Moving to Canada after filing I-751

[0live 0]

Hello. I'm new here, so I hope some of you have been through a similar situation and can offer advice. I'm a conditional permanent resident married to an American citizen. My permanent resident card expires in November, so we'll be filing I-751 in August. My husband, who has been unemployed for the past year, and has had no luck at all getting a job in the U.S., was recently offered a very promising new job in Canada. He accepted it, and we're both really excited about getting a new start. However, this complicates my situation. I'm really afraid of losing my residency after moving. Once we move, we won't have a permanent residence here, so I don't know what to do, or how to show that we still have ties to the U.S. My husband's family is here, but that probably won't help. We're planning to keep a joint bank account open here, but I'm not sure what else we can do. We've considered renting a small place in the U.S., just to show that we still have ties here, but then we'd have to live apart at least some of the time.

Has anyone here been in a similar situation? Do you have any advice on what to do or what not to do? Is it possible to live in Canada and just drive back to the U.S. from time to time to visit friends and family, and for any interviews or biometrics? We don't know if the job in Canada will be permanent for us, so we're open to moving back to the U.S. in the future if an opportunity arises.

Thank you.

[criandjen 0]

We are in a similar situation in that my husband is Italian and I am American. Since acquiring the greencard, he has not been able to find a job in the U.S. so he has held onto his job here in Italy. For the past 2 years, we have gone back to America twice a year, staying 2 weeks to a month at a time.

We just applied for the removal of conditions and received our appointment for the biometrics already. From what we have understood from reading posts on this website, we still have the right to apply for removal of conditions as the removal of conditions is more to prove that you are still married (I even confirmed this by calling the USCIS). Keeping a joint bank account is key and plus since your husband is American, he will still be required by the US government to file US taxes, even while working outside of the US.

We supplied evidence such as joint bank account, my 401K where he is the beneficiary and taxes (filed jointly). We don't have anything to prove we are physically living in the US which might be a problem down the line but I think that issue of residency is more an issue when you go to apply for citizenship. It is best to give your 'story' a bit on the cover letter when submitted your I-751, explaining the situation. It seems to be more common now, especially with the economy the way it is. Good luck!

[0live 0]

Thanks for the information criandjen. So, does USCIS send letters/correspondence to you at a U.S. address since you're in Italy? We're just wondering how to handle that once we're in Canada. We're thinking about using my in-laws address (my husband's dad) as our postal address in the U.S. Do you know if USCIS would have any objection to that? I assume it wouldn't look good, or even be possible, to list a Canadian address as our postal address.

[0live 0]

I am also wondering if I should apply for a reentry permit before we leave. If I apply for removal of conditions in August, and apply for a reentry permit at the same time, would that affect the USCIS decision on the Removal of Conditions?