Odd Question, Moving to Canada with Wife who has Conditional Green card?

[Loueikun 5]

I think this is the opposite, but here is the situation

I am currently awaiting for my wife to get her CR1 interview appointment in China. I am a US citizen in California now.

My current job is sort of pondering the idea of having to transfer me to Montreal. I would get a work permit via my company if I am told to transfer. My salary in the meantime will double which sounds good, but....

I know that spouses can follow and get a work permit if you have been sent to canada and a company gave you a skilled worker work permit, but.... she is in the process for a CR1 and if this happens, I will end up in Canada well before she even gets her POE plans.

I am having a hard time trying to find forums based on this situation.

How will she be able to maintain a conditional green card in Canada or will Canada even let her enter? She would do POE in US then I bring her into Canada?

I want to study this more before or I may have to definitely avoid any transfer to Canada.

My parents reside in the US, and I could change all my address info to my parents home to collect the green card / SSN.

Anyone ever see a situation like this? I just do not want to get into some situation where I am in cAnada then I have to transfer out back to USA, and she get stuck in Canada or something.

[pocheros 101]

Not really sure this is the appropriate forum but it sounds like a VERY sticky situation. I would beg your boss to let you stay in the US- you have a good reason! I can't imagine USCIS or DoS would be fond of your spouse not living in the USA upon her arrival. That's not even delving into whether or not she can follow you into canada.

[dukeandduchess 141]

I'm not entirely sure of the details of this but I know I've seen others mention situations about going home/living other places. To maintain your wife's green card she would have to live in the US the majority of the year.

Sorry I can't help much more than that, but I'm sure others will.

[pocheros 101]

Yeah, I'd be concerned about your wife's green card in the USA being revoked before even considering her potential status in Canada.

Edited November 22, 2011 by pocheros

[Loueikun 5]

Yeah I think way too much red tape, I will focus on staying in the US.

[Loueikun 5]

Yeah the only alternative would be, she cancel CR1. And just go to Canada as a Temporary Worker and apply for open work permit as following spouse since my permit would be an A category so she would qualify to get open work permit.

Then down the road it would have to be a DCF at Montreal I guess if I transfer back to USA. but once again Id have to prove new US Domicile again. too much headache plus the French will confuse her too much.

[pocheros 101]

DCF doesn't even exist in Canada anymore as of August 2011. That's only one of many nitpicks though... honestly just way too many opportunities to mess it up somehow and accidentally deport your wife by the sound of it. As you've already said, staying in the US is the best option right now

[warlord 73]

You can look into the re-entry permit http://www.uscis.gov/USCIS/Resources/B5en.pdf This may work in your situation (it's been several years now remembering how the process exactly works), so best to just check that page if you do think it might work for you. The issue with this is, that your wife would reset her timeline clock. That one is a lot harder to preserve (usually only for military and US government employees stationed outside the US).

But yes, nothing wrong with just remaining in the US and waiting for your wife to at least secure US citizenship, after that you can go pretty much anywhere without the need for all these things...

[Darnell 8,478]

or

have her POE into the USA. Have her get the Canadien Work Permit thingie you mentioned.

THEN she goes across the border, from Canada to USA, every month on a weekend.

Think about it a bit, eh? Double the money can have it's benefits.

Edited November 22, 2011 by Darnell

[Loueikun 5]

Yeah, I could do that, still have "permanent address" in US and I am sure USCIS may not cancel it out if I am always with her traveling back and forth to Vermont or something once in a while. I am sure they may understand I am up in Canada temporarily due to job if they start questioning and also Id still be filing taxes jointly with her in US as well. The double the salary is tempting to me still cause Montreal is not that expensive vs. San Francisco. but I am also pending on same position but in another US location, so I will wait and see about that one first.

[SapphireDreams 71]

If you could time it properly, you could have her enter with the CR-1, get her greencard and then apply to get permission to have her live out of the country with you. I can't remember what it's called, but it is possible. Would work out better though if she could enter and live in the US for a couple months first with you and then you got transferred. Also, I believe she would be granted permission for only a year, so it wouldn't be a permanant solution.

You could also just have her go straight to Canada on what visa they would require, skip the CR-1 for now and then just reapply for the CR-1 if you decide to move back to the US. You'd lose the time and money you spent doing the CR-1 now though.

[warlord 73]

or

have her POE into the USA. Have her get the Canadien Work Permit thingie you mentioned.

THEN she goes across the border, from Canada to USA, every month on a weekend.

What would this accomplish? Coming back one weekend every month will do nothing. If someone is residing outside the US they are residing outside the US and this will not prevent the resetting of the time clock. And without a valid Re-entry permit, this would also be grounds for revocation of the Green Card. USCIS can determine if someone is legitimately working and living outside the US or not. Trying to skirt the system by thinking USCIS will fall for a one weekend visit a month to pretend to satisfy residency is opening up the door for a lot problems you don't want to deal with regarding INS...

[Darnell 8,478]

You aren't thinking about the time clock for USCitizenship status, are you? I made no mention of any time clock, but...

In the scenario I've described, there is no clock for USCitizenship - she'll have to start over 'with that clock' once her husband and her move back to USA.

Usually, is different time clock for any ROC case, compared to USCitizenship case.

Perhaps you're thinking of a time clock for being outside of the country for more than 6 months? In my scenario, the once-a-month trip actually handles that requirement, rather nicely. -- no re-entry permit needed at all.

But hey - perhaps I'm confused? Care to explain a bit more about 'the clock' ?

Edited November 22, 2011 by Darnell

[Inky 1,110]

You aren't thinking about the time clock for USCitizenship status, are you? I made no mention of any time clock, but...

In the scenario I've described, there is no clock for USCitizenship - she'll have to start over 'with that clock' once her husband and her move back to USA.

Usually, is different time clock for any ROC case, compared to USCitizenship case.

Perhaps you're thinking of a time clock for being outside of the country for more than 6 months? In my scenario, the once-a-month trip actually handles that requirement, rather nicely. -- no re-entry permit needed at all.

But hey - perhaps I'm confused? Care to explain a bit more about 'the clock' ?

The only thing about going back and forth every month is that CBP are quick and they will notice shes traveling once a month for a few days only back and forth and they will take away the green card because its being abused and she is not living in the USA.

[Darnell 8,478]

Inky - thanks for chiming in. Yup, that's the danger spot, absolutely !