Can I returned to USA if my GC is mailed to me

[Sergi9 110]

I am sorry but this is not useful information. As a visitor in the US who married a US citizen and then applied to obtain Permanent Residency status you had to remain in the US until one of two things happened: you either received a travel document known as Advance Parole or you received your green card. If you leave the US while your application is still under consideration and do not have an AP, then you are considered to have abandoned the AOS process. It doesn't matter about getting a waiver or re-entering the US. You can only re-enter as a visitor. You cannot stay in the US. (if you entered on an employment visa some do allow travel - it would depend if your employment visa was still valid and allowed for re-entry if you would be able to use it to return.)

??? Where does the OP say that he entered with a tourist visa to AOS?

[rika60607 215]

Here! In response to my question about what visa he used last time he entered the US.

As a Canadian I don't need Visa to enter the USA

[Kathryn41 3,205]

right. Only visitors from Canada don't require actual visas in hand to enter the US. If you enter for any other purpose you require the appropriate visa.

There are a number of unanswered questions here that will affect the situation. How did the OP enter the US? How long has he been living in the US? Has he been working in the US and if so has he had a visa to do so? He mentions having an old EAD - so how did he qualify for that? He mentions being married for 4 years - why have they not applied for a green card before this? If he has been living in the US for more than 6 months, then how did he get medical care in Canada as once you are outside of Canada for more than 6 months you are no longer eligible for medical coverage? A lot of unanswered questions but because he states he entered without a visa, that implies he entered as a visitor - although he also states he has never been out of status, so I am curious about that part too.

Edited July 11, 2011 by Kathryn41

[Brandi n Michael 8]

The medical part is an easy question to answer to how the OP got care.

As long as you still have a medical card you receive care.

They don't check to see if you live in Canada or anything. You just show your card and good to go, at least in Manitoba that is. It is supposed to be a 3 month residency requirement to get care but whatever. 6 months after you leave you are supposed to loose it, but like I said they don't check.

Personally if I did not receive AP during the application process I would wait to get the GC if I knew I had been approved and was only waiting for the card but....

if you haven't had an interview and are still in limbo on whether or not you are approved you might be in position where you will have to apply all over again...

[canadian_wife 1,827]

OP keep in mind, if your green card has been approved, you may not be eligible for provincial health care as it requires you to be a resident of the province, if your green card is approved you are a resident of the US.

How long have you been out of Canada?

good luck

[rika60607 215]

Can't you be a resident of both?

I do not think that GC approval excludes a person from being a resident elsewhere, unless Canada has a special provision for it.

OP keep in mind, if your green card has been approved, you may not be eligible for provincial health care as it requires you to be a resident of the province, if your green card is approved you are a resident of the US.

How long have you been out of Canada?

good luck

[bigdog 376]

I am Canadian and my wife is American up to two week ago I was in the USA with her, My Green Card is pending and soon to be approved I have EAD card also. 3 weeks ago I was told by USA doctor that I might have a medical problem with my prostate however we did not have health insurance and I was not working got laid off, the doctor informed me to get the procedures done in the next few day I had no option but to leave and get treatment in my home country Canada. I will know at the end of July if all is OK so far all test is looking good. Now we have a issue I would like to rejoin my wife of 4 years but I am concerned that if I try to enter the USA with my Canadian pass port and they see that I have a pending GREEN CARD they might not let me in. My wife was saying that I can wait in Canada until my Green Cards come to our address in the USA and she will mail it to me. I figure this will only work if the green card was approved before that date I left. Now I here about the AP status that I could get but as I said my health came first so I did not have the option to wait to do this and I needed to get this medical procedure done ASAP in Canada. We are unsure what to do should we wait for the green card and if it was approved before the date I left I can enter or even if was approved after the date I left can I use it to enter or should I just stay in Canada and we start the immigration process gain.

Any help on this would be great - one other thing I have never been out of status in the US.

Thanks

You left the US without an AP, try for a waiver, I would get some for information and what type of visa did you enter us on before?

[canadian_wife 1,827]

Can't you be a resident of both?

I do not think that GC approval excludes a person from being a resident elsewhere, unless Canada has a special provision for it.

Provincial health care is based on taxes, if you are a US resident you aren't paying provincial taxes...hence not eligble for Canadian health care

Good luck

[rika60607 215]

Ah, how interesting!

So you can stop paying provincial taxes based on the fact that you have a GC? That is very unusual. US taxes are due regardless of where the US citizen or LPR lives (but there is a foreign earned income allowance). Most other countries will tax based on residence in them (they don't care if you have a GC and they do not ask either).

Provincial health care is based on taxes, if you are a US resident you aren't paying provincial taxes...hence not eligble for Canadian health care

Good luck

[canadian_wife 1,827]

Ah, how interesting!

So you can stop paying provincial taxes based on the fact that you have a GC? That is very unusual. US taxes are due regardless of where the US citizen or LPR lives (but there is a foreign earned income allowance). Most other countries will tax based on residence in them (they don't care if you have a GC and they do not ask either).

This is the lecture I got from CRA. No taxes...no healthcare.

Good luck

[Krikit 1,165]

oabrown,

The moment you are out of the country for 183 days, Canada deems you a non-resident. At that point you are no longer eligible for healthcare. At some point in time you are going to receive an invoice.

As for whether the US will allow you to reenter..... it brings us back to how long you were in the US prior to departure. If you've been in the US past the allowed time, they'll refuse you entry. If you have taken up residence there and have left without being approved for the AP or residency, that is also a reason for refusal.

Ah, how interesting!

So you can stop paying provincial taxes based on the fact that you have a GC? That is very unusual. US taxes are due regardless of where the US citizen or LPR lives (but there is a foreign earned income allowance). Most other countries will tax based on residence in them (they don't care if you have a GC and they do not ask either).

Once a Canadian leaves the country they are no longer required to file taxes unless they have some sort of income from there. So it's not based on having a GC, it's based on country-specific income. The US doesn't care where you live if you're a citizen. They still want you to file your return. However, Canada and the US have a tax treaty wherein you don't get taxed twice on the same income.

[rika60607 215]

Okay, thanks! The 183 day rule makes sense. I was a bit thrown off by the whole concept of not being eligible for healthcare in Canada the moment you are approved for GC. Who knows, may be I will move to Canada one day

Once a Canadian leaves the country they are no longer required to file taxes unless they have some sort of income from there. So it's not based on having a GC, it's based on country-specific income. The US doesn't care where you live if you're a citizen. They still want you to file your return. However, Canada and the US have a tax treaty wherein you don't get taxed twice on the same income.

[Krikit 1,165]

Okay, thanks! The 183 day rule makes sense. I was a bit thrown off by the whole concept of not being eligible for healthcare in Canada the moment you are approved for GC. Who knows, may be I will move to Canada one day

It can be less than 183 days if you have taken up residency elsewhere. 183 days is just the default cutoff point.

Canada is an awesome country.

[Krikit 1,165]

Can I just ask how you know your GC is pending? Have you had your interview? It's honestly quite difficult to give you a response of any value when we don't have pertinent details.