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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

For the first couple of months after I activate my visa, I will be travelling across the border to go back to Canada to sell my house and making moving arrangements with the mover company. So if I am out for a week I will let officer know that I was in Canada for this reason. I can delay my activation of the Green Card (official entry in US)to a month. But in order to apply for job or get myself transferred to US main office within my company, I need SSN. So its chicken first or egg kind of situation for me. I have interviews lined up for next week and want to make entry this weekend. But I know that I will have to come back to Canada for few weeks to move all my stuff to US and sell house in the middle of the winter. Any advise for a person in situation like this? It is only about a month as I see it.

Filed: Timeline
Posted (edited)

Why don't you activate your visa the first time around? Once you activate a CR-1/IR-1 visa you're a legal permanent resident and can travel freely as you wish from day one. Before you get the actual green card in the mail, the I-551 stamp in your passport acts as proof of permanent residence.

For the green card to be considered abandoned, you'd have to have spent large amounts of time (6 months plus) outside the US.

Edited by Jay Jay
Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

For a month after activating the visa, I will go back to Canada and spend most of the time there getting my stuff wrapped up for moving and putting my house on sale. I hope border officers will not give me hard time re-enter US for the fact that I am spending time in Canada (although for moving prep).

Filed: Timeline
Posted
  On 11/22/2012 at 1:51 PM, jazzly said:

For a month after activating the visa, I will go back to Canada and spend most of the time there getting my stuff wrapped up for moving and putting my house on sale. I hope border officers will not give me hard time re-enter US for the fact that I am spending time in Canada (although for moving prep).

How much time do you expect to spend there? If it's only a few months, no worries. If you're planning to spend more than half a year there, re-think.

Filed: Timeline
Posted
  On 11/22/2012 at 3:06 PM, jazzly said:

No, its just may be a month or may be a little more. Definitely not more than two months. I don't know how much cooperative the border officer will be for a person who is in the middle of moving and making arrangements on both sides of the border.

You'll be fine. Once the CR-1 is activated, you are a permanent resident of the US. There is no law against going to Canada. The reason LPR's are warned not to take multiple lengthy trips abroad is because the CBP may consider your green card to be abandoned. This is if you spend more than half a year abroad, live abroad and don't file taxes etc. In other words, your situation is completely normal.

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
  On 11/22/2012 at 3:40 PM, jazzly said:

As for the taxes, if I activate my IR-1 in Nov/Dec, will I have to file tax for year 2012 and show Canadian income ?

From what I've read, yes you have to file for 2012.


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