Can I move back to Canada on a conditional US green card?

[North1 0]

Hello, 

 

Currently I am a Canadian Citizen dating an American Citizen. I have a 3 yo child as well. We have come to a decision to live in the US while my bf finishes his master's degree. I would like to work while I am there. My son will not be living with me perminantly, however his father and I have agreed to continue 50/50 shared custody while I am abroad. I have to return to Canada when my son turns 6 so he can begin school, as I will no longer be able to see him on his travel visa to and from the US 50% of the time. At the same time my US boyfriend will be done his master's and will attempt to move to Canada to reside there. Is this possible. I know a K1 Visa is an option and if he asks me to marry him, we will try this. Once I enter the US I will need to work. But once I receive the conditional green card, as it lasts 3 years, if I return to Canada, will I ever be allowed to move back to the US in the future if my bf(husband) wishes to return? I'm sorry this seems very confusing and I've done a lot of research on visas so far but am coming short with answers. 

Edited October 22, 2017 by North1

[geowrian 22,337]

Option 1: K-1 visa.

ETA: ~7-9 months to obtain.

You must marry within 90 days of entry.

You cannot work or travel abroad (and return) until you get an EAD or AP. ETA: ~4 months for those.

Expensive (K-1 costs + AOS costs)

 

Option 2: CR-1 visa. (Must be married already to start the process)

ETA: ~12-14 months to obtain.

You can work and travel abroad (and return).

Cheaper (~$1200) since no AOS is needed.

 

Option 2 looks like the way to go since you stated you need to work. Both options would net you a conditional green card valid for 2 years (not 3 years!), then you need to do ROC. Well, unless you are married for 2+ years at the time you enter on the CR-1 visa or when AOS is approved...but this doesn't sound like it will be the case here.

 

I'm not sure on the requirements to move to Canada, sorry. But if you plan to stay in Canada as your primary residence, then you will need to either abandon the green card (or it will happen automatically) or not bother with getting one in the first case. You cannot live abroad with a green card...it's for permanent residence within the US (not just visits while you live abroad). Being abroad over 12 months sets a presumption of abandoning permanent residence (and just stops by the US to try to "reset" the clock won't work as they look at the totality of the circumstances).

 

If you decide to come back to stay in the US later, you can apply for an IR-1 visa at that time. Visits are still permitted without a green card, though.

 

Another consideration is to get married and do the CR-1 visa route. Then stay in the US for 3 years and apply for citizenship under the 3 year rule (assuming you are still married to the USC at that time). Once you're a USC, you can enter at any time and there's no restriction on how long you can be abroad.

Edited October 22, 2017 by geowrian

[Going through 5,671]

11 minutes ago, North1 said:

But once I receive the conditional green card, as it lasts 3 years, if I return to Canada, will I ever be allowed to move back to the US in the future if my bf(husband) wishes to return?

The green card is for permanently residing in the United States (it is conditional for 2 years, not 3).  It's not to be used like a tourist visa back and forth, so you want to be careful with this because you could end up losing legal status in the US if you are found to be spending too much time abroad in Canada.

 

If you do wish to keep legal status while abroad in Canada, you would have to apply for a re-entry permit  before leaving the US which allows an extended period of stay as a green card holder.

 

 

[Redheadguy03 505]

Well you can't work on a k1 visa. So, if you want to work that's not an option. Spousal visas and k1 visas are for people who want to immigrate and live in the United States. Not people who want to temporarily live there and then move back to Canada. 

 

The conditional green card is 2 years not 3 and it takes a while to receive it. If you have your green card and stay out of the country for more than half the year you risk losing your green card as you aren't residing in the United States. 

 

You could come back eventually, but you'd have to reapply again if you were wanting to work. If you don't work as a Canadian you can visit for tourist purposes. 

[jan22 3,056]

Does your occupation qualify for  a TN visa?  If so, this might be the way to go right now --- find employment that meets TN requirements and you can work immediately, married or not.

[North1 0]

Unfortunately my occupation does not qualify for the TN visa. However I have worked in my field for over 3 years. I must return to Canada so that I can raise my son while he attends school. I do not qualify for the H-1B visa. I may be able to work temporarily on a H-2B. Avoiding the green card altogether until a later date. Maybe once my son is done school we will move to the US. At this time I would just like to work and be able to live for at least a year or 2 in the US. 

[Penguin_ie 5,994]

*****  Moving from K1 to What Visa do I Need forum *****

[NikLR 13,227]

4 hours ago, North1 said:

Unfortunately my occupation does not qualify for the TN visa. However I have worked in my field for over 3 years. I must return to Canada so that I can raise my son while he attends school. I do not qualify for the H-1B visa. I may be able to work temporarily on a H-2B. Avoiding the green card altogether until a later date. Maybe once my son is done school we will move to the US. At this time I would just like to work and be able to live for at least a year or 2 in the US. 

Unfortunately what you want and what is possible are two different things. 

However I disagree with one poster.  You could certainly have a green card for 2 years and then abandon it.  You can reapply at a later date and while they will ask why, you just tell the truth. 

To be honest the CR1 to citizenship route would be your best bet but will take a minimum of 4-5 years.  It takes about 1 year to get the CR1 visa after marriage.  Your son would need a cr2 visa.  Then it would take 2 years until removal of conditions and at 3 years you can apply for citizenship which also takes about a year to obtain.  At that point you can freely move back and forth and your son would also be a citizen automatically.

 

However there are no visas that allow you to move in with your boyfriend and allow you to work if you do not qualify for a work visa.  

[BuiQuang 95]

ur son will need green card too.  he can no live in US for 50% with no green card.  big problem if u get green card and he do not when u 2 cross border into US.  u okay.  him not okay and no can come into US.

Edited October 23, 2017 by BuiQuang

[N-o-l-a 7,167]

9 hours ago, NikLR said:

 Your son would need a cr2 visa.  

 

 

This.  You aren't likely going to be allowed to let him "live" in the country under a tourist visa.

 

Another suggestion might just be visiting your significant other and waiting out the Canadian immigration.  You'll save yourself a lot of money and frustration in the process.

[North1 0]

If I were to obtain a H-2B visa would my son be able to visit me for up to 6 weeks at a time? 

[BuiQuang 95]

6 hours ago, North1 said:

If I were to obtain a H-2B visa would my son be able to visit me for up to 6 weeks at a time? 

he need visa to live in us 50%.  u no can get around this.  50% time in US need visa.