Please Help!!! Totally lost about what to do

[Simply_Human 0]

Hey Guys,

Thanks to this site I was able to find information and apply for a Green Card through the process of DCF.

My wife (US citizen) and I got married and lived in Canada together. We tried to make it here but it just isn't working out and so we filled for DCF and I got approved and got my Green Card. I went to the POE and completed that process and my Green card and SIN followed in the mail.

Problem: I still have a job here in Canada, I have all intentions of moving to US but my wife is pregnant and I want to have the baby delivered in Canada. I just don't want to move during my wife's pregnancy due to the stress it will put on her, not to mention the cost of delivering a baby in the US (as I will be on probation at any job if I move there and they will not give me insurance).

I have a green card, but on my passport I have a visa stamp that expires Aug 1st (same day as the baby is due).

I have no idea what to do and I am totally worried about being denied entry at the boarder as I go back and for a lot (since I do really plan to move to US once the baby is born).

Please tell me what options I have, this is the only place I can come for help.

Thanks!

[Deputy Purple 1,294]

Greencard supersedes the Visa and Entry Stamp, you're fine.

[NevisianDiamond 2]

All is well. You only need to worry if it was the greencard that was about to expire. Be mindful of being out of the US for longer than six months continuously though. If you ever decide to apply for US citizenship, it would become an issue. Congrats on the baby!

[Simply_Human 0]

Ok so that is a relief. I know the visa was in there for me to do the POE part to initiate the mailing of my greencard, but my last visit across the border (into US) I showed my passport (didn't have my Green card on me) and the border guard said they are becoming extra strict on this soon, my visa will expire as of August and they could deny me entry with my Green card after (once the baby is born and I am moving into US).

Really scared be. So to be clear, I need to make sure I am not out of the US for more than 6 months at a time (I usually end up going back every 3 months). Also even if my Visa on the passport is expired I will be ok entering the US as I will still have a valid not expired green card?

Thanks for all your help guys, I really don't need the added stress of loosing my Green Card after all the effort I've put into it, when I am so close to moving there.

[JimVaPhuong 4,863]

Ok so that is a relief. I know the visa was in there for me to do the POE part to initiate the mailing of my greencard, but my last visit across the border (into US) I showed my passport (didn't have my Green card on me) and the border guard said they are becoming extra strict on this soon, my visa will expire as of August and they could deny me entry with my Green card after (once the baby is born and I am moving into US).

Really scared be. So to be clear, I need to make sure I am not out of the US for more than 6 months at a time (I usually end up going back every 3 months). Also even if my Visa on the passport is expired I will be ok entering the US as I will still have a valid not expired green card?

Thanks for all your help guys, I really don't need the added stress of loosing my Green Card after all the effort I've put into it, when I am so close to moving there.

What you need is to be living in the United States. This is the one basic requirement for a permanent resident. If you are residing primarily in another country then they can revoke your green card.

The 6 month rule is simply that after a single absence from the United States for less than 6 months CBP will usually not suspect you've abandoned your US residency, nor look for evidence that you might have abandoned your residency. Between 6 months and 1 year they may look for evidence you've abandoned your US residency. Beyond 1 year they are required to presume you've abandoned your residency unless you applied for a reentry permit prior to leaving. These are general rules of thumb used by CBP.

However, if CBP determines at any time that your primary residence is not in the United States then they can conclude you've abandoned your residency. They can seize your green card. If you've been absent from the US for less than a year then they can parole you into the US and schedule you to appear in immigration court to determine if you've maintained your residency.

It sounds like you've got your green card but never really moved to the United States. In effect, you've never really established residency in the US. CBP could revoke your green card anytime. You shouldn't have used your visa and triggered production of your green card until you were ready to actually reside in the United States. Every time you cross the border you're taking a risk.