keeping US residency status while living abroad

[Simmy 3]

Hi there,

I'm a conditional US resident by marriage since January 2011, having immigrated from Canada.

I'm enjoying the warmer summers and my new family life. That said, my wife is wanting us to move to Canada. I feel that after a couple winters up north she's might wish she stayed.

So what I want to do is obtain Canadian residency for her (and her two children), move up north (where I still own my house), but without losing my American residency.

Will USCIS give me a re-entry permit for this (say, 2 years in Canada, or less if necessary)? When I state my intention -- to have my wife gain Canadian residency whereupon we can decide where we wish to live thereafter -- am I hurting or harming my cause?

Also, is this any different for permanent residents than conditional residents? If so, we could wait a few months before submitting the Cdn application as by the time that is processed, I will have been a conditional resident for 2 years and expect to successfully gain permanent status.

Our overall goal would be for both of us to have permanent residency in the other's country -- ultimately leading to dual citizenship for both of us. Work is not an issue as I am wholly laptop-based with a stable income. It's really down to weather (US wins) vs. political climate (Canada wins) whereupon if the political climate improves over the next few years in the US, we would have regretted leaving and me losing my US residency after all the hard work I put into getting it and being here.

Wanting the best of both worlds,

Simmy

[Jojo92122 1,924]

You can get a re-entry permit if you plan on residing outside the US for more than a year. With a re-entry permit, your time outside the US can not be used as a factor in determining if you have abandoned your legal residency status. You must maintain ties to the US to show that you have not abandoned your LPR status by living in Canada.

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

http://www.uscis.gov/USCIS/Resources/B4en.pdf

http://www.uscis.gov/USCIS/Resources/B5en.pdf

[Inky 1,111]

To me its not worth the risk of losing everything. If they feel you are not using the green card as its intended purpose they can remove it from you.

Its only 3 years to get citizenship if you stay married. I would just stay and get your citizenship and then go to Canada so you already have dual and she can work on hers. Then you can go visit the US without hassle. US immigration is way harder than Canadian, to me not worth losing the time and money already put in when you could move back to Canada with US citizenship in a couple of years if you so desired.

Edited September 13, 2011 by Inky

[AlinaH 38]

I agree with the above post. Wait a few more years till you get citizenship. It will make it so much easier for you, going back and forth. While I think it would be possible for you to do as you're saying, I personally wouldn't want to risk losing my greencard.

[Simmy 3]

a belated thanks for your responses.