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Filed: Timeline
Posted

I applied for an F2B visa over ten years ago and it was granted yesterday morning after an interview in Montreal.

My father lives in California, and I live in Canada. He is a permanent resident and sponsored me in. Normally I would quite happy to have finally received this visa, but I was given my dream job with the local municipal police service here in my hometown, which is about three hours north of the Montana border.

The woman who interviewed me told me that I will be processed as a permanent resident the next time I enter the United States, and that I have until early April, which is when my medical exam will expire, to enter the country and activate the visa.

When I asked her what my privileges were in regards to entering and exiting the US, she told me that it was all up to whatever border security guard I happened to get. Surely this can't be true? Can someone please tell me what the rules are regarding coming and going?

Ideally, I'd like to enter the US in a couple of weeks and get the clock ticking on my five years as a permanent resident, and then come back to Canada immediately. My police training is due to start in January 2015.

Also, one other thing - I was given a sheet of paper which told me that when I enter the US as a permanent resident, I will be issued a SSN and SSN card but it may take several weeks or months to come to my US address, and in the meantime, employers may be hesitant to hire me although all I need to show them is the visa stamped in my passport. Can anyone tell me more about this? How long it takes to come, etc.

Many thanks. Ideally, I'd like to be able to enter and exit the US at my leisure, although I know that is not possible.

Filed: Country: Monaco
Timeline
Posted (edited)

What she said is correct.

Once you become a permanent resident it is expected that you will reside in the US. If as you say, you will enter, remain a couple of weeks and return to Canada to take up your new job and maintain your residence in Canada, interspersed with quick trips to the US, at some point the CBP agent at the border may refuse your entry and you may end up losing your greencard. Furthermore, you will need to pay US taxes even if you're working in Canada, which as a full time resident of that country will disqualify you from being a resident in the US.

Even if you could do what you propose for several years, you would not qualify for citizenship either. For citizenship you must be a full time resident in the US for at least 5 years, which means you will need to produce proof of address, income, taxes and pretty much prove you actually live in the country.

It appears to me that you have already made the choice to stay in Canada. Pick a lane and be happy.

ETA:

Read the info under this link: http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

Edited by JohnR!

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Filed: Timeline
Posted

Many thanks for your reply. I am reading online that you can leave the United States for up to six months without risking losing your permanent residency, is this true? It would be great to be able to live in Canada for six months out of the year and in the US for the other six months. Is this possible at all?

How will they know if I am actually resident in the United States? I mean, is there any way of taking a job in the US, working there for six months out of the year, and them coming back up to Canada for the other six months? I would be showing ample earned income, as I make fairly good money here in Canada and would anticipate making the same or more in the US. Can I not just keep my address in the USA? What would they want for me to prove that I've actually been present in the country, bus tickets to and from work and grocery receipts? Keep in mind that I only live a short drive from the border and I am used to crossing at least a couple of times a month.

Filed: Country: Monaco
Timeline
Posted

In order to be a resident you must spend more than 1/2 of your time in the US, roughly 184 days of the year. If you do that you should be OK, 'should' being the operative word. Remember you will have to file your taxes in the US and declare your income in Canada as well, but other than the tax situation you might keep be able to keep your gc under those circumstances.

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Filed: Timeline
Posted

Yeah, I have no problem paying taxes, but surely if I've paid taxes to the Canadian federal and my local provincial (state) government, the US government will not want to tax me over and above that? I only net about 61% of my income as it is, as I make between 90-100k Canadian per year.

 
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