Commuter green card

[CANADA_TO_US 0]

7 minutes ago, payxibka said:

If by saying otherwise you mean it is silent to that affidavit,  then OK.

 

 

Sorry, I do not understand. By "it is silent to that affidavit", did you mean it does not comment on the AOS? If so, I agree. However, it does say the green card can  be obtained via family sponsorship, which could mean that AOS doesn't matter once you have the green card.

That's the point I am trying to make, hard to make conclusions based on such information. I am still on y hunt for the official information. Thanks!

Edited May 27, 2019 by CANADA_TO_US

[NikLR 13,231]

Is the point to live in Canada to not have to relocate or other reasons?  You may need to pay Canadian taxes as a non-resident and have health care insurance.  I'm not sure exactly how it works and you likely should consult an attorney. 

[CANADA_TO_US 0]

5 minutes ago, NikLR said:

Is the point to live in Canada to not have to relocate or other reasons?  You may need to pay Canadian taxes as a non-resident and have health care insurance.  I'm not sure exactly how it works and you likely should consult an attorney. 

The point is to have the USC spouse keep working at their Canadian job and obtain Canadian citizenship before we move to the US. It did not matter to us before, but it just so happens that the US job offer I received would need me to fly all over US anyway, why not just fly from Toronto and save my spouse headache of job hunting, not having to move and buying a house in US, and get Canadian citizenship as well.

 

I will have US health insurance so losing Canadian healthcare does not matter to me. Neither are taxes an issue, since there is a tax treaty and I wont be double taxed.

Edited May 27, 2019 by CANADA_TO_US

[Ben&Zian 4,398]

 

commuter GC... interesting... kind of defeats the whole purpose of being a "permanent resident" of the US doesn't it?

[Crazy Cat 42,033]

42 minutes ago, CANADA_TO_US said:

The point is to have the USC spouse keep working at their Canadian job and obtain Canadian citizenship before we move to the US. It did not matter to us before, but it just so happens that the US job offer I received would need me to fly all over US anyway, why not just fly from Toronto and save my spouse headache of job hunting, not having to move and buying a house in US, and get Canadian citizenship as well.

 

I will have US health insurance so losing Canadian healthcare does not matter to me. Neither are taxes an issue, since there is a tax treaty and I wont be double taxed.

Doesn't make sense to me.  How can you qualify for an IR-1?  That requires USC establish domicile inside the US.......a Primary residence.

Edited May 27, 2019 by missileman

[CANADA_TO_US 0]

8 minutes ago, Ben&Zian said:

 

commuter GC... interesting... kind of defeats the whole purpose of being a "permanent resident" of the US doesn't it?

It is only offered to citizens/residents of Canada and Mexico, so not a common thing. Very few people are actually in a situation where they can utilize it. You cannot however count the time spent on commuter green card towards US citizenship residency requirements, so there are downsides to it. Hence, not very many people find themselves in a situation where they can use this option.

[Allaboutwaiting 2,503]

To qualify as a commuter, you must have a stable job in the US and already a green card.

If you do, you must file an I-90, Application to Replace Permanent Resident Card, choosing C2 category -commuter-, pay the fee -540 dollars-, and include pay stubs for 6 months. 

You'll pick up your green card at a designated port of entry and must present form I-178 plus proof of employment to CBP every 6 months, 

 

On this category you will never qualify for citizenship and if you don't work for 6 continuous months, you lose the green card. 

If your state in the US requires residence for a driving license, you won't be able to get one. 

Edited May 27, 2019 by Allaboutwaiting

[carmel34 3,650]

I have family members with a commuter green card, so I'm familiar with its conditions and process to get one.  First you have to enter the US like any other immigrant and satisfy the requirements.  In your case, the problem is your USC wife may not satisfy the US-based income required to sponsor you, since she lives in Canada.  This will come up at your interview.  You'll also need a US domicile which I'm assuming that you have, to get the initial green card the regular way.  The second problem you may have is that the terms of commuter green cards, which you apply for via USCIS after getting a normal green card, stipulates that your place of work is in the US--i.e., that you travel at least twice a week to your workplace in the US.  In your case, you work remotely, so you may not be able to satisfy this condition.  The commuter green card is intended for workers who live close to work but on the other side of the border, for example, you live in Windsor but you drive to work every day or at least twice a week, in Detroit.  Because you work remotely for a US company this condition may not apply to you.  All you can do is try, once you get your green card, contact the USCIS office closest to your US address/domicile and ask for one in writing, there is no form.  They will want documentation of your need to commute to work in the US, the address of this place of work, and then it will be a judgment call by the IO if you qualify or not.  The question of this condition applying just to fly all over the US for work will be up up to the IO making the decision.  If you're denied, you will lose LPR status eventually, so that when it comes time to move back to the US as you state, after your USC wife becomes a Canadian citizen, she can file another I-130 for the IR-1 for you.  In the meantime you should be able to travel back and forth, no problem, just with your Canadian passport.  If that doesn't work you might need a B1.  Good luck, and let us know if you are successful in getting your commuter green card.

Edited May 27, 2019 by carmel34

[CANADA_TO_US 0]

51 minutes ago, carmel34 said:

I have family members with a commuter green card, so I'm familiar with its conditions and process to get one.  First you have to enter the US like any other immigrant and satisfy the requirements.  In your case, the problem is your USC wife may not satisfy the US-based income required to sponsor you, since she lives in Canada.  This will come up at your interview.  You'll also need a US domicile which I'm assuming that you have, to get the initial green card the regular way.  The second problem you may have is that the terms of commuter green cards, which you apply for via USCIS after getting a normal green card, stipulates that your place of work is in the US--i.e., that you travel at least twice a week to your workplace in the US.  In your case, you work remotely, so you may not be able to satisfy this condition.  The commuter green card is intended for workers who live close to work but on the other side of the border, for example, you live in Windsor but you drive to work every day or at least twice a week, in Detroit.  Because you work remotely for a US company this condition may not apply to you.  All you can do is try, once you get your green card, contact the USCIS office closest to your US address/domicile and ask for one in writing, there is no form.  They will want documentation of your need to commute to work in the US, the address of this place of work, and then it will be a judgment call by the IO if you qualify or not.  The question of this condition applying just to fly all over the US for work will be up up to the IO making the decision.  If you're denied, you will lose LPR status eventually, so that when it comes time to move back to the US as you state, after your USC wife becomes a Canadian citizen, she can file another I-130 for the IR-1 for you.  In the meantime you should be able to travel back and forth, no problem, just with your Canadian passport.  If that doesn't work you might need a B1.  Good luck, and let us know if you are successful in getting your commuter green card.

Thanks for such a detailed explanation. I expect to travel up to 40%, so say 2-3 trips every month. Would this be OK under "seasonal commuter" category since I wont be commuting at least 2 times per week? I called but got no helpful response on this question. I cant find the definition of "seasonal commuter" anywhere. I will post here if I obtain the commuter green card.

Edited May 27, 2019 by CANADA_TO_US

[CANADA_TO_US 0]

1 hour ago, Allaboutwaiting said:

To qualify as a commuter, you must have a stable job in the US and already a green card.

If you do, you must file an I-90, Application to Replace Permanent Resident Card, choosing C2 category -commuter-, pay the fee -540 dollars-, and include pay stubs for 6 months. 

You'll pick up your green card at a designated port of entry and must present form I-178 plus proof of employment to CBP every 6 months, 

 

On this category you will never qualify for citizenship and if you don't work for 6 continuous months, you lose the green card. 

If your state in the US requires residence for a driving license, you won't be able to get one. 

OK, this just got complicated. I called CBP and they said they can mark the green card as commuter green card if you arrive at the border with a valid job offer for full time employment in the US. Is this true, can one apply for the commuter green card at the border?

[Allaboutwaiting 2,503]

7 minutes ago, CANADA_TO_US said:

OK, this just got complicated. I called CBP and they said they can mark the green card as commuter green card if you arrive at the border with a valid job offer for full time employment in the US. Is this true, can one apply for the commuter green card at the border?

The actual physical card has a different category printed on it when it is a commuter one. I know of people who had gotten the normal one changed to commuter at the port of entry but I don't know if they needed to replace that marked card eventually and if CBP does all the needed paperwork to inform USCIS of the new category -I guess they do?-.

 

In any case, it is worth a try, especially if you can avoid waiting times and paying fees. 

[payxibka 10,047]

18 minutes ago, CANADA_TO_US said:

OK, this just got complicated. I called CBP and they said they can mark the green card as commuter green card if you arrive at the border with a valid job offer for full time employment in the US. Is this true, can one apply for the commuter green card at the border?

Why would you not believe them?

[CANADA_TO_US 0]

1 minute ago, payxibka said:

Why would you not believe them?

The officer I talked to didnt seem too sure, hesitated at times and consulted other officers, and referred me to USCIS website for some info. Overall didnt get a sense that they were a 100% certain about what they were telling me. Sorry but I didn't mean to be offensive, just my observation.

[Allaboutwaiting 2,503]

Check on these links, they might help. 

 

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-53690/0-0-0-55807/0-0-0-55820.html

 

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-53690/0-0-0-55807/0-0-0-55828.html

[Allaboutwaiting 2,503]

On the second link I posted they mention the I-151 to be stamped, which happens to be an old version of the I-551 -permanent resident card-; the I-551 CANNOT be stamped.

Some people still have the I-151, therefore the CBP agent being confused.

 

As yours is new, it cannot be stamped. 

 

The USCIS site, states the following:

 

"You will need to replace your Green Card if:

• You have been a permanent resident residing in the United States and are now taking up commuter status."

 

So, it seems there's no other way but to file the I-90 and pay the fees.

Edited May 27, 2019 by Allaboutwaiting