Living in the US- Planning to move to Canada

[Maryamm 1]

I really don't know where to post this question, but hopefully I'll get some information here or there

right now i'm still in the waiting game for my 10 year-green card. me and my husband are planning to move to Canada (vancouver) the question is what will happen to my immigration-status? do i have to do some procedures before I move? maybe tell USCIS? should we make a report of our wedding (in Indonesia) to the consulate or embassy in Canada? any info will be appreciated thanks

Edited August 9, 2014 by Maryamm

[Penguin_ie 5,993]

You will loose your greencard.

[NikLR 13,227]

Is your husband or you Canadian? Because you can't just move to Canada without a visa or being sponsored.

[Maryamm 1]

That is a bad news, if I will loose my greencard? that makes sense though, i can understand that. My husband is half Canadian (his father is Canadian), born in the US, but raised in Canada. He's a permanent resident in Canada.

Maybe I should start from the beginning again eh?, just like how I entered the US, apply for a visa first

[NikLR 13,227]

If you wait until you have US citizenship you can move anywhere in the world and do not have to worry about keeping up a green card.

Your husband should be a Canadian citizen, not a PR.

[semi-immigrant 1]

That is a bad news, if I will loose my greencard?

You can keep your US green card for a while if you visit the US once a year and fill out the income tax return annually.

http://www.visajourney.com/forums/topic/504135-us-tax-return-by-non-resident-lpr/

[NikLR 13,227]

No you have to live in the USA more than you are out of it. CBP can easily take away a green card if they feel you're abusing it.

[semi-immigrant 1]

No you have to live in the USA more than you are out of it. CBP can easily take away a green card if they feel you're abusing it.

Lots of people do it for a while. But eventually you have to move to the US. My guess it is relatively safe to do it for 5 years.

Abandoning Permanent Resident Status

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently
• Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
• Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
• Fail to file income tax returns while living outside of the United States for any period
• Declare yourself a “nonimmigrant” on your tax returns

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

And CBP can't take it away. They may send one to the immigration judge.

Edited August 10, 2014 by semi-immigrant

[NikLR 13,227]

I would not consider it safe at all.

Even as a Canadian citizen I wouldn't tempt this. We're not entitled to provincial benefits like health care, or federal ones like CCTB or GST cheques, because we're not residents even though we're Canadian citizens. You can only be a resident of the USA or Canada, not both.

[semi-immigrant 1]

You can only be a resident of the USA or Canada, not both.

This is a transitional state. People can't relocate instantly. The process obviously can't last forever. But few years is a reasonable time.

[SusieQQQ 11,586]

Lots of people do it for a while. But eventually you have to move to the US. My guess it is relatively safe to do it for 5 years.

Abandoning Permanent Resident Status

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently
• Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
• Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
• Fail to file income tax returns while living outside of the United States for any period
• Declare yourself a nonimmigrant on your tax returns

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

And CBP can't take it away. They may send one to the immigration judge.

I was told by a CBP officer on entry after being out for (just) less than 6 months, that continued long absences will lead to questions and become a problem. He made it sound like the "relatively safe" period was more like one year than five years....

As to the OP, quite simply if your intent is to move to another country permanently that is abandoning residence. The kinds of ties to the US you will have to show to an immigration judge won't be in existence as a result.

[semi-immigrant 1]

I was told by a CBP officer on entry after being out for (just) less than 6 months

It is strange. According to USCIS, it's 1 year. According to CBP, it's 180 days.

LPRs that are out of the U.S. for more than 180 days are subject to new immigrant inspection procedures as per 8 USC 1101.

https://help.cbp.gov/app/answers/detail/a_id/1191/~/traveling-outside-of-the-u.s.---documents-needed-for-lawful-permanent-residents

And here as per 8 USC 1101:

An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien -

(ii) has been absent from the United States for a continuous period in excess of 180 days,

http://www.law.cornell.edu/uscode/text/8/1101

So it's probably 180 days.

[NikLR 13,227]

To maintain residence in the USA, would the OP not have to maintain domicile here as well? A home? Bills? A driver's license? If she picks up and moves her life to Canada, works there, lives there, etc... then she is NOT maintaining residence in the USA. To get any benefits in Canada, including health care, she would have to claim Canadian residence and you cannot claim both. That rule is from several provincial health care websites and phone calls and also from the CRA.

We've discussed this issue quite a bit in the Canada forum, but you're new here.

[semi-immigrant 1]

We've discussed this issue quite a bit in the Canada forum, but you're new here.

Could you please provide the link?

I am really interested in the issue as well.

[Ryan H 3,812]

One post advocating illegal activity (a TOS violation) removed.