Visiting home country for extended periods?!

[Michael_88 6]

Hey Visa Journey!

I was admitted to the U.S. on K-1 visa and received my 2 year conditional Green Card back in June/16. I've been working consistently but my living circumstance with my spouse hasn't been the best, especially how we are staying by family at the moment. If I was to go back to Canada and work for a few months would that ultimately affect me conditional status in any form? I don't want to give up my status here in the states or get divorced but just need a break from all of this chaos in the home. Hopefully my wife and I can get a place of our own soon. If I were to go home for say 5-6 months with 1 or 2 visits in between to see my wife would I have problems returning to the U.S.? I've thought on so many occasions to return to Canada and move back to the U.S. with her at a later date but I feel that it's not wise to go through the whole process all over. I've asked if she would return with me but she can't leave due to work/family obligations. I'm just so miserable at this point. I hate how there are so many stipulations under conditional status, I have nothing to prove or hide I've known my wife for 10 years! Advice is greatly appreciated, thanks!

[JDWright 30]

5/6 months sojourns home? You most likely (99%) will run into problems on reentry. As an LPR you're supposed to live in the US. i.e. spend most of your time there. Short trips are fine, but 6 months is begging for trouble.

https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

See this page for more info, it states:

"Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:

• The reason for your trip;
• How long you intended to be absent from the United States;
• Any other circumstances of your absence; and
• Any events that may have prolonged your absence.
• Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence."

These caveats might be very difficult to prove to USCIS though as with everything. Other sources say that 6 month absences are determined to be abandonment of status.

That sort of absence will also slow down your removal of conditions status.

Edited September 8, 2016 by JDWright

[Sandra G. 5,049]

Green card is for you to live and work IN THE USA.

Travel to VISIT your family,or to visit another country or for medical treatment, even for 6 months, the POE officer accept, but working in Canada is a different thing, you can find some trouble to reenter.

[Jojo92122 1,924]

There are several problems with your plan.

If you claim Canadian residency to get a job or get Canadian health care benefits, then you are forfeiting your green card status. A green card is for living in the US and you will lose yours by claiming a foreign residency.

Living in Canada will make it EXTREMELY HARD for you to prove a bona fide marriage to remove the condition on your 2 years green card.

While you have nothing to prove or hide, you do need to comply with the restrictions and stipulations on the green card that you choose to get.

[Ontarkie 14,237]

As mentioned above your GC is for living in the US.

If you do need a break and are going to head back to Canada there are a few things that you can do to help prove you didn't abandon you GC.

One thing to do is make sure you are taxed as a non resident in Canada.

Second is to make sure you never ever ever use the Canadian health care as the health care system is only for residents of Canada. You cannot be a resident in both countries.

[KierenHby 899]

Hey Visa Journey!

If I was to go back to Canada and work for a few months would that ultimately affect me conditional status in any form?

Yes. Work abroad would be deemed to have abandoned US residency. Not just conditional residency, but your permanent residency could be in jeopardy.

[tuckin14 58]

I disagree. My ex-wife and I were married in January 2011 and she got her green card in November. She was still living in Canada and working as a schoolteacher, and came to the USA on weekends. She continued to teach in Canada until June 2013.

I can't speak to her removal of conditions, because we separated almost as soon as she moved to the USA in August 2013.

I think there was one time she was questioned crossing the border. They gave her a form to fill out, but the form instructions specifically said it didn't apply to her situation. We didn't fill it out and she had no further issues.

[Ash.1101 1,756]

I disagree. My ex-wife and I were married in January 2011 and she got her green card in November. She was still living in Canada and working as a schoolteacher, and came to the USA on weekends. She continued to teach in Canada until June 2013.

I can't speak to her removal of conditions, because we separated almost as soon as she moved to the USA in August 2013.

I think there was one time she was questioned crossing the border. They gave her a form to fill out, but the form instructions specifically said it didn't apply to her situation. We didn't fill it out and she had no further issues.

It's a case of "what should happen" vs "What could happen". Your wife SHOULD have lost her GC for LIVING and WORKING in Canada, but she didn't. How none of them picked up that she was only in the US on the weekends is a ball being dropped. The OP -COULD- move back to Canada, visit, and work there, but CBP -SHOULD- catch it.

If you LIVE and Work outside the US, you SHOULD lose your green card. I've seen people who LIVE in the US but work remotely for Canada, and that's fine, but when you're living AND working in Canada, it's a matter of luck/time before it's noticed. There are people who have been illegal in the country for decades and never caught. SHOULD people stay in the US out of status, no, they SHOULD do things the "right" way. (What we're all doing here). COULD people stay in the US out of status? Yes. SHOULD you steal that candy bar? No. COULD you steal that candy bar? Yea probably.

I'm guessing one of the biggest issues ya'll are having is because you live with her family since you said that you think it would be better once you got your own place, is there a reason why ya'll can't move into your own place.

A LOT of relationships here hit rocky waters because they are living with inlaws and not on their own. MOST that end up moving out asap end up doing much better.

I think it may be better for you to focus on finding your own place than to completely bail to work and live in Canada. I'm going to assume you'll live with family, as it seems to be more reasonable that if you want to live separate from your wife that you just move into your own place and work in your town. You'd still be close enough to see her, but you'd be in another home.