PhD in Canada... What to do about conditional GC?

[jaske78 1]

I am newly-married. The conditional green card just came in January. But now, I am applying to a PhD program in Canada, and we will definitely need to go there for at least four years for the PhD program.

I am worried that this will jeopardize the conditional green card. We intend to go back across the border every three months at the very least like clockwork. However, when it comes time for the lifting of conditions, what can we say then? I am sure I am not the only American who has gone for education or work overseas and taken a foreign spouse with me. I just want to make sure that I am not endangering anything.

Can someone help me?

[caphoto 10]

I'm pretty sure you have to be residing most of the time in the USA. Doing what you are saying and coming into the US every 3 months would seem like you are living in Canada and vacationing in the USA. The border officials will find it suspicious and you may not be allowed back in. I think I remember reading somewhere that you can apply for a re-entry permit if you are planning on being outside the country for extended periods of time..but I'm not sure. Might be worth you looking in to that.

[jaske78 1]

OH! I did forget to say something rather important. *I* am the American citizen. The one that I am dragging to Canada is the foreigner. Does that make any difference? It should do. Or at least, I hope it doesn/

[Dashinka 24,889]

Based on you clarification,I don't think you would have a problem, but the issues already brought up would apply to your spouse. A GC is used for people that plan to make the US their legal permanent residence, and the scenario you brought up seems to say you plan change that to Canada for at least several years. You also have to consider the Canada laws regarding your spouses legal ramifications for residing in Canada while you are there in your PhD program. I would consult with your planned school's immigration office as they may have dealt with such situations, but it seems to me your spouse may be considered to have an abandoned GC,then you would most likely need to file for a spousal visa in the future.

Good Luck!