Being outside the States for about a year

[bakappuru 0]

Hi all,

There is a question about maintaining a green card.

I am a 10-year US green card holder. My husband (US citizen) got a job in Canada and we are both currently in Canada.

His original contract was for a year so I did not apply for a re-entry permit. We came to Canada 6/21/2015, and were going to go back around 6/20/2016.

Today he was asked to stay two and a half more weeks to finish his project which is until 7/5/2016. He can choose if he can stay or not. He said he wants to stay but he will do so only if I will be ok status wise.

Now I am trying to find out what day exactly I need to go back to the States.

So I thought this forum is the place to ask for advise from visa experienced people ^^

>>>Here is the break down.

- We will go through a US Land border security when we go back to the States.

- We arrived in Canada 6/21/2015, but kept our apartment in the States until 7/31/2015.

- Since 6/21/2015, we spent about 19 days in the States. (4 days in July, 5 days in Nov, 7 days in Dec, 3 days in Jan)

- We live by the border, so we often (twice a month) visit the States through a land border security. That does not count,,, right?

- We have banks, credit cards, car loan, car, cell phones, everything with US companies.

- Remotely though, I work for a US company.

I was thinking 7/31/2015 is when I start living outside the States..?

Has anyone been in a similar situation??

Please advise m( _ _ )m

Thank you in advance.

[NikLR 13,227]

You may have some issues.

Did you use health care in Canada? How have you filed taxes?

But all those visits are a good thing, however not maintianing a residence in the USA is not.

[NikLR 13,227]

Are you a derivative of your husbands work status or visa in Canada? How have you been legal in Canada for this long?

[bakappuru 0]

You may have some issues.

Did you use health care in Canada? How have you filed taxes?

But all those visits are a good thing, however not maintianing a residence in the USA is not.

We are about to apply for health care through his company, but we only have three months in Canada, so we may decide not to.

We do not have any health care insurance right now ToT

We will file tax before we leave Canada. Our CPA in the States will take care of it so not sure how he is going to do it.

I see, visits are just visits...

[bakappuru 0]

Are you a derivative of your husbands work status or visa in Canada? How have you been legal in Canada for this long?

Yes, I have an open spousal visa from my husband's.

It was issued Nov 2016.

From 6/21/2015 to Nov 2016, I was in Canada under tourist status.

[NikLR 13,227]

We are about to apply for health care through his company, but we only have three months in Canada, so we may decide not to.

We do not have any health care insurance right now ToT

We will file tax before we leave Canada. Our CPA in the States will take care of it so not sure how he is going to do it.

I see, visits are just visits...

As long as you're not using provincial health care. Only a resident of Canada can use provincial health care. Make sure your taxes in Canada is as non-residents and the US are as residents. This will help strengthen your case that the stay was temporary and not taking up residence in Canada.

Edited March 16, 2016 by NLR

[bakappuru 0]

As long as you're not using provincial health care. Only a resident of Canada can use provincial health care. Make sure your taxes in both Canada and the US are as non-residents. This will help strengthen your case that the stay was temporary and not taking up residence in Canada.

Thank you, NLR!

I see. I guess it is a good thing that we have not applied for Canadian health care.

About tax return, we will ask our CPA to do non-residents.

[NikLR 13,227]

Only for Canada! Make sure your US taxes are as residents!

Sorry I realized afterward I worded that wrong.. Let me fix my original post.

Thank you, NLR!

I see. I guess it is a good thing that we have not applied for Canadian health care.

About tax return, we will ask our CPA to do non-residents.

Yes it's a good thing you did not apply for provincial health care. However you should've gotten travel insurance in case of an accident.

[bakappuru 0]

Only for Canada! Make sure your US taxes are as residents!

Sorry I realized afterward I worded that wrong.. Let me fix my original post.

Yes it's a good thing you did not apply for provincial health care. However you should've gotten travel insurance in case of an accident.

Noted. Thank you very much.

Yes I should have gotten travel insurance..

[Dashinka 24,528]

Back to your original question. If you have a residence here in the US, why don't you head back before the year is up and your husband can head back a few weeks later? Otherwise, you will need to look at getting a re-entry permit in my opinion.

Good Luck!

[bakappuru 0]

Back to your original question. If you have a residence here in the US, why don't you head back before the year is up and your husband can head back a few weeks later? Otherwise, you will need to look at getting a re-entry permit in my opinion.

Good Luck!

Thanks Bill & Katya.

We thought leaving together is ideal and least expensive to do. We have to drive back to the States which is a long long drive, have to get rid of the apartment in Canada, and move into a new apartment in the States. It is a lot.

Him staying and working two more weeks will bring extra income, but if I leave first and pay for air tickets and all the stuff (we do not have a place to stay in the States yet), we will end up spending more money than his extra income...

I cannot apply for a re-entry permit in Canada, right?

[NikLR 13,227]

No.