Moving back to my country of origin while my I-751 is in process

[Sam & Jen 3]

Hello,

 

I am a Canadian citizen who was sponsored by my US citizen wife to ender the US in 2018.  I filed my I-751 Removal of Conditions in March of this year (2020) and received an 18month extension of my Green Card via an NOA.  It is currently being reviewed and could take several years (from what I understand).

 

If I was to seperate from my wife without a divorce (for various reasons), and return to Canada from the USA (using a UHAUL truck with my possessions), would this automatically void my I-751 application, and current CR1 status?  I am wondering if they would void this when I cross the border with the intent to resume residence in Canada?

 

OR, could I return to Canada and leave my possessions in the USA for a lengthy period (5-10 months) while my I-751 is processing without voiding it?  This might give time to sort out the marriage.  Would this also void the CR1 and I-751?

 

Any experiences/advice would be helpful. 

Thanks!

 

 

[Just Paul 4,595]

Just now, Sam & Jen said:

Would this also void the CR1

The CR1 was void when you used the visa to enter - granted it became a green card for a year.  That is when you became an LPR

 

Leaving the US and returning to Canada is problematic as I think you are intended to live and work there as a resident.  You can only be out of the country for less than a year otherwise it is presumed you are abandoning your residence.  My limited understanding is that you have also lost your Canadian health care.

 

You can divorce in the US and change the I-751 to be a divorce waiver. There is no need to stay together.

[Allaboutwaiting 2,503]

If your residence in Canada is near or by the border, you can become a commuter, which would let you reside in Canada and work in the US.

[millefleur 5,047]

They wouldn't void your status since you are already a GC holder, like @Paul & Mary mentioned. You still have status while your ROC is pending, that's what the extension letter is for.

 

I'm just a bit confused as to why you want to pursue keeping the GC via ROC if you want to live in Canada? If you don't intend to live in the US, why would you need to keep the GC?

[Mollie09 1,543]

If you "move back", meaning get a job, re-establish residence for insurance purposes, etc. you are considered to have abandoned your US Permanent Residence. Just exiting the country won't do anything, unless you stay out longer than 12 months.

[Sam & Jen 3]

18 minutes ago, Mollie09 said:

If you "move back", meaning get a job, re-establish residence for insurance purposes, etc. you are considered to have abandoned your US Permanent Residence. Just exiting the country won't do anything, unless you stay out longer than 12 months.

Thanks everyone for responses ... all helpful!  

 

Are there any websites, links, documents that spell out the fact that you are abandoning your US Permanent Residence if you restablish residence in another country?  That was my assumption and believe this to be correct.  But couldn't find any proof from USCIS.  If there are any resources anyone knows about, that would be helpful just to confirm this 100%

 

Someone asked ... why are you trying to keep your GC if you are divorcning/seperation and returning to your country of origin.  Good question ... largely because I would like to see if the marriage can be restored, but in the meantime, I can't continue to live in the US without a job or in a split marriage (my wife has mental health challenges which have temporarily seperated us).

 

Thanks

[Allaboutwaiting 2,503]

18 minutes ago, Sam & Jen said:

Are there any websites, links, documents that spell out the fact that you are abandoning your US Permanent Residence if you restablish residence in another country?  That was my assumption and believe this to be correct.  But couldn't find any proof from USCIS.  If there are any resources anyone knows about, that would be helpful just to confirm this 100%

 

MAINTAINING PERMANENT RESIDENCE

You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

• Move to another country, intending to live there permanently.
• 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.
• Fail to file income tax returns while living outside of the United States for any period.
• Declare yourself a “nonimmigrant” on your U.S. tax returns

 

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

Edited June 26, 2020 by Allaboutwaiting