Green Card Holder living in Canada

[Britt1976 22]

Hi I have a unique situation. I am Canadian and I lived in the us for 10 years. During that time I obtained my green card. I met my American Fiancé there and we had a child together. Due to health issues with our daughter, we had to move to Canada before I obtained my citizenship. Since that time I have been on a travel visa but can not obtain a new one as I am not able to travel back to the US due to COVID. My fiancé and I had planned our wedding, but it has been postponed due to travel restrictions and having family in both countries. Would getting married in Canada, change anything for my green card? I need a solution or my green card will be pulled due to being out of the country. Thanks in advance. 

[SalishSea 17,836]

30 minutes ago, Britt1976 said:

Hi I have a unique situation. I am Canadian and I lived in the us for 10 years. During that time I obtained my green card. I met my American Fiancé there and we had a child together. Due to health issues with our daughter, we had to move to Canada before I obtained my citizenship. Since that time I have been on a travel visa but can not obtain a new one as I am not able to travel back to the US due to COVID. My fiancé and I had planned our wedding, but it has been postponed due to travel restrictions and having family in both countries. Would getting married in Canada, change anything for my green card? I need a solution or my green card will be pulled due to being out of the country. Thanks in advance. 

I'm confused.  You already have a green card, but you also have a 'travel visa'?  Why would you need a visa if you have a green card?

[JFH 12,190]

How long ago did you move to Canada? Note that “moving” to another country usually means that your residency here has been abandoned. Especially if the move was planned and long-term.

[Loren Y 2,755]

Depending on how long ago you moved, and more importantly did you maintain ties to the US ( bank account, residence, drivers license, filed taxes, etc) would depend on if you abandoned your residence. Please give us a little more info, and we can hopefully steer you in the right direction.

[Boiler 45,525]

Sounds like you abandoned your Green Card, as usual facts matter.

[Britt1976 22]

Ah no it wasn’t abandoned. I had a travel visa (which allows me to be out of the country for 2 years) without abandoning status. We need a bit more time in Canada due to my daughters illness (plus we can’t move back with Covid) so when it came to renewing it in April, I wasn’t able to travel to the US to get a new one due to borders being shut down. I can still go back within 6 months to get a travel visa without “abandonment status”. My question was, if my fiancé and I got married in Canada (instead of the US as planned) would that change anything with my green card? I have paid taxes and have a bank account there. We have family and have been back several times a year (before Covid).

Edited July 3, 2020 by Britt1976
Updated facts

[payxibka 10,045]

4 minutes ago, Britt1976 said:

Ah no it wasn’t abandoned. I had a travel visa (which allows me to be out of the country for 2 years) without abandoning status. We need a bit more time in Canada due to my daughters illness, so when it came to renewing it in April, I wasn’t able to travel to the US to get a new one due to COVID. I can still go back within 6 months to get one without “abandoning.” My question was, if my fiancé and I got married in Canada (instead of the US as planned) would that change anything with my green card? I have paid taxes and have a bank account there. We have family and have been back several times a year (before Covid).

Why would the location of your marriage have any influence on your green card?  It is not a condition of residency.   You can get married anywhere you want. 

[Britt1976 22]

Wow tough audience. It doesn’t matter where we get married, the question is will marriage change anything? We want to get married in the US but CANT bc of COVID. If we got married (now in Canada instead of later in the US) will that change anything? Many people are able to get married outside of the US and then apply for a green card afterwards. I’m wondering how to effects someone already with a green card.

Edited July 3, 2020 by Britt1976

[payxibka 10,045]

24 minutes ago, Britt1976 said:

Wow tough audience. It doesn’t matter where we get married, the question is will marriage change anything? We want to get married in the US but CANT bc of COVID. If we got married (now in Canada instead of later in the US) will that change anything? Many people are able to get married outside of the US and then apply for a green card afterwards. I’m wondering how to effects someone already with a green card.

Its not a condition of residency.   You can marry ANYWHERE 

[Boiler 45,525]

So you have a Reentry Permit?

[Britt1976 22]

I had a re entry permit (travel visa) but it expired and I couldn’t go back (due to Covid) to renew it. I have 6 months to do that before being considered abandoned. 

 

Let me repeat myself.  I’m not asking about abandonment or WHERE we get married.
 

WILL MARRIAGE CHANGE ANYTHING WITH MY GREEN CARD? Many people get married outside the Us and are able to obtain one. I have one. Will this change anything?

Edited July 3, 2020 by Britt1976

[Crazy Cat 41,886]

3 minutes ago, Britt1976 said:

I had a re entry permit (travel visa) but it expired and I couldn’t go back (due to Covid) to renew it.

 

Let me repeat myself.  I’m not asking about abandonment or WHERE we get married.
 

WILL MARRIAGE CHANGE ANYTHING WITH MY GREEN CARD? Many people get married outside the Us and are able to obtain one. 

You have a 10 year Green card?  If so, I see no effect after/of  a future marriage......unless I have missed something.

 

Of course, your ability to re-enter the US is a different topic.

Edited July 3, 2020 by Lucky Cat

[Britt1976 22]

Yes I do. So if I’m married to a US citizen and we are temporary living outside the country they can pull me green card for abandonment? Is that correct? That seems f’d up. 

[carmel34 3,633]

Only US citizens are guaranteed entry to the US at POE, your LPR status might be scrutinized, they will ask you how long you have been in Canada, and if you have a valid re-entry permit, etc., dates and specifics matter, but ultimately it is up to the CBP officer to decide whether or not to let you back in the US.  Being married or not, and where you get married, won't make a difference.  Ties to the US, residence, bank accounts, filing US taxes, US driver's license, etc. might help, but the bottom line is that the officer questioning you decides.  There was a post here on VJ a week or so ago where the LPR had been living outside the US for many years, without a valid re-entry permit, and others pointed out that their LPR status can only be revoked by an immigration judge.  So if you try to re-enter the US and are denied, you can try to ask to appear before an immigration judge.  You might have no problem re-entering, hope for the best.  Good luck!

[Britt1976 22]

THANK YOU. This is the exact answer I was looking for. Your response is very helpful and very much appreciated!!!!