Commuter green card

[NikLR 13,232]

Just now, CANADA_TO_US said:

We did have domicile proof like current credit cards, drivers license, living arrangement, and a job offer.

Cool so at least two of those no longer apply since you guys are going to be living in Canada?  Or is your wife also commuting?

[TBoneTX 46,067]

Thread is moved from the CR-1 Process forum to the Working & Traveling forum -- topic involves both.

[AstroCanada 206]

I think the domicile issue is now moot given that you already have your IR-1 visa.  Your intentions and filings were honest when the embassy issued the visa.  That being said, it seems like the usual path to the commuter green card is based on either employment or someone already living in the US, moving back to their home country.  Given how rare the situation is, it seems like your experience at the border may be very much dictated by the CBP agent you get on the day you arrive.  

[NikLR 13,232]

3 minutes ago, AstroCanada said:

I think the domicile issue is now moot given that you already have your IR-1 visa.  Your intentions and filings were honest when the embassy issued the visa.  That being said, it seems like the usual path to the commuter green card is based on either employment or someone already living in the US, moving back to their home country.  Given how rare the situation is, it seems like your experience at the border may be very much dictated by the CBP agent you get on the day you arrive.  

I agree.  But hopefully the CBP don't question it.  I am not sure they have as of yet but they may if the OP goes for the commuter card ASAP.

 

As far as I understand too, as long as the USC is living with the Canadian citizen some of that can count towards their residency and citizenship in Canada which may be a good thing for the OP to look into as well. 

[CANADA_TO_US 0]

And it keeps getting interesting - https://www.lexology.com/library/detail.aspx?g=ac6782c8-29fb-48ed-9999-5e6b0f707ebe

 

"

Presumably, a permanent resident who commutes to the United States less than twice weekly  could still qualify as an alien commuter with evidence that he or she commuted “regularly” to  engage in “regular and stable employment.”

"

 

"

When the person enters the United States for the first time as an immigrant, he or she informs the  U.S. Customs and Border Protection (CBP) immigration officer at the border crossing or airport  that he or she intends to live in Canada or Mexico and to maintain status as an alien commuter.   The CBP will have the person complete a Form I-178 every six months and provide evidence of  regular employment in the  United States.  The green card will be annotated to reflect alien  commuter status.

"

Edited May 28, 2019 by CANADA_TO_US

[Dashinka 24,767]

12 hours ago, NikLR said:

I agree.  But hopefully the CBP don't question it.  I am not sure they have as of yet but they may if the OP goes for the commuter card ASAP.

 

As far as I understand too, as long as the USC is living with the Canadian citizen some of that can count towards their residency and citizenship in Canada which may be a good thing for the OP to look into as well. 

Just a clarification, Canadian PR, which may make things more complicated for the OP getting into or working in the US without a GC depending on their country of origin.

[WeGuyGal 1,052]

3 hours ago, Bill & Katya said:

Just a clarification, Canadian PR, which may make things more complicated for the OP getting into or working in the US without a GC depending on their country of origin. 

That's what I was looking for too, considering OP's Currently my spouse and I are both Canadian PR. I wonder which one of the following increases my chances of getting a US  visitors visa so I can visit family in the US. statement. 

[CANADA_TO_US 0]

1 minute ago, WeGuyGal said:

That's what I was looking for too, considering OP's Currently my spouse and I are both Canadian PR. I wonder which one of the following increases my chances of getting a US  visitors visa so I can visit family in the US. statement. 

I'm a bit confused. Can you clarify what you mean?

[WeGuyGal 1,052]

Just now, CANADA_TO_US said:

I'm a bit confused. Can you clarify what you mean?

I believe the other poster was looking for a country/passport of origin that allows entry into the US without a gc

[Dashinka 24,767]

2 minutes ago, CANADA_TO_US said:

I'm a bit confused. Can you clarify what you mean?

To the best of my knowledge, a Canadian PR is not allowed entry into the US without a visa or through a VWP which is dependent on the country of origin.  You mentioned you have a US based job offer, I assume this may be related to you actually having or soon to have a GC, if you give up the GC, or do not meet the requirements to get a commuter GC, will that offer still be there? 

[NikLR 13,232]

5 hours ago, Bill & Katya said:

Just a clarification, Canadian PR, which may make things more complicated for the OP getting into or working in the US without a GC depending on their country of origin.

I was under the understanding that the OP is a Canadian citizen and their USC spouse is seeking Canadian citizenship and is a PR in Canada. 

 

OP please clarify. 

[CANADA_TO_US 0]

Just now, NikLR said:

I was under the understanding that the OP is a Canadian citizen and their USC spouse is seeking Canadian citizenship and is a PR in Canada. 

 

OP please clarify. 

We are both Canadian PR.

[NikLR 13,232]

43 minutes ago, CANADA_TO_US said:

We are both Canadian PR.

Ah that makes a difference.  You may want to contact Immigration Canada and find out if you can do this too.  

[CANADA_TO_US 0]

18 hours ago, NikLR said:

Ah that makes a difference.  You may want to contact Immigration Canada and find out if you can do this too.  

Canadian PRs cant travel to U.S. without visa and cannot apply for TN visa etc.

[NikLR 13,232]

3 hours ago, CANADA_TO_US said:

Canadian PRs cant travel to U.S. without visa and cannot apply for TN visa etc.

I mean for your pr status.  Can you have the LPR card and PR card? Can you still live in Canada even because youd be a US resident not a Canadian one.