Green Card Holder living in Canada

[payxibka 10,045]

37 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. 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?

Answered ar least two times already 

[Ash.1101 1,756]

Yeah, that same answer was answered multiple times above just more short and sweet. It's possible everyone was confused as to why you thought marriage would affect residency, since your green card has nothing to do with marriage since you are clearly unmarried and available to get married, but has everything to do with where you live.

No, marriage doesn't affect it, you can get married and divorced 100 times as long as you maintain residency.

Residency (where you live) is the only thing that matters.

The longer post just states what could happen to you, I would prepare for the worst personally.

Edited July 3, 2020 by Ash.

[Britt1976 22]

No actually you cant get married and divorced 100 times. When you get divorced your PR gets pulled unless you can prove it wasn’t a marriage of convenience. The answers that were given did not say that my PR would not be affected if I get married and that was the answer I was looking for, not comments on my abandonment and comments about where I get married. And prepare for the worst? I can go back and get a reentry permit next month and be fine, so your comments are not helpful. 

Edited July 3, 2020 by Britt1976

[payxibka 10,045]

Just now, Britt1976 said:

No actually you cant get married and divorced 100 times. When you get divorced your PR gets pulled unless you can prove it wasn’t a marriage of convenience. 

Rubbish.  

[Britt1976 22]

Well obviously you know nothing about the situation since that is how I got my green card in the first place (through marriage). After I got divorced (6 years later) I had to file a petition and get affidavits (and attend an interview) to keep my PR status. Yikes that’s scary that so many uninformed people are giving advice on this forum. Peace out. 

[Ash.1101 1,756]

7 minutes ago, Britt1976 said:

No actually you cant get married and divorced 100 times. When you get divorced your PR gets pulled unless you can prove it wasn’t a marriage of convenience. The answers that were given did not say that my PR would not be affected if I get married and that was the answer I was looking for, not comments on my abandonment and comments about where I get married. And prepare for the worst? I can go back and get a reentry permit next month and be fine, so your comments are not helpful. 

No one here would ever think your PR status would be in jeopardy BECAUSE you are saying you are getting married. 

It's a VERY easy assumption to believe that, unless you are committing polygamy, that you have already ROC'd  or any other step and proven that if your green card was based off marriage, that you had a legit marriage and either that spouse has died or you have gotten divorced, that then yes, you can infact get married and divorced 100 times because your green card has NOTHING to do with marriage anymore.

Edited July 3, 2020 by Ash.

[Britt1976 22]

You can get PR through marriage, but it has nothing to do with it?? Does that make sense to you???  I have been through this exact situation where my divorce affected my status so please do us all a favor and check your facts before commenting. 

[carmel34 3,626]

12 minutes ago, Britt1976 said:

I can go back and get a reentry permit next month and be fine

As I said in my earlier post, you might be ok re-entering after a long period of living outside the US, you might not, it's all up to the CBP officer at POE.  Take lots of documents just in case.  If you don't have a re-entry permit, and try to enter the US to get one, you could be denied entry.  Let's hope you'll be ok, but there is a good chance that you'll go through secondary inspection and be questioned, my understanding is that if they deny entry, you can ask to appear before an immigration judge.  I hope your plan works but be prepared for anything.  The actual number of years and months outside the US, and the expiration date of your re-entry permit, matter in this case.

Edited July 3, 2020 by carmel34

[Britt1976 22]

Thank you, that makes sense. I can go over the boarder as a Canadian can’t I, or tell them I’m applying for my re entry permit? I would certainly think that they would understand that and let me in? I can’t get a reentry permit without reentering the US. The only reason it wasn’t done in April was bc the boarders were closed.

[Ash.1101 1,756]

12 minutes ago, Britt1976 said:

You can get PR through marriage, but it has nothing to do with it?? Does that make sense to you???  I have been through this exact situation where my divorce affected my status so please do us all a favor and check your facts before commenting. 

The only way you could get PR through the new married to your USC spouse is if you completely lost status and had to start over with a spousal visa or AOS.

You understand that once you have a green card, whoever you marry does not matter UNLESS you lose your status and you are trying to get it through the new USC spouse right? You also don't have to marry, you could just stay single forever and remain in the US.

As long as you keep your GC updated and valid THROUGH RESIDENCY, then you could marry and divorce 100 USCs and never have to fight for your PR status.

Edited July 3, 2020 by Ash.

[carmel34 3,626]

Have you looked into getting a returning resident visa (SB-1) through the US embassy or consulate in Canada?  That might be a safer option for you.

 

From the USCIS website:

 

If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States. For more information, see the Travel Documentspage.

If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam. There is an exception to this process for the spouse or child of either a member of the U.S. Armed Forces or civilian employee of the U.S. Government stationed abroad on official orders. For more information on obtaining a returning resident visa, see the Department of State’s webpage on returning resident visas.

Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization. If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470. For more information, please see the Continuous Residence and Physical Presence Requirements page.

Edited July 3, 2020 by carmel34

[Britt1976 22]

I don’t want to get PR through a new marriage. I want to keep my current status.  It DOES matter if you get divorced. I stayed in the country for 4 years as a resident after my divorce but still got called in after it was finalized for an interview and had to prove it wansnt a marriage of connivence. They could have pulled it from me and I would have had to resort to a work visa. I had company lawyers that I went through for the entire process. 
 

No I have not tried that, but will look into it thank you. 

[Ash.1101 1,756]

10 minutes ago, Britt1976 said:

I don’t want to get PR through a new marriage. I want to keep my current status.  It DOES matter if you get divorced. I stayed in the country for 4 years as a resident after my divorce but still got called in after it was finalized for an interview and had to prove it wansnt a marriage of connivence. They could have pulled it from me and I would have had to resort to a work visa. I had company lawyers that I went through for the entire process. 
 

No I have not tried that, but will look into it thank you. 

That green card is ONLY tied to the spouse who you got it with. It is NOT tied to ANY other subsequent spouses. That is why people are telling you marriage won't affect it.


Your situation happens to plenty of people here. This isn't a shocker or something weird, but it ONLY happens with the marriage you got your green card from. 

Your future spouse will have NOTHING to do with your green card. Your green card is yours based off YOUR own status due your divorce from your prior spouse and proving your relationship was legit.
 

Edited July 3, 2020 by Ash.

[Quarknase 1,072]

37 minutes ago, Britt1976 said:

Well obviously you know nothing about the situation since that is how I got my green card in the first place (through marriage). After I got divorced (6 years later) I had to file a petition and get affidavits (and attend an interview) to keep my PR status. Yikes that’s scary that so many uninformed people are giving advice on this forum. Peace out. 

Those uninformed people probably know a tad more about this than you'd think in your wildest dreams.

Look a bit around in the forum and you see that your situation for removal of conditions is by no means as special and unique as you might think. Many, many do it - the people in this forum usually do it without lawyers, which is one of the reasons why many are very well informed. I-751 have an approval rate of >90% (I believe 97%  currently) and it's normal to get an interview if you ROC with divorce waiver.

[Boiler 45,499]

This is clearly the case where the services of a Lawyer well versed with abandonment issues is needed.

 

Most Immigration Lawyers are not, ask how many cases they have actually tried.