Seperating with 10 yr GC..living in Canada working in US

[lynamon 0]

I've posted this in appropriate forum but I thought that I would post this here to see if there are any Canadians with a similar situation ....

Here's the situation ... I'm a Canadian citizen and currently have a 10 year green card. My husband and I are having marital issues and I would like to seperate. I work for a US corporation with a head office in Niagara Falls, NY. I would like to live with my sister who is in Canada and 45 minutes away from the US head office and travel 3 days a week to the US office to work along with some travel within the US for work purposes. I qualify for naturalization which I'm intending to apply for citizenship and if things don't work out with the seperation once I do get my citizenship I plan on living in Canada and working in the US for a US based company as a dual citizen of both Canada and the US.

I'm concerned that my permanent residency may be deemed abandoned and whether or not the border guards will give me a hassel travelling back and forth across the border by land.

[Flames9_RN 358]

exactly--as a Permanent Resident of the USA you have to LIVE in the USA. If the POE officer believes ur no longer LIVING in the USA, they have every right to take away your Greencard. I would be applying for USA Citizenship ASAP. When u apply for citizenship, One has to list every visit one takes for 24 hrs or longer outside of the USA.

[lynamon 0]

exactly--as a Permanent Resident of the USA you have to LIVE in the USA. If the POE officer believes ur no longer LIVING in the USA, they have every right to take away your Greencard. I would be applying for USA Citizenship ASAP. When u apply for citizenship, One has to list every visit one takes for 24 hrs or longer outside of the USA.

I will be applying for naturalization asap. My residence will still be with my husband during the seperation although I will be temporarily staying with my siser to be closer to the head office in New York to work on a special project. Is that acceptable as far as the border guards are concerned?

and by the way ... it's nice to see you're still on here Flames9_RN ... I was around when you were still going through school to be an RN

Edited May 25, 2012 by lynamon

[Kathryn41 3,205]

You appear to be within striking distance of applying for Citizenship based upon 5 years as a Permanent resident so your best choice would be to file right away. Citizenship takes a much shorter time to obtain than any of the previous immigration benefits. If you decide to separate before you get your citizenship, your eligibility isn't affected although you will have to update the information at the interview or the oath ceremony.

That being said, if you separate, you can't be using a non-American address to correspond with USCIS about your citizenship application. If you are staying with your sister you should plan on it being for a short time only while you obtain a new US address.

You need to be residing in the US in order to have your green card. I am sorry that you are having problems in your marriage, but if you do decide to separate, do not leave the US to go and live in Canada with your sister. If you take up residency outside of the US you are deemed to have abandoned your green card and are no loner eligible to use it. It may well be confiscated on one of your cross border trips in to work which would be tragic since you are so close to becoming a citizen. You would be better off finding a temporary US address instead and plan on moving in with your sister after you obtain your US citizenship. It won't be a matter of years but a matter of months.

Since you are eligible for citizenship, start that process now. Plan to remain in the US until you obtain your citizenship (have the oath) and can obtain a US passport as you will need to have either a passport or one of the other designated proofs of citizenship in order to be allowed to re-enter the US from Canada. Apply for the citizenship card at the same time as the US passport and you can use that to travel back and forth more easily than with the passport, unless you fly in.

Good luck.

I will be applying for naturalization asap. My residence will still be with my husband during the seperation although I will be temporarily staying with my siser to be closer to the head office in New York to work on a special project. Is that acceptable as far as the border guards are concerned?

and by the way ... it's nice to see you're still on here Flames9_RN ... I was around when you were still going through school to be an RN

Yes, that should work, especially since you would be applying based upon a 5 year residency rather than the 3 year spousal option.

Edited May 25, 2012 by Kathryn41

[lynamon 0]

You appear to be within striking distance of applying for Citizenship based upon 5 years as a Permanent resident so your best choice would be to file right away. Citizenship takes a much shorter time to obtain than any of the previous immigration benefits. If you decide to separate before you get your citizenship, your eligibility isn't affected although you will have to update the information at the interview or the oath ceremony.

That being said, if you separate, you can't be using a non-American address to correspond with USCIS about your citizenship application. If you are staying with your sister you should plan on it being for a short time only while you obtain a new US address.

You need to be residing in the US in order to have your green card. I am sorry that you are having problems in your marriage, but if you do decide to separate, do not leave the US to go and live in Canada with your sister. If you take up residency outside of the US you are deemed to have abandoned your green card and are no loner eligible to use it. It may well be confiscated on one of your cross border trips in to work which would be tragic since you are so close to becoming a citizen. You would be better off finding a temporary US address instead and plan on moving in with your sister after you obtain your US citizenship. It won't be a matter of years but a matter of months.

Since you are eligible for citizenship, start that process now. Plan to remain in the US until you obtain your citizenship (have the oath) and can obtain a US passport as you will need to have either a passport or one of the other designated proofs of citizenship in order to be allowed to re-enter the US from Canada. Apply for the citizenship card at the same time as the US passport and you can use that to travel back and forth more easily than with the passport, unless you fly in.

Good luck.

Yes, that should work, especially since you would be applying based upon a 5 year residency rather than the 3 year spousal option.

Well ... I've been in the US since July 26th 2007 but actually approved for my 2 yr green card 02/21/2008 so technically it will be the 3 year spousal option.

[Kathryn41 3,205]

Ok - if you are using the 3 year option you cannot be separated from your husband when you take your oath. You must still be in a viable marriage so you may wish to rethink the timing of your separation. You are asked this question specifically on both the form,at the interview and again on the day of the oath ceremony. If you are separated and the marriage is no longer viable, then you are not eligible to apply based upon a 3 year marriage. You must also continue to meet the residency and the physical presence requirements and every day you are in Canada will deduct one day from that total. Depending on how many other days you already have out of the country that may make things problematic.

Edited May 25, 2012 by Kathryn41

[lynamon 0]

Ok - if you are using the 3 year option you cannot be separated from your husband when you take your oath. You must still be in a viable marriage so you may wish to rethink the timing of your separation. You are asked this question specifically on both the form,at the interview and again on the day of the oath ceremony. If you are separated and the marriage is no longer viable, then you are not eligible to apply based upon a 3 year marriage. You must also continue to meet the residency and the physical presence requirements and every day you are in Canada will deduct one day from that total. Depending on how many other days you already have out of the country that may make things problematic.

now being "in Canada" is only for a 24 hour time frame .. correct? What are the physical presence requirements? and if I rented temporary living accomodations in NY would that be sufficient with my primary residence remaining the same.. no legal separation documents upon agreement with my husband?

I did have an additional question when applying for naturalization ... I've travelled back and forth into Canada since I've been able to do so to visit with my family once to twice per month approximately... sometimes entering on a Friday evening and coming back on Sunday or entering on a Saturday and leaving Sunday and about 3 times over the past few years for longer than that on vacation one week max at a time. I haven't kept detailed records. Is that sufficient to put on my application?

[Gypsyangel 11]

I did have an additional question when applying for naturalization ... I've travelled back and forth into Canada since I've been able to do so to visit with my family once to twice per month approximately... sometimes entering on a Friday evening and coming back on Sunday or entering on a Saturday and leaving Sunday and about 3 times over the past few years for longer than that on vacation one week max at a time. I haven't kept detailed records. Is that sufficient to put on my application?

I think you need to list each and every trip that lasted over 24 hours, which can be a pita for Canadians. If it doesn't fit on the form, you add a separate piece of paper. They really don't want you to have stayed outside the US longer than six months -- I think that's really what they're looking for.

You can find the N400 forms on VJ and take a look at the actual question. It's one thing I wish I'd kept track of ahead of time. I did my list and then added a note at the bottom that it was to the best of my recollection.