US GC Holder not living in the USA

[aaronop 0]

I'm a US citizen currently living in the US, and my wife lives in Canada and is waiting for an appointment at the Montreal consulate, so we're in the last stages of getting her a green card.

She would like to stay in Canada for a while longer, up to a few years, and I will be joining her shortly after her green card is approved.

What I'm wondering is: since we'll be living in Canada, and it's relatively trivial to travel to the US for short periods of time, could we just take short trips to the US periodically (say a weekend to a week every couple of months) to keep her residency and/or keep the border and immigration folks from asking whether she's given up residency? I don't know if other ties will be possible - we might be able to maintain a mailing address with friends and such, and we'll file US income taxes, but we don't have property and she'll be working in Canada.

Is it necessary or helpful to file for the 2-year reentry permit if we will be returning to the US sooner than that, just for short periods at a time?

Thanks!

[Harpa Timsah 13,258]

What is the point of getting an immigrant visa if you don't want to live in the US?

And no, just visiting the US will not be enough to keep the GC.

You could get a reentry permit, but it begs the question, why not just wait to immigrate until you are ready to, instead of paying for the reentry permit fee?

[canadian_wife 1,827]

Agreed, why are you going through this process if you do not intend to immigrate in a timely manner?

good luck

[aaronop 0]

Agreed, why are you going through this process if you do not intend to immigrate in a timely manner?

good luck

Our original intent was to immigrate to the US, but since then my wife would like to pursue job opportunities in Canada. We want to maintain the option of returning to the US permanently, as we would both like to do that in the future. Since we're almost at the end of the immigration process we figure we may as well finish it and get her a green card if she can keep it while living in Canada, so that we don't have to go through the whole process again in a couple of years.

And I realize that we could have trouble if we only return for short periods at a time, but I'm just wondering if returning more frequently will make it less likely that we have issues.

Also, concerning a re-entry permit: if you get a re-entry permit and return to the US for a short stay after 6 months, say, do you need to get a new re-entry permit before leaving again, or does the original one stay valid?

Edited March 24, 2013 by aaronop

[PSDAVID 2]

I have always wonder about the re-entry permit being valid after entering the united states again, maybe some one could clear our minds, being that the re-entry permit is valid for up to two years.

But i do have to say that i think you and your wife are gonna have to make a decision on whether living in canada or in the united states. My personal opinion could be that you two live in US until she becomes a USC, but thats just me.

[Pinkrlion 2,724]

Our original intent was to immigrate to the US, but since then my wife would like to pursue job opportunities in Canada. We want to maintain the option of returning to the US permanently, as we would both like to do that in the future. Since we're almost at the end of the immigration process we figure we may as well finish it and get her a green card if she can keep it while living in Canada, so that we don't have to go through the whole process again in a couple of years.

And I realize that we could have trouble if we only return for short periods at a time, but I'm just wondering if returning more frequently will make it less likely that we have issues.

Also, concerning a re-entry permit: if you get a re-entry permit and return to the US for a short stay after 6 months, say, do you need to get a new re-entry permit before leaving again, or does the original one stay valid?

Visiting will not suffice residency requirements, you have basically wasted your money and time.

[NikLR 13,232]

They can take away your green card if you live outside the USA more than you're in it, permit or no.

I suggest moving to the USA for at least 3 years upon which time she can get US Citizenship. Then you can move up to Canada until you are also available for Citizenship (did you know the process of immigrating to Canada is quite involved and takes over a year to complete? http://www.cic.gc.ca/ )

When you are both Citizens of Canada and the USA, you can live where ever you want.

Edited March 24, 2013 by NikiR

[Boiler 45,966]

You can fudge it for a while, but I see no downside.

[canadian_wife 1,827]

Well one downside would be once she is a GC holder, she loses her provincial health care, even if living and working in Canada

OP - take that into consideration, you cannot have your cake and eat it too

good luck

[NikLR 13,232]

Canadian wife speaks the truth. While Canada has universal health care, its only for residents. There was a poor Australian woman in BC who was charged over 2 million to have a baby because she didn't have travel insurance. You don't want to be stuck in a country without the availability of health care.

[Sweetcheeksss 91]

Agree with everyone - I personally know that both US/CDN border patrol will be aware of the fact that you are spending much more time OUT of the US than in and they will see the trend of you making short trips over the border. You will not be able to satisfy the residency requirement to keep her green card by doing that.

Good luck

[Boiler 45,966]

Well one downside would be once she is a GC holder, she loses her provincial health care, even if living and working in Canada

OP - take that into consideration, you cannot have your cake and eat it too

good luck

The issue is not her Canadian status, she has no intention of moving in the near future, it is maintaining the fiction of US Permanent Residency.

[del-2-5-2014 1,339]

Visiting will not suffice residency requirements, you have basically wasted your money and time.

Not only theirs but others that are serious about living in the US and whose applications/process was lumped in with theirs.

[Jawaree 718]

Dude it wont work, even if U both stayed and worked on both sides of the border (6 mths each side) border

patrol will pick up on it after the 1st yr. Is this what U wanna do, or U are satisfying your wife's employment

ambitions (that's kool) but like the person say cant have your cake and eat it.....by the way do U have Canadian

anding to work there?....best wishes bro

[NikLR 13,232]

The issue is not her Canadian status, she has no intention of moving in the near future, it is maintaining the fiction of US Permanent Residency.

When you become a permanent resident of the USA you automatically lose health care benefits available to Canadian residents and citizens whether you have moved or not. It's why POEing before moving can be an iffy thing to do for Canadians. I'm sure you'd agree that being in a country without health care is NOT a good idea. Working and living there doesn't qualify you for those if you are trying maintain the pretense of being a US permanent resident.

Which would be exactly what she would be doing. Essentially the OP wants to know how to get around the system, how to be a US resident without being a US resident for several years.

Also which makes me wonder how he, in turn, plans on being able to work and be a Canadian resident if they do not go that route as well.

You cannot have your cake in both countries and eat it by jumping across the border. Pick one or the other and don't waste other people's time please.