Question about going back/forth after visa issued

[TSC Blackhole 11]

Hi,

Hubby and I applied for our I-130 a LONG time ago and were involved in the TSC fiasco. Because it took so long, my unemployed husband finally has a good job in Canada. I know once we get our visa we have six months to activate it, but the problem is, he wants to work that Canadian job for at least a year because it's really good experience. If this whole TSC thing hadn't happened this would NOT be an issue. He just got his job, and I think our interview will be in 3 months, so we'd have to keep doing the back and forth thing for another 9 months.

Would it be an issue if hubby made his POE and then went back to canada in a week, but his main living address was still in the USA? He would come down on the weekends but work in Canada. This way he is a working member of society and contributing. Because if he moves to the city I live in, the unemployment rate is the highest in the country, and he will most likely not find a job for a very long time.

Is there someway we can make this work? Stupid TSC.

Thanks!!!

[YuAndDan 153]

Once crossing on the CR-1, the passport will act as a Green-card until an actual card arrives in the mail.

Could run into issues if the POE suspects more than 50% of the time is being spent outside the USA, they can always ask a lot of questions.

Is one of those grey areas.

[Veronik 19]

Alright, so someone might want to correct me on this, since I went the K-1 route, but he basically has a green card since you guys filled the I-130 CR-1, right? After he POEs?

If that's the case, it would seem logical to me that he can go back to visit/work after... I mean, isn't that the beauty of a green card? I don't know, maybe I don't know jack s**t, but it would make sense to me... Can he get a leave of absence from work, and maybe go back after a month or so? A week seems a little short...

I don't know, like I said I'm probably not the right person to help you here... Good luck either way!

[YuAndDan 153]

Alright, so someone might want to correct me on this, since I went the K-1 route, but he basically has a green card since you guys filled the I-130 CR-1, right? After he POEs?

If that's the case, it would seem logical to me that he can go back to visit/work after... I mean, isn't that the beauty of a green card? I don't know, maybe I don't know jack s**t, but it would make sense to me... Can he get a leave of absence from work, and maybe go back after a month or so? A week seems a little short...

I don't know, like I said I'm probably not the right person to help you here... Good luck either way!

Green-card is for residing, living and working in the USA, it is not a permanent border crossing card.

Maintaining Permanent Residence

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) (see the “INA” link to the right). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.

Abandoning Permanent Resident Status

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently
• Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
• Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
• Fail to file income tax returns while living outside of the United States for any period
• Declare yourself a “nonimmigrant” on your tax returns

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

Yes you can claim your residence is south of the border, however spending 5 days over, and 2 days in the states looks like being on average outside the USA more than 50% of the time, the POE can start to suspect something when they swipe the card many times over the course of a month.

[Ontarkie 14,435]

I think he should activate his visa just before its going to expire. If he really wants to keep this job for a year, that way he has 9 months since you figure interview in about 3 plus the 6m he has to use the visa then at least he will only be going back and forth for about 3 months. But again I'm not an expert how it works since he will be there 5 days a week, at least its something to look at.

[Canadiandggal 49]

I am not sure about the whole staying in Canada more then the states but I do know that Sara Jane continued to work in Canada for a bit. She did the daily drive back and forth to my knowledge so at least it is possible to still maintain work in Canada.

[LIFE'SJOURNEY 970]

Why not slow the whole process down and not get the GC until he is permanently ready to settle in the US. He can put his interview on hold for up to a year.

He can continue to go back and forth as a vistor.

[YuAndDan 153]

Why not slow the whole process down and not get the GC until he is permanently ready to settle in the US. He can put his interview on hold for up to a year.

He can continue to go back and forth as a vistor.

Very good point, can always delay at NVC by not sending the DS-230 and documents, possibly calling them and asking if that is fine, they will typically hold the case for up to 1 year.

[TSC Blackhole 11]

Thanks for the many good suggestions. I do think the best thing to do is hold off on finishing our petition. I just paid the IV fee yesterday, and haven't sent in my DS-260 yet. Can I get to the point where the case is closed, and then schedule my interview for up to a year later?

THanks!

[TSC Blackhole 11]

Green-card is for residing, living and working in the USA, it is not a permanent border crossing card.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

Yes you can claim your residence is south of the border, however spending 5 days over, and 2 days in the states looks like being on average outside the USA more than 50% of the time, the POE can start to suspect something when they swipe the card many times over the course of a month.

Hey, I just read up on that USCIS link. I seems like my hubby would still be labeled as a Permanent Resident of the USA if he filed taxes and wasn't away for more than a year. I've included the text below from USCIS. Maybe I'm not being very realistic

You may be found to have abandoned your permanent resident status if you:

Move to another country intending to live there permanently

Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year

Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year

Fail to file income tax returns while living outside of the United States for any period

Declare yourself a “nonimmigrant” on your tax returns

[Heather&Matt 0]

I am not sure about the whole staying in Canada more then the states but I do know that Sara Jane continued to work in Canada for a bit. She did the daily drive back and forth to my knowledge so at least it is possible to still maintain work in Canada.

I plan on doing the same for at least six months after moving in with my husband. To my knowledge, after talking to a couple of Customs Officers, it is okay to cross back and forth to work. One border guard said that I should keep my job in Canada after the move cause I would have a hard time doing what I do in Buffalo.

[Flames9_RN 358]

There are numerous CDN VJ members that are stil on their greencard that commute daily6 back and forth from the USA to Canada for work. 1 is even a Cdn Border official!

There is a permit that one has to file if your going to be out of the USA for a year---but no clue how it works if your going to be returning on the weekends to Canada!!

[LIFE'SJOURNEY 970]

I plan on doing the same for at least six months after moving in with my husband. To my knowledge, after talking to a couple of Customs Officers, it is okay to cross back and forth to work. One border guard said that I should keep

my job in Canada after the move cause I would have a hard time doing what I do in Buffalo.

How does he know that, he probably only know what he does on a daily basis. Will he be there when another CBP denied you entry on a given day? Please don't count on advice given by a CBP as a SME.

[TSC Blackhole 11]

Good to know other people are in a fairly similar situation. Too bad that we're a 6 hour drive apart and a daily commute isn't possible

[Heather&Matt 0]

How does he know that, he probably only know what he does on a daily basis. Will he be there when another CBP denied you entry on a given day? Please don't count on advice given by a CBP as a SME.

I wasn't taking his word as gospel...I was just adding a point.