Returning to Canada Due to a Marital Separation - Amount of Time Unclear

[Stacyyy 23]

I've got a situation that I'm not sure what to do with and I would love some advice or opinions on it.

 

I moved to the US almost 4 years ago and I have my 10 year green card. I am not a US citizen yet. My husband and I are going through some stuff and don't know if we want to be together or not anymore. We want a bit of a separation, for now, to try to figure it out.

 

I'm planning on driving back to Canada for at very least a few months. It could be permanent, and I doubt that I will want to come back to the US to live, but I just don't know right now. Maybe I will change my mind. 

 

I kind of want to bring a bunch of my important things back with me to Canada in case this is it for us. I know that if I'm going back to Canada permanently then there's a form I should fill out to do that. Whether or not I have to re-import my car is unclear to me. I bought it in Canada and it's the same vehicle without modifications. Does anyone know the process for this? 

 

I am not going to cut any of my ties here in the US or establish any sort of residency in Canada until my husband and I have made a decision. Because I just don't know what our decision will be, I'm unsure of what I should do. Do I take a bunch of my stuff and fill out the form? Do I take a bunch of my stuff and not worry about that and just be honest that I don't know if I'm staying permanently or not? Obviously, I will be honest either way, but should I fill out the form? Will Canadian CBP understand if I'm like "hey I might be getting a divorce and moving back to Canada, but I just don't know and I'm taking some time to figure it out?"

 

On the other hand, I know that if I decide to stay in Canada I need to fill out paperwork and turn in my green card to US CBP. Is it okay for me to be going back to Canada for a separation, and not know if I will return to the US as a permanent resident?

 

Also, if I do move back to Canada permanently and forfeit my green card, can I still visit the US?

 

I wish I was more decisive but I'm just not right now. Please give me your opinions! If you see other options that I'm missing please let me know that too. 

[acidrain 325]

I'm very sorry to hear what you are going through. I can't even imagine what that experience must be like. Breakups are hard enough and I'm sure the idea of relocating back to Canada creates a lot of anxiety.

 

I will give this piece of advice. Someone I know was in the same predicament. She established a life down in the US along with her kids. She's still very good friends with her ex to this day. But sometimes relationships don't work out. She came back to Canada and set up shop again. I can't speak for her but believe she was homesick from all the years being away from Canada. Like you she had a 10 year PR card. I always wondered what would've happened if she had removed conditions and gotten her citizenship. If she had she could've moved anywhere in the US. Now she's finding it difficult to live in Canada because housing where we are is ridiculously expensive.

 

I find it interesting a good portion of her social media posts reflect on her time living in the US. Once she turned in her PR that was it. Unless she found another USC spouse she would never get the opportunity to live there again. The same goes for her kids. I think it's really good you are thinking about the bigger picture and end game to all this. Another option is a 751 in which your spouse is removed as your sponsor on your green card. You'd retain your green card but of course you'd have to plan on staying in the US for the long term.

 

If you are going through a separation I would keep the explanation short with the border. You honestly don't know. General rule of thumb is when you live in either the US or Canada for more than 6 months you are considered a resident of that country. I believe after 1 year you have to give up your US green card. I saw this happen on the show Border Security to a Ukrainian woman. It might be best to consult with an attorney to figure out a good strategy. Don't be a fool like us and assume anything when it comes to immigration.

 

It's understandable if you don't feel comfortable sharing details of your relationship. But some of it might come down to how your spouse feels about the separation and what his role to play in everything will be.

 

If you forfeited your green card and are a Canadian citizen the rules you were subjected to before apply (can visit up to 180 days a year).

[Going through 5,671]

28 minutes ago, Stacyyy said:

I kind of want to bring a bunch of my important things back with me to Canada in case this is it for us. I know that if I'm going back to Canada permanently then there's a form I should fill out to do that.

The form is for large items that will follow you to claim at the border later on after returning---like furniture, etc.  If you are bringing only your regular luggage and maybe some small household items in your car (ie. dishes), you do not need to fill out any form as a Canadian citizen.

 

28 minutes ago, Stacyyy said:

I am not going to cut any of my ties here in the US or establish any sort of residency in Canada until my husband and I have made a decision. Because I just don't know what our decision will be, I'm unsure of what I should do. Do I take a bunch of my stuff and fill out the form? Do I take a bunch of my stuff and not worry about that and just be honest that I don't know if I'm staying permanently or not? Obviously, I will be honest either way, but should I fill out the form? Will Canadian CBP understand if I'm like "hey I might be getting a divorce and moving back to Canada, but I just don't know and I'm taking some time to figure it out?"

Keep in mind that permanent residency means that you permanently reside in US more often in a 12-month period than not.  Staying outside of the US for more than a few months at a time is not in your best interests if you want to keep your legal status in the US.  If you are planning on staying in Canada for an extended period of time, and wish to keep your US legal status, you will need to obtain a re-entry permit before leaving.

 

As for what to tell CBP, honesty is the best policy. (as per VJ terms of service, this is the only answer people can really give).

 

28 minutes ago, Stacyyy said:

Is it okay for me to be going back to Canada for a separation, and not know if I will return to the US as a permanent resident?

Yes.  As a Canadian citizen you have right of entry into Canada at any time.

 

28 minutes ago, Stacyyy said:

Also, if I do move back to Canada permanently and forfeit my green card, can I still visit the US?

Yes, 

Edited September 13, 2017 by Going through

[NikLR 13,227]

Also if you're at the 4 year mark you  may want to invest in citizenship for the opportunity to move back down at will.  

 

I'm sorry you are having a rough time. I hope you can sort it out and be happy even if your relationship doesnt work out.  

[Stacyyy 23]

Thank you all for your responses. I really appreciate it!

 

The hardest part for me right now is just not knowing what I want to do. My husband isn't sure what he wants right now either. I realize that I can go home to Canada for a while and think about it while I'm there. I am considering coming back in the spring to reevaluate with my husband where we are at and how we feel. I could apply to get my citizenship then. Maybe just making this an extended trip rather than something permanent is the best option. Does that make sense? I want to do all of this in the most logical way while still following the rules.

 

So long as I claim any income I make in Canada when I file my US tax return, does USCIS care if I work in Canada while I am there for an extended trip?

 

[Going through 5,671]

3 minutes ago, Stacyyy said:

So long as I claim any income I make in Canada when I file my US tax return, does USCIS care if I work in Canada while I am there for an extended trip?

If you moved 4 years ago to the US, your SIN card might be dormant at this point.  You would have to go to a Service Canada center and see about that...(I speak from experience as mine went dormant while outside the country and I had to apply for it to be reinstated---you will get your original number, still).

 

As for USCIS caring, it really depends on how long you plan on staying outside of the country and working/residing in another one.  If you're only out for a couple of months, it's no problem.  If you're out for, say, 5 or more months it can cause issues with whether they begin to think you've abandoned your residency in the US.  If you plan on staying in Canada for a good while, you may want to think about applying for a re-entry permit before you leave the US, which will allow you up to a 2-year stay without fear of USCIS deeming your residency status abandoned.

[Stacyyy 23]

I hadn't thought about my SIN card going dormant. I will look into that when I get there. 

 

I'm definitely going to look into getting a re-entry permit. At this point, I'm thinking about coming back in March or April. Do you think if I keep all my ties here and leave for 6ish months it will be iffy when I try to come back into the US?

[NikLR 13,227]

No but get health care etc.. you can't use Canadian health care because you have to be a resident to do that. 

[Going through 5,671]

8 hours ago, Stacyyy said:

I'm definitely going to look into getting a re-entry permit. At this point, I'm thinking about coming back in March or April. Do you think if I keep all my ties here and leave for 6ish months it will be iffy when I try to come back into the US?

They will question why you've been gone so long for 6ish months, yes, most likely, and maybe how you supported yourself in Canada for that time period.  Which then can open up to more questions.  Really, it all depends on who you get at the border, and how stringent they want to be.  I went to Canada for only 2 months on vacation, and was asked "why so long?" at the border when re-entering the US and answering honestly about how long I'd been away.

[Stacyyy 23]

6 hours ago, Going through said:

They will question why you've been gone so long for 6ish months, yes, most likely, and maybe how you supported yourself in Canada for that time period.  Which then can open up to more questions.  Really, it all depends on who you get at the border, and how stringent they want to be.  I went to Canada for only 2 months on vacation, and was asked "why so long?" at the border when re-entering the US and answering honestly about how long I'd been away.

 

How long ago was your trip where they questioned you? 

 

This web page says that "If you are a lawful permanent resident (green card holder), you may leave the U.S. multiple times and reenter, as long as you do not intend to stay outside the U.S. for 1 year or more." So wouldn't that mean that so long as I am planning on returning to the US and living here, I can stay outside of the US for a while without a reentry permit, as long as it's not for a year or more?

[Going through 5,671]

35 minutes ago, Stacyyy said:

 

How long ago was your trip where they questioned you? 

 

This web page says that "If you are a lawful permanent resident (green card holder), you may leave the U.S. multiple times and reenter, as long as you do not intend to stay outside the U.S. for 1 year or more." So wouldn't that mean that so long as I am planning on returning to the US and living here, I can stay outside of the US for a while without a reentry permit, as long as it's not for a year or more?

My trip of two months took place in March 2017.

 

This is from the USCIS website.  Also, if you are ever planning on becoming a US citizen at some point, take note of the second paragraph:

 

Does travel outside the United States affect my permanent resident status?

Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status.  A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence.  While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.

 

Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization.  If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes.

 

https://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

 

 

[Ontarkie 14,222]

In order to not worry about your trip to Canada is make sure the US still sees you are a US resident.

 

So look at it like it is. You are going to Canada to visit, you are not moving. If you make it look like you are moving (packed all your stuff and gave up your place to live) then you can lose your GC right then and there. (ok not just like that but close)

 

When returning to the US when asked how long you were gone. you tell the truth, you were gone xyz months. If asked why you can say you were visiting family, had the time or a short duration job that was offered. What ever it is but be honest and make sure it is what it is. A temporary job or vacation. 

 

If you do work in Canada you pay taxes as a non resident. You do not use or benefit from the Health care system. Canadian health care is only for Canadian residents. You cannot be a US resident and a Canadian resident at the same time. Using the health care system is a sure fire way to lose your US PR. Get health insurance from the US that will cover you in Canada. 

 

It's not likely you would get denied reentry to the US if you don't set up home in Canada. My husband even get asked how long he was away for and why. He's the USC, we all are now so we all get asked too. 

[Going through 5,671]

7 minutes ago, Ontarkie said:

My husband even get asked how long he was away for and why. He's the USC, we all are now so we all get asked too. 

Curious about this....what sort of reaction do you tend to get now at the border when returning from extended stays in Canada? (let's say 6 months stay in Canada to pull a number out of the air)

[Stacyyy 23]

1 hour ago, Ontarkie said:

In order to not worry about your trip to Canada is make sure the US still sees you are a US resident.

 

So look at it like it is. You are going to Canada to visit, you are not moving. If you make it look like you are moving (packed all your stuff and gave up your place to live) then you can lose your GC right then and there. (ok not just like that but close)

 

When returning to the US when asked how long you were gone. you tell the truth, you were gone xyz months. If asked why you can say you were visiting family, had the time or a short duration job that was offered. What ever it is but be honest and make sure it is what it is. A temporary job or vacation. 

 

If you do work in Canada you pay taxes as a non resident. You do not use or benefit from the Health care system. Canadian health care is only for Canadian residents. You cannot be a US resident and a Canadian resident at the same time. Using the health care system is a sure fire way to lose your US PR. Get health insurance from the US that will cover you in Canada. 

 

It's not likely you would get denied reentry to the US if you don't set up home in Canada. My husband even get asked how long he was away for and why. He's the USC, we all are now so we all get asked too. 

5

^^ This is what I'm going to do. Instead of making such an emotional and life-changing decision I'm just going to go back home to Canada to visit and then come back. I will drive there at the beginning of October and drive back sometime in March. I'll make sure I don't do anything in Canada that makes me a resident and I will keep my trip under 6 months which gives me plenty of time to think and spend time with my family, which is what I need more than anything. I'll keep all my ties open and have proof that I'm planning on going back to the US to reside, because I am.

 

I do want to get my citizenship so I will do that when I get back from my trip. This way my residency time requirements for citizenship won't be affected either.  

 

This thread has been so helpful. You guys are the best. Thank you for helping me sort through all of this.

[NikLR 13,227]

Be sure to have a place to go back to as well.

 

Best of luck to you.