Naturalization while living in Canada

[Paradise123 7]

If you have the money you should go and see the lawyer, but don't expect miracles. He cannot change the law for you and he cannot suddenly make you eligible. Why do you need this so bad right now? You say it is just temporary so why not just wait?

[Brother Hesekiel 2,236]

I answered your question before on another forum.

When establishing residency in Canada, you effectively abandoned your US residency as a person cannot be a permanent resident of two countries at the same time. Kathryn gave you a very comprehensive answer -- especially in regard to the income tax implications -- but what I suggested for you is to move back to the U.S. and tread very lightly until you have lived here for 5 years again and file for naturalization once that's the case.

I understand your personal dilemma, but getting away with what you did when renewing a Green Card and filing for naturalization where a comprehensive FBI and database check is part of the process is a totally different ball game. Sometimes, it's better not to step on the sleeping lion's tail but wait until he wakes up and leaves before entering the lions' den and retrieve your things.

[warlord 73]

And on top of what has already been said. It looks like you are going to have a rough time trying to convince the IO that you haven't abandoned your Green Card. Right now, getting Citizenship is the last thing you need to worry about. Making sure you get back into the US and maintain your residency to preserve your Green Card is the number 1 most important thing. Anything over a year without a valid Re-Entry Permit is pretty much grounds for Green Card abandonment and you would have to start the entire immigration process over again.

So you need to seriously get that sorted out if you are revoked your GC when you cross over to the US the next time...

[rn7554 0]

I answered your question before on another forum.

When establishing residency in Canada, you effectively abandoned your US residency as a person cannot be a permanent resident of two countries at the same time. Kathryn gave you a very comprehensive answer -- especially in regard to the income tax implications -- but what I suggested for you is to move back to the U.S. and tread very lightly until you have lived here for 5 years again and file for naturalization once that's the case.

I understand your personal dilemma, but getting away with what you did when renewing a Green Card and filing for naturalization where a comprehensive FBI and database check is part of the process is a totally different ball game. Sometimes, it's better not to step on the sleeping lion's tail but wait until he wakes up and leaves before entering the lions' den and retrieve your things.

Thank you very much for your kind answer. Here is another thing, if I give up my US green card, and stay in Canada till I become canadian citizen, can my USC wife apply for AOS for me when I'm visiting her in US? Or if I get a job offer under NAFTA treaty at a US company? (I have a PhD in Chemistry from a top US school, and chemist is in NAFTA list). I'm married to a USC for the past 3.5 years and we have a US born child, so US GC is retrievable. I have a job in Canada (guaranteed for next 3 years, which is the requirement to get canadian citizenship) if I quit, and go back to US, I have no job and I will tear apart the family due to financial hardship.

Edited October 4, 2012 by rn7554

[warlord 73]

Thank you very much for your kind answer. Here is another thing, if I give up my US green card, and stay in Canada till I become canadian citizen, can my USC wife apply for AOS for me when I'm visiting her in US? Or if I get a job offer under NAFTA treaty at a US company? (I have a PhD in Chemistry from a top US school, and chemist is in NAFTA list). I'm married to a USC for the past 3.5 years and we have a US born child, so US GC is retrievable. I have a job in Canada (guaranteed for next 3 years, which is the requirement to get canadian citizenship) if I quit, and go back to US, I have no job and I will tear apart the family due to financial hardship.

You cannot apply for AOS for you to visit. She would have to apply with a spousal visa for you to live in the US not to just visit. AOS is done after the marriage for someone that is living and residing in the US only which you apparently already have done since you have your GC already.

You cannot get a TN status from NAFTA. That is strictly a non-immigrant status. You are married already to a USC so you are ineligible to get a TN.

What about her coming to just move with you to Canada. That way your entire family will be there and if down the road you two want to move back to the US, she can apply for the spousal visa to get you back there and then eventually you'll be re-issued a new GC?

[rn7554 0]

You cannot apply for AOS for you to visit. She would have to apply with a spousal visa for you to live in the US not to just visit. AOS is done after the marriage for someone that is living and residing in the US only which you apparently already have done since you have your GC already.

You cannot get a TN status from NAFTA. That is strictly a non-immigrant status. You are married already to a USC so you are ineligible to get a TN.

What about her coming to just move with you to Canada. That way your entire family will be there and if down the road you two want to move back to the US, she can apply for the spousal visa to get you back there and then eventually you'll be re-issued a new GC?

Yes, all 3 of us are PR of Canada and moved to Canada and living together here.

[Kathryn41 3,205]

Did you become a PR of Canada after you got your greencard in the US? If so, your green card is now null and void. Your wife would have to sponsor you to return to the US with a spousal visa. When you decide to return to the US, then you can plan on starting the process about a year prior to the date you want to return.

In the meantime, enjoy Canada. It is a great place in which to live.

Edited October 5, 2012 by Kathryn41

[warlord 73]

Yes, all 3 of us are PR of Canada and moved to Canada and living together here.

Well that's good then and you won't have to worry about the visitation thing at all. That should make the process easier when she sponsors you to move to the US. Not sure exactly how that works, you'll have to look into it or maybe someone else here would know, but maybe she can sponsor you for a new GC while you all are living in Canada. That way you won't have to be separated at all during the process...