Will Canadian PR make US immigration harder? Please review our plan

[epmarshall 0]

Hi all,

Apologies in advance if this is the wrong section of the forum to post this question. I am a US citizen while my boyfriend is a Canadian citizen. Right now, I am living with him in Canada and we are planning to apply for Canadian PR for me. I won't go into too much detail since this isn't a Canadian immigration forum, but the gist of it is that if we get married, it will make PR easier and faster for us and I will be able to work by the end of the year.

But here is the problem. We might want to move to the US at some point in the future and if we get married now we won't be able to use the K-1 visa later down the line. We will have to do CR-1 which means more time apart than if we did K1. So I tried to come up with a solution to this and want to run this by you guys to see if it's viable.

So let's say we get married and receive Canadian PR. If we decide we want to move to the US at some point after that, I will go back to the US for a visit and submit the CR-1 application (since I have to be in the US to submit the app, I believe). Then, I go back to Canada to live with my then husband until things are ready to go. I shouldn't have any trouble at the border since I'll be a legal PR and can live in Canada. So is it okay to just stay with him there and move to the US once the CR1 is complete? I don't want to jeopardize any future US plans and have to spend a year apart if we do ever want to move to the US, so I'm trying to research things now.

Here are my potential issues regarding this plan.

-Do I have to be in the US the entire time the CR-1 app processes? Or would this plan allow me to stay with my partner for the entire processing time as I planned above?

-I know I will have to prove domicile if I am outside the US. I have been referred to a sticky regarding this before in another topic I made, so I know there's info out there for me. But I just wonder if this is a standard thing or if this is going to be one of those red flags that is really hard to do?

-If I have an online store that I use for my income (I don't at the moment since I can't work in Canada yet, but I am planning on it), will that suffice for income as long as I meet the poverty guidelines? And if I can't meet the guidelines, can I still use a co-sponsor for a CR-1 application in which I have to prove domicile? Just want to make sure domicile doesn't impact that at all.

-Is it possible to maintain both Canadian PR and a Green Card? From what I understand, I can live outside Canada and still maintain my residency requirements as long as I'm with my Canadian spouse (which I will be). And if you have a Green Card, you need to be in the US at least 6 months every year, right? So if we had both of these, we'd need to live in the US for most of the time anyway (not a problem if we eventually change our minds and want the GC). I'm just wondering if what I'm saying is actually doable here.

-Will US immigration have a problem with an applicant who already has Canadian PR?

Thanks so much for reading, everyone. I would appreciate any advice and have already learned so much from all the helpful people on this forum!

[NikLR 13,227]

A) you dont need to be in the USA to file for the CR1/IR1. There will be the issue of the affidavit of support and domicile to overcome though

B) Domicile is a sticky issue for Montréal. People have found themselves in AP and waited extra months to almost a year while Montréal goes over submitted documents. They are not fast.

C) Remember to file your US taxes. If you make over the poverty guidelines and the income will continue you can use it. But if you arent then you will need a joint sponsor. Joint sponsorship has no impact on your need to reestablish domicile.

D) Not as far as I know. The green card requires that you maintain permanent residence in the US. The PR card would presumably require you to maintain residence in Canada.

E) Nope. You aren't an applicant, you would be a petitioner.

Edited March 3, 2016 by NLR

[neoblast 138]

Hi all,

Apologies in advance if this is the wrong section of the forum to post this question. I am a US citizen while my boyfriend is a Canadian citizen. Right now, I am living with him in Canada and we are planning to apply for Canadian PR for me. I won't go into too much detail since this isn't a Canadian immigration forum, but the gist of it is that if we get married, it will make PR easier and faster for us and I will be able to work by the end of the year.

But here is the problem. We might want to move to the US at some point in the future and if we get married now we won't be able to use the K-1 visa later down the line. We will have to do CR-1 which means more time apart than if we did K1. So I tried to come up with a solution to this and want to run this by you guys to see if it's viable.

So let's say we get married and receive Canadian PR. If we decide we want to move to the US at some point after that, I will go back to the US for a visit and submit the CR-1 application (since I have to be in the US to submit the app, I believe). Then, I go back to Canada to live with my then husband until things are ready to go . I shouldn't have any trouble at the border since I'll be a legal PR and can live in Canada (You will start having problems after a few times if you stay 6-6 months). So is it okay to just stay with him there and move to the US once the CR1 is complete? I don't want to jeopardize any future US plans and have to spend a year apart if we do ever want to move to the US, so I'm trying to research things now. (Become a Canadian citizen after 3 years as PR)

Here are my potential issues regarding this plan.

-Do I have to be in the US the entire time the CR-1 app processes? Or would this plan allow me to stay with my partner for the entire processing time as I planned above? I-130 with I-864 I believe requires US based income

-I know I will have to prove domicile if I am outside the US. I have been referred to a sticky regarding this before in another topic I made, so I know there's info out there for me. But I just wonder if this is a standard thing or if this is going to be one of those red flags that is really hard to do? Not a red flag, just a requirement. you will need to prove your intent to reside in the US.

-If I have an online store that I use for my income (I don't at the moment since I can't work in Canada yet, but I am planning on it), will that suffice for income as long as I meet the poverty guidelines? And if I can't meet the guidelines, can I still use a co-sponsor for a CR-1 application in which I have to prove domicile? Just want to make sure domicile doesn't impact that at all.

That could be a gray area. maybe look into setting the shop as global business or use a US address with a Canadian as well. It will depends on where the business is established, for which gov you collect taxes.

-Is it possible to maintain both Canadian PR and a Green Card? From what I understand, I can live outside Canada and still maintain my residency requirements as long as I'm with my Canadian spouse (which I will be). And if you have a Green Card, you need to be in the US at least 6 months every year, right? So if we had both of these, we'd need to live in the US for most of the time anyway (not a problem if we eventually change our minds and want the GC). I'm just wondering if what I'm saying is actually doable here. It's not possible to maintain both as they mutually exclusive as both require setting residence in their respective country.

-Will US immigration have a problem with an applicant who already has Canadian PR? No!

Thanks so much for reading, everyone. I would appreciate any advice and have already learned so much from all the helpful people on this forum!

[epmarshall 0]

A) you dont need to be in the USA to file for the CR1/IR1. There will be the issue of the affidavit of support and domicile to overcome though

B) Domicile is a sticky issue for Montréal. People have found themselves in AP and waited extra months to almost a year while Montréal goes over submitted documents. They are not fast.

C) Remember to file your US taxes. If you make over the poverty guidelines and the income will continue you can use it. But if you arent then you will need a joint sponsor. Joint sponsorship has no impact on your need to reestablish domicile.

D) Not as far as I know. The green card requires that you maintain permanent residence in the US. The PR card would presumably require you to maintain residence in Canada.

E) Nope. You aren't an applicant, you would be a petitioner.

Thanks for taking the time to respond, NLR! I appreciate it.

A) Wait, I'm confused now. I was under the impression that the US petitioner had to be in the US during the process while the foreign spouse had to be in their own country. Are you saying I could file for everything all while residing in Canada as long as I cover the income and domicile issues? Sorry I don't mean to be dense, I was just under the impression that I had to be in the US during the process for something, so I was thinking it must be for filing the initial petition.

B) Wow, an entire extra year. Thank you for informing me of that so there are no surprises. I suppose it will be okay if we already have a place in Canada to live. It will make planning things a little hard, though.

C) Perfect, thanks!

D) I'm fairly certain that Canada is more lenient in what they count towards their residency requirements, but I will definitely check that on the Canada immigration forum I follow.

E) Got it.

[epmarshall 0]

Hi neoblast. Would you mind explaining what you meant when you said that I would eventually run into issues staying 6-6 months? How is that a problem if I have legal residency in both countries? Do you mean for taxes or is there something else I am missing?

Also, I would still be spending the majority of my time in Canada because my then husband would be living there still. So I would only be taking trips to visit family with him until the Green Card went through.

Yeah, thanks for pointing out the US based income thing. I'm not sure they will accept global income, which is what the shop would probably consist of. Though, most purchasers would be from the US most likely if that helps. I guess I would have to get legal advice on that one.

Thanks for your input!

[NikLR 13,227]

Thanks for taking the time to respond, NLR! I appreciate it.

A) Wait, I'm confused now. I was under the impression that the US petitioner had to be in the US during the process while the foreign spouse had to be in their own country. Are you saying I could file for everything all while residing in Canada as long as I cover the income and domicile issues? Sorry I don't mean to be dense, I was just under the impression that I had to be in the US during the process for something, so I was thinking it must be for filing the initial petition.

B) Wow, an entire extra year. Thank you for informing me of that so there are no surprises. I suppose it will be okay if we already have a place in Canada to live. It will make planning things a little hard, though.

C) Perfect, thanks!

D) I'm fairly certain that Canada is more lenient in what they count towards their residency requirements, but I will definitely check that on the Canada immigration forum I follow.

E) Got it.

A) nope you can totally stay in Canada during the whole time

B) before the interview I suggest you as the petitioner move back to the USA, get a place to live and reestablish your domicile. This would eliminate your issues with domicile and make sure the visa is granted soon after interview.

D) they are but you'd be a Canadian PR based on being married to a Canadian citizen residing in Canada. For a Canadian citizen we become a non-resident when we take up US residence (like the minute our visa is stamped) You woild want to discuss such implications with a Canadian based immigration lawyer and/or Canada immigration.

We also noted it was a lot easier for immigration for both directions if we were married.

[neoblast 138]

Hi neoblast. Would you mind explaining what you meant when you said that I would eventually run into issues staying 6-6 months? How is that a problem if I have legal residency in both countries? Do you mean for taxes or is there something else I am missing? To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period. My answer only applied to US resident. From reading this I think you should be fine.

Also, I would still be spending the majority of my time in Canada because my then husband would be living there still. So I would only be taking trips to visit family with him until the Green Card went through.

Yeah, thanks for pointing out the US based income thing. I'm not sure they will accept global income, which is what the shop would probably consist of. Though, most purchasers would be from the US most likely if that helps. I guess I would have to get legal advice on that one.

Thanks for your input!

[epmarshall 0]

A) nope you can totally stay in Canada during the whole time

B) before the interview I suggest you as the petitioner move back to the USA, get a place to live and reestablish your domicile. This would eliminate your issues with domicile and make sure the visa is granted soon after interview.

D) they are but you'd be a Canadian PR based on being married to a Canadian citizen residing in Canada. For a Canadian citizen we become a non-resident when we take up US residence (like the minute our visa is stamped) You woild want to discuss such implications with a Canadian based immigration lawyer and/or Canada immigration.

We also noted it was a lot easier for immigration for both directions if we were married.

That's a good suggestion, thanks. So would that take off the extra potential year of Montreal wait time as well? Also, how many months ahead of the interview would I need to move back do you think? I'm just wondering if immigration will look at things weirdly if I only move back a month in advance or something.

Thanks, NLR! You've been very helpful.

Hi neoblast. Would you mind explaining what you meant when you said that I would eventually run into issues staying 6-6 months? How is that a problem if I have legal residency in both countries? Do you mean for taxes or is there something else I am missing? To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period. My answer only applied to US resident. From reading this I think you should be fine.

Also, I would still be spending the majority of my time in Canada because my then husband would be living there still. So I would only be taking trips to visit family with him until the Green Card went through.

Yeah, thanks for pointing out the US based income thing. I'm not sure they will accept global income, which is what the shop would probably consist of. Though, most purchasers would be from the US most likely if that helps. I guess I would have to get legal advice on that one.

Thanks for your input!

Neoblast, I looked it up and see what you mean now. However, it does say this as well:

"Time spent outside Canada may also count towards the two years if you are:

• travelling with your spouse or partner who is a Canadian citizen"

I'm not sure this would work for this situation, but I thought I'd point it out. I guess it doesn't count as traveling if you are living with your spouse in the US for some of the year, does it? Any thoughts there?

Thanks!

Edited March 3, 2016 by epmarshall

[NikLR 13,227]

A month is fine. As long as you can prove you have reestablished domicile by interview day, you eliminate any extra wait.

If you are wanting to wait longer for the visa, i suggest extending times at the NVC stage, not after interview. You have more control this way and a better idea of what's happening in your case vs the black hole that happens at a consulate or embassy.

Majorly I highly suggest waiting to move to the US until youve been married for 2 years. This way the Canadian citizen will get a 10 year green card instead of a 2 year card which eliminates the need to remove conditions in the US.

Have you looked into the 2 year rule for Canadian PR spouses?

http://www.cic.gc.ca/english/resources/publications/family-sponsorship.asp

[epmarshall 0]

Wow, thank you NLR. Those are some great suggestions. That definitely makes our plan a lot more solid.

Oh, okay. So just to make sure I have this right. For the 10 year Green Card rule you mentioned, do we need to have been married for 2 years before we start the entire process or is it okay to start a little before that as long as we reach the 2 year mark before the interview?

Also, I have heard of the 2 year conditional PR rule for Canadian PRs, but that shouldn't be an issue for us as long as we live together, right? If we get married now and receive Canadian PR in about 6 months. And we'll be up here a while still. And assuming we do US Green Card after at some point, then we'll certainly have met the 2 year rule by the time CR1 processes.

Thanks so much again, you've been a great help!

[NikLR 13,227]

As long as you enter after your 2nd anniversary you're fine. It's the date of entry after receiving the visa, not filing that matters.

And I believe so for the 2 yr Canadian rule.

Glad I could help. I've been home sick so I've had more VJ time than normal. Stupid tonsil.

[Boiler 45,525]

Every US Government entity seems have its own definition of Resident.

And I am reasonable certain that Canada is different to the US.

So certainly in theory it would be possible to have both, I accept that for most people the answer is one or the other with some sort of limited time cross over.

[epmarshall 0]

As long as you enter after your 2nd anniversary you're fine. It's the date of entry after receiving the visa, not filing that matters.

And I believe so for the 2 yr Canadian rule.

Glad I could help. I've been home sick so I've had more VJ time than normal. Stupid tonsil.

Ah, okay. So just by the time we actually enter the US.

Sorry that you're sick, but it sure helped me that you were online. Thanks again and feel better, NLR!

[epmarshall 0]

Every US Government entity seems have its own definition of Resident.

And I am reasonable certain that Canada is different to the US.

So certainly in theory it would be possible to have both, I accept that for most people the answer is one or the other with some sort of limited time cross over.

Any idea on who would know this information for sure, Boiler? I would contact immigration, but I know the CIC call center is often wrong. And lawyers make their fair share of mistakes unless you get a really good one. I'm just not sure who to contact to find this info.

It makes me wonder about people who have multiple homes in several different countries. I guess those are just vacation homes for most of the people who do that, though.

[Boiler 45,525]

Any idea on who would know this information for sure, Boiler? I would contact immigration, but I know the CIC call center is often wrong. And lawyers make their fair share of mistakes unless you get a really good one. I'm just not sure who to contact to find this info.

It makes me wonder about people who have multiple homes in several different countries. I guess those are just vacation homes for most of the people who do that, though.

The US is not going to know, or care about Canadian requirements. And anyway they are not there to give you legal guidance.

I assume it is sort of similar the other way around, probably Canada is more user friendly.

It is reasonable easy to talk about where you are clearly residing or not residing in a country, they grey area in the middle is open for debate, you then add another Country requirement and you significantly increase the area for confusion.

Abandonment is a specialist area, most US Lawyers will only have a basic understanding.

The safe bet from a US perspective is to naturalise, if you want to push it otherwise, at your own risk.