into the USA, and also spend all holidays and vacations in the usa.

montreal to nyc is a cakewalk, yes? should be easy peasy, with that 'one weekend a month' border crossing.

at some point, though, please consider any 'us domicile' issues that you two might have.

[leash5 3]

at some point, though, please consider any 'us domicile' issues that you two might have.

Thanks for the response. Not sure what you mean by the above? Sorry... having a confusing time looking in to this matter.

So, if we are going back and forth frequently, but not actually living in the US, you think that might be ok? They'll ask me at the border and i will say i am studying temporarily in canada?

[gnasa 3]

I'm not clear about how an IO would interpret your planned temporary living for study reasons in canada. I'd be interested in learning others opinions about how to maintain US residency while abroad for study or work.

Anyway, if I were you, I would still get a re-entry permit because it is the best thing I know of to show that you have intent to reside in the US (other than owning a house, in addition to US taxes, bank account, credit cards, etc.). Note that the 1st re-entry permit you get will expire something like ~90 days before your conditional GC expires (at which time you + spouse have to apply to have conditions removed, yielding a 10 yr GC) OR it'll expire when your conditional GC expires (I cant remember which it is). Anyway when re-entry permit expires, it is possible to obtain another/renew the re-entry permit, I've heard this is OK for 1 to 2 times but have not had to renew yet (my spouse is GC holder and I'm working in Europe for the next ~2years, see how to expedite re-entry permit thread)

[leash5 3]

I'm not clear about how an IO would interpret your planned temporary living for study reasons in canada. I'd be interested in learning others opinions about how to maintain US residency while abroad for study or work.

Anyway, if I were you, I would still get a re-entry permit because it is the best thing I know of to show that you have intent to reside in the US (other than owning a house, in addition to US taxes, bank account, credit cards, etc.). Note that the 1st re-entry permit you get will expire something like ~90 days before your conditional GC expires (at which time you + spouse have to apply to have conditions removed, yielding a 10 yr GC) OR it'll expire when your conditional GC expires (I cant remember which it is). Anyway when re-entry permit expires, it is possible to obtain another/renew the re-entry permit, I've heard this is OK for 1 to 2 times but have not had to renew yet (my spouse is GC holder and I'm working in Europe for the next ~2years, see how to expedite re-entry permit thread)

Thanks for the detailed info. What I wonder is, if I am coming back and forth for Christmas and Thanksgiving and rehearsals, when do I show the re-entry permit? Each time? Or is it a one time deal-- in which case I'd be coming back for Thanksgiving very shortly after leaving... confused!

[gnasa 3]

Thanks for the detailed info. What I wonder is, if I am coming back and forth for Christmas and Thanksgiving and rehearsals, when do I show the re-entry permit? Each time? Or is it a one time deal-- in which case I'd be coming back for Thanksgiving very shortly after leaving... confused!

No worries. If you choose to get a re-entry permit, I think it is a physical document shaped/constructed like a passport (my wife hasn't received hers yet). You could show it each time, or wait until an IO gives you trouble entering US, I'm not sure what the appropriate procedure would be? When granted, it is not a one time deal, it is valid until it expires I beleive. I also think a re-entry permit is all you need to show to enter, as it is an official US travel document. But like I've said, the possession of a re-entry permit is very good evidence of your intent to permanently reside within the US (a GC requirement), but not everything they consider if you get pulled aside and judge tries to take your GC away for "abandoning residency" (US resident taxes absolutely required, etc.)