K2 daughter residing/schooling USA ... 8 month internship Canada ???

[Wishing-Waiting 2]

My daughter and I (from Canada) just submitted (Sep2014) our I-751 for removing conditions on temporary Green Card and applying to receive permanent 10 year card.

She is in 2nd year of 4 year Univ program. In May 2015 she will be eligible to apply for internships related to her course of study. One company offers internships in Alberta. Apparently it is an 8 months program and she agrees to return to school to finish her schooling after internship.

Does being in Canada for 8 months put her immigration status in jeopardy ?

I hope I've explained this clearly enough. Does anyone have insight ?

thanks,

[Ontarkie 14,413]

8 months should not be a problem, as long as she doesn't take up residency. Like using provincial health care, or is classed as a resident at the school. With her schooling continuing in the US having some papers for when she returns explaining why she was gone would be helpful.

[Texas22 50]

Hey there, I too have a similar situation with my 14 yr old daughter. There is a thread on this here:

http://www.visajourney.com/forums/topic/477567-k2-move-after-conditional-greencard-received/

I was told she would be okay as long as she returns to the U.S within one year and has every intention of returning to the U.S.

I think your daughter should be fine. I'm hoping mine is too. The one difference between us is that my daughter is still a minor (under 16).

I was told that LPR's are allowed to go to school abroad as long as they do not abandon their residency here. Good Luck to you.

[NikLR 13,232]

Hey there, I too have a similar situation with my 14 yr old daughter. There is a thread on this here: http://www.visajourney.com/forums/topic/477567-k2-move-after-conditional-greencard-received/ I was told she would be okay as long as she returns to the U.S within one year and has every intention of returning to the U.S. I think your daughter should be fine. I'm hoping mine is too. The one difference between us is that my daughter is still a minor (under 16). I was told that LPR's are allowed to go to school abroad as long as they do not abandon their residency here. Good Luck to you.

again with you, as mentioned by Ontarkie, you would be paying for school as an international student not getting it for free as a resident of Canada would be.

[Texas22 50]

again with you, as mentioned by Ontarkie, you would be paying for school as an international student not getting it for free as a resident of Canada would be.

She has enrolled in school using her father's residence for school, and myself as emergency contact - otherwise it would have cost $15,000 for her to have one year of school there.

She does not have OHIP - any medical necessities are covered under my husband's U.S Health Insurance. I also still retain sole custody and the trip there is considered an extended visit with her father.

I also found out that U.S. Customs cannot consider her abandoning her residency as a K2 as she is a minor (under 16). She falls under my residency until that age. If I should happen to abandon mine - both my (under 16) children would also lose theirs.

Us Immigration states that anyone under the age of 16 is too young to make the decision of abandonment of residency.

It's been a very difficult situation to deal with.

[NikLR 13,232]

Well it's good that you found that out.

[Texas22 50]

Yes, makes me feel somewhat better.

Edited September 16, 2014 by Texas22