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Maryamm

Living in the US- Planning to move to Canada

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Thanks for the information everyone, i don't mean to abandon my GC. We will think again, we just wanna live in a place that we really like, with opportunities. Well there are many opportunities here in the US too, we just don't 100% like the area where we live now. Canada is our #1 option, if it's too hard, we might just move to other cities/states in the US :)

Our Visa Journey:

- 2003, met thru a music forum, NOT a dating site ;)
- Dec 9, 2010, met in person and engaged
- June 7, 2011, married
- Sept 28, 2011 1st Packet sent
- Sept 29, 2011, received NOA 1
- April 4, 2012, received NOA 2, move to NVC
- May 15, 2012, Case Number assigned!
- May 16, 2012, I 864 Bill paid
- May 19, 2012, Emailed DS 3032 to NVC
- May 24, 2012, Returned Completed DS 3032
- May 24, 2012, Received IV Bill
- May 24, 2012, Paid IV Bill
- May 31, 2012, AOS package SENT
- June 14, 2012, Package IV SENT
- June 26, 2012, CASE COMPLETED! 1 month, 1 week and 4 days since NVC received
- August 2, 2012, Interview, PASSED smile.png

- October 18, 2014: arrived in the US :)

--

Removal Conditional Resident:

July 23, 2014: Petition sent

August 1, 2014: I-797 Form (NOA) received

August 18, 2014: Biometrics done

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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.[/size]

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

And here as per 8 USC 1101[/size]:

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.

If you read the rules, and I believe they have been quoted earlier, any length of time can be deemed to be abandoning residence. Intent is crucial. You seem to think CBP officers are a robotic lot who mechanically implement date rules without thinking about things. That is not the case.

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.

I don't know about Canada but the points about maintaining residence are spot on, and add filing with the IRS.

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I am not convinced about residence. Person can have more than one residence. Affluent people have multiple residences.

The US must be your primary residence if you want to maintain your green card. Once you're an affluent citizen you can live where you want. The rules are very easily findable via google. You can be as unconvinced as you want, but good luck in front of that immigration judge.

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Filed: Lift. Cond. (apr) Country: China
Timeline

***7 recent posts between two members that were engaging each other in a back and forth argument and not addressing their replies to the OP have been removed. The OP has been given answers to their query, there is no need to beat any dead horses. Any more posts that continue the back and forth that I referenced will result in a thread ban for the poster.***

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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