How to maintain residency?

[Yellowhead 12]

I am a Canadian citizen, US Permanent Resident who arrived on a fiance Visa in 2011. I have since married my fiance and in September 2013 we can apply to remove conditions on my green card. I am in the process of deciding whether I want to move back to Canada before removing conditions (I had a death in the family and wish to be closer to family as a result), however everyone tells me it is a waste if we ever want to move back to the USA. I am curious what kind of experience it would be to reapply as a married couple if we don't remove the conditions on the 2 yr card in September 2013? Also curious what it would entail to maintain 10yr residency if we decide to go that route. For example, if I remove conditions, THEN move to Canada for an undetermined amount of time. I just don't know if I can go the whole 3 yrs from Conditional Residency to Citizenship and live so far from family. My husband would also come with me, obviously. We want options later on though. :/ Not sure what to do.

[Harpa Timsah 13,258]

The rules for maintaining residency are the same whether or not you have a 2-year card or a 10-year card. You can leave for up to a year without needing special permission and you can get a reentry permit in advance that will allow you to stay out for up to 2 years.

If you want to leave the US, surrendering your GC will not change your options in the future at all.

You could give it up now and move to Canada, then if you want to come back, you would apply for a spousal visa and the card you would receive would be a 10-year card if you had been married over 2 years at that point.

[Harsh_77 718]

The rules for maintaining residency are the same whether or not you have a 2-year card or a 10-year card. You can leave for up to a year without needing special permission and you can get a reentry permit in advance that will allow you to stay out for up to 2 years.

If you want to leave the US, surrendering your GC will not change your options in the future at all.

You could give it up now and move to Canada, then if you want to come back, you would apply for a spousal visa and the card you would receive would be a 10-year card if you had been married over 2 years at that point.

Yep 10yr card does not let you stay out of country any longer than 2 yr card.

If you choose to give up you GC anytime and reapply in future does not impact your application at all.

I could be wrong but the special permission to stay out of US for 2 yrs is only allowed once.

[Yellowhead 12]

The rules for maintaining residency are the same whether or not you have a 2-year card or a 10-year card. You can leave for up to a year without needing special permission and you can get a reentry permit in advance that will allow you to stay out for up to 2 years.

If you want to leave the US, surrendering your GC will not change your options in the future at all.

You could give it up now and move to Canada, then if you want to come back, you would apply for a spousal visa and the card you would receive would be a 10-year card if you had been married over 2 years at that point.

Yep 10yr card does not let you stay out of country any longer than 2 yr card.

If you choose to give up you GC anytime and reapply in future does not impact your application at all.

I could be wrong but the special permission to stay out of US for 2 yrs is only allowed once.

What happens if I stay out, then come back for a visit, then go again?? Not that I want to play the system by any means, but just curious how that works. I hate the idea of starting over with the visa process.

[Harpa Timsah 13,258]

What happens if I stay out, then come back for a visit, then go again?? Not that I want to play the system by any means, but just curious how that works. I hate the idea of starting over with the visa process.

Well, it really depends. There is no magic formula. When they catch on that you are just coming back for a short periods of time while really living outside the US, they can revoke your GC at the border.

The visa process a second time will be easier, because you will both be in Canada living together.

[Krikit 1,165]

If you take the greencard situation out of the equation, what are your thoughts then? Do you feel relief and/or happiness at the thought of moving back home? Go with that and worry about moving back to the US if and when that happens. The option will always be available to you. You can always apply for a re-entry permit just in case you change your mind.

https://help.cbp.gov/app/answers/detail/a_id/820/kw/re-entry/sno/1

Moving from Working & Traveling to Effects of Major Changes.

[Yellowhead 12]

We have made a plan, and whatever happens with immigration happens. My husband is going to stay in the USA while I move back to Canada to work from February 2013-September 2013 while his immigration into Canada gets worked out. In that time, if I change my mind, I will just come back to the USA as I still have my green card (unless it gets revoked), which is valid until September 26, 2013. If immigration fails, or if I regret leaving the USA for whatever reason, I have that timeframe to decide, then come back and renew my GC. If I don't regret it, we will have that timeframe over with for Canadian immigration.

The only reason I feel there is any issue with leaving is when I think of his parents who helped us financially to complete the US Immigration process. They are going to be angry that we are even considering dropping the process after putting so much time and money into it. If it wasn't for them, I would be gone tomorrow. He is their only child and they are going to possibly kill us when we tell them of our plans.

Does anyone know if I will have issues if I get employment in Canada? Does that null and void my GC in the US? I plan to work starting in mid Feb and plan to travel back and forth on my days off from shift work (every 3-6 weeks until he moves in September).

[NikLR 13,232]

You have a little less time than you think because you have to start removing the conditions 3 months before the green card expires. As far as I understand, it takes even longer than that to actually get the 10 year green card.

Canada immigration has really sped up recently. Might have to do with their new changed. But right now it's REALLY fast if you're living in Canada and he's not. Like 37 days. It's only 6 months too for if he's living in Canada with you. Mind you his part of the application still takes about 8m to a year either way, but it used to be 90 days for the Canadian side and a year if the spouse was in Canada.

Edited November 22, 2012 by NikiR

[The Mean Lady 604]

You have a little less time than you think because you have to start removing the conditions 3 months before the green card expires. As far as I understand, it takes even longer than that to actually get the 10 year green card.

Canada immigration has really sped up recently. Might have to do with their new changed. But right now it's REALLY fast if you're living in Canada and he's not. Like 37 days. It's only 6 months too for if he's living in Canada with you. Mind you his part of the application still takes about 8m to a year either way, but it used to be 90 days for the Canadian side and a year if the spouse was in Canada.

You don't even have to wait for approval of anything in canada, if what the CBP office told me was correct.

She told me I could come into canada then file my paperwork here and that would be it.

Sort of how the US does adjustment of status, except it's the same paperwork everyone else does.

I'm just curious, though, what is the time frame to begin WORKING in Canada?

Is that the 37 days or 6 months you speak of?

[NikLR 13,232]

To be honest I'm not sure. With my friends they were sent work visas while the process was going through. With the one, her husband was in the USA when she started the process and he was sent a work visa after he was here so he could work during the process but that was some years ago. With my co-worker he was sent a work visa 6 months or so into the process but he was here and stayed here. He also had to get extended stays because at the time it took about a year to do the Canadian processing side.

And no you don't have to wait for approval either way because the spouse's side is what takes so long. (We're Canadian, we delegate.. ) The difference in the processing is Canada immigration trying to get spouses here faster.