US GC Holder not living in the USA

[Boiler 46,121]

The obvious first question is how would they know. I am pretty certain the UK has no idea of my US Status.

As far as Canada is concerned she is living and working and residing in Canada.

There seems to be a million and one different definitions of residence. Having one is not automatically exclusive of another.

[NikLR 13,232]

I suppose fraud is one way to do everything. Just lie to both governments concerned.

When you cease to be a resident of a province, you are supposed to inform that province of the fact you're no longer a resident. To claim US residence means exactly that, you are no longer a resident of that province.

It's is an odd line because you don't cease to be a Canadian Citizen.

Edited March 24, 2013 by NikiR

[Boiler 46,121]

You are trying to make a very complicated subject simplistic to the detriment of the OP.

It is not an either or situation.

Like most legalistic areas there are grey areas.

[NikLR 13,232]

LOL No I'm not making it simplistic. It's quite complicated what they are proposing to do. But the line for health care IS simplistic. When I changed provinces I had 3 months to change the health care over or else I no longer had coverage from either province. When I've moved I must legally change the address on my license, car insurance and vehicle registration within 30 days. When I was married I had to legally inform the Canada Revenue Agency of the change of my marital status within 30 days.

There is no grey area in many of these things. This is a country you don't live in, so I understand that while you feel you know what is what, you may not understand the legalities of the issues being discussed. It's something members have looked at on the Canada sub-forum.

[Hypnos 6,578]

Generally you must spend more time inside of the US than outside of it to be a resident (so at least six months out of the year). Not doing so runs the risk of CBP taking your green card and issuing you an NTA, effecting placing you in removal proceedings.

[Cathi 5,784]

Do you honestly think people here are going to tell you it's OK to do this?

[ppihtr123 68]

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?

I can understand that things change. So withdraw your request for a GC and start it again when she is really ready to move to the US as that is the purpose of this process and the GC. I am just a little confused with the "we" part of it. Are you going to live there for the next few years or will you be married living in different countries?

[dwheels76 5,469]

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!

I totally understand and I swear we are in the same boat (well sort of). I too am waiting for interview. But I might be moving the interview (my embassy says you can move it 11 months out). And I am going to move to Nigeria. Than close to that 11 month mark we will decide what next to do. Either re-schedule an interview or we will have to ditch and start over when we are ready to immigrate.

So maybe just postpone and see what happens I would suggest.

[ppihtr123 68]

LOL No I'm not making it simplistic. It's quite complicated what they are proposing to do. But the line for health care IS simplistic. When I changed provinces I had 3 months to change the health care over or else I no longer had coverage from either province. When I've moved I must legally change the address on my license, car insurance and vehicle registration within 30 days. When I was married I had to legally inform the Canada Revenue Agency of the change of my marital status within 30 days.

There is no grey area in many of these things. This is a country you don't live in, so I understand that while you feel you know what is what, you may not understand the legalities of the issues being discussed. It's something members have looked at on the Canada sub-forum.

That makes sense to me!

But...If they are married and she is covered under say his healthcare at work in the US, she could be listed there, no matter where she happens to be when having a health issue, given it is OK within the particular health plan.

With that said...I agree that they need to play by all the rules of both countries!

[NikLR 13,232]

It's possible for her to be covered by his health care but how does that work if he lives there as well? He would also need a permanent residence in Canada to be able to work here legally or a work visa. And also he would need the border patrol's permission for longer than a 6 month stay if visiting. Do you see the issue?

Edited March 24, 2013 by NikiR

[FlipgalRN 19]

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?

This similar situation happened to my aunt. She received her GC but decided to reside in Canada and visit the USA. When she came to visit us in the states she was held by immigration and questioned about her living in Canada but having a GC. In the end she had to relinquish her GC. As a GC holder you cannot leave the USA for more than 6 months. Otherwise they see it as abandoning your GC. You also have to file US taxes as well to establish US residency. The only way for her to reside in Canada and not lose her status is to be a US citizen.

[hikergirl 277]

NikiR is correct in this situation.

You cannot claim to be residents of both countries. It doesn’t work that way.

Your provincial health care coverage ceases at the end of the month in which you claim residency elsewhere.

If you’ve listened to the news lately, the government is really cracking down on people who use & abuse the system.

Especially our health care system. It is not an entitlement of citizenship, it is most definitely tied to residency.

The CBSA do let the different departments know when you are entering and exiting Canada.

Both governments will know and your jig will be up when you go to file taxes.

Edited March 31, 2013 by hikergirl

[Noel194 53]

So she is going to file and pay income taxes as a resident of both countries? I smell tax fraud and that is serious. Jail serious.

[Boiler 46,121]

It would be unusual for someone paying tax in Canada also to have a US tax liability.

[hikergirl 277]

It would be unusual for someone paying tax in Canada also to have a US tax liability.

Are US LPRs not required to reside and file taxes in the US? Kind of hard when they are working and living in Canada.

That’s one of the things NikiR was trying to get at. The OP cannot have his cake and eat it too.

Edited April 1, 2013 by hikergirl