Perm. Res. options marriage us citizen

[crockies99 0]

Hi.  I don't know if this is the right place to ask this or not.  I am a US citizen and my wife is a green card holder (permanent resident).  We already have gone through the process and are well passed that.  My question is related to my wife (green card holder) is leaning towards wanting to live in Canada now (where she's from).

I still need to work in the USA though and both of us have older parents that we need attention as well.  

 

We want to remain married, but we are trying learn what options we have.  Due to work, being apart at times is not the problem, so that's not an issue.

From what I can gather, either one of us can stay in Canada for 6 months out of the year and then we have to wait another 6 months before re-entering Canada again.  Is that the rule and if so, is there any other way around that, so that either one of us wouldn't have to wait 6 months to re-enter Canada again?

Also too, is there a way she (the permanent resident green card holder) can keep her green card and choose to live in Canada and be a dual citizen?

 

I'm also trying to find answers of how things could be possible to work, if she decides to want to end her permanent resident status, and then how I could still work and do what I have to do in the USA and still be with her as much as possible too.

Anyways, it's all complicated, so I'm reaching out to the internet for some direction and any help I can get/find.

Any links or advice or input would be appreciated.  Thank you.

[aaron2020 11,651]

Hi,

 

How long has your wife been a green card holder?

 

A green card holder is required to live in the US.  Brief absences are okay but she needs to maintain a US resident.

 

Too much time outside the US can affect her eligibility to be apply for US citizenship.

 

If your wife claims benefits reserved for Canadian residents such as healthcare, then she risks having her US green card revoked.  

 

[igoyougoduke 1,656]

a green card is for living in US permanently. If you want to live in Canada, she will abandon her permanent residency  in USA and live in Canada

 

or 

wait till she becomes US citizen and than go live in canada so you retain US citizenship if you want to return back to US 

[HRQX 4,145]

34 minutes ago, crockies99 said:

is there a way she (the permanent resident green card holder) can keep her green card and choose to live in Canada

Yes, if she'll continue to commute to work inside of the US. It's called being a LPR in "commuter status": https://www.uscis.gov/policy-manual/volume-11-part-b-chapter-4 "However, in certain situations, an LPR may commence or continue to reside in a foreign contiguous territory and commute to the United States for employment. This administrative grant of “commuter status” is only available to LPRs living in Canada or Mexico."

 

In that case, she would have to apply for new green card with I-90 application fee: https://www.uscis.gov/i-90 "(H1) I am a permanent resident who is taking up commuter status."

Edited October 21, 2020 by HRQX

[ThaOne 101]

I think you should look into this more deeply as I think some people are confusing things here. Maintaining permanent resident status is different from maintaining U.S residence for naturalization purposes. 

I would (if finances allow it) consult with a lawyer. There are many people who end up maintaining their LPR status while for some reasons having to go back to their home countries for up to 6 months and then coming back to the US for a couple of weeks. The issue would be that although all that time they would maintain LPR status that time may not be counted towards maintaining U.S residence for NATURALIZATION purposes. 

If you can, you should consult a lawyer. USCIS clearly states that people who have absences of more than 6 months can lose LPR status.

You said after "either one of you stays 6 months in Canada then you have to come back in the US and wait 6 months in the US before you can go back to Canada"? So basically after 6 months abroad, you HAVE to do 6 months in the US before going back to Canada? As far as I know, that is incorrect. On this forum there are people who stayed 6 months abroad, came to the US for a few days and returned to the country. Again, maintaining LPR status is different from residence for naturalization purposes. 

I would start the n400 as soon as possible if you meet the 3 year or 5 year rule and already have filed taxes together and meet all requirements so far, maybe within a year all this would be done and this wouldn't be an issue anymore. 

[aaron2020 11,651]

6 minutes ago, ThaOne said:

I think you should look into this more deeply as I think some people are confusing things here. Maintaining permanent resident status is different from maintaining U.S residence for naturalization purposes. 

I would (if finances allow it) consult with a lawyer. There are many people who end up maintaining their LPR status while for some reasons having to go back to their home countries for up to 6 months and then coming back to the US for a couple of weeks. The issue would be that although all that time they would maintain LPR status that time may not be counted towards maintaining U.S residence for NATURALIZATION purposes. 

If you can, you should consult a lawyer. USCIS clearly states that people who have absences of more than 6 months can lose LPR status.

You said after "either one of you stays 6 months in Canada then you have to come back in the US and wait 6 months in the US before you can go back to Canada"? So basically after 6 months abroad, you HAVE to do 6 months in the US before going back to Canada? As far as I know, that is incorrect. On this forum there are people who stayed 6 months abroad, came to the US for a few days and returned to the country. Again, maintaining LPR status is different from residence for naturalization purposes. 

I would start the n400 as soon as possible if you meet the 3 year or 5 year rule and already have filed taxes together and meet all requirements so far, maybe within a year all this would be done and this wouldn't be an issue anymore. 

No confusion here.

 

The many LPR who you citied that comes to the US for a couple of weeks every year are abusing their LPR privileges and haven't been caught yet for failing to maintain a US resident.  

[igoyougoduke 1,656]

13 minutes ago, ThaOne said:

I think you should look into this more deeply as I think some people are confusing things here. Maintaining permanent resident status is different from maintaining U.S residence for naturalization purposes. 

I would (if finances allow it) consult with a lawyer. There are many people who end up maintaining their LPR status while for some reasons having to go back to their home countries for up to 6 months and then coming back to the US for a couple of weeks. The issue would be that although all that time they would maintain LPR status that time may not be counted towards maintaining U.S residence for NATURALIZATION purposes. 

If you can, you should consult a lawyer. USCIS clearly states that people who have absences of more than 6 months can lose LPR status.

You said after "either one of you stays 6 months in Canada then you have to come back in the US and wait 6 months in the US before you can go back to Canada"? So basically after 6 months abroad, you HAVE to do 6 months in the US before going back to Canada? As far as I know, that is incorrect. On this forum there are people who stayed 6 months abroad, came to the US for a few days and returned to the country. Again, maintaining LPR status is different from residence for naturalization purposes. 

I would start the n400 as soon as possible if you meet the 3 year or 5 year rule and already have filed taxes together and meet all requirements so far, maybe within a year all this would be done and this wouldn't be an issue anymore. 

at some point the weekly LPR would get caught and will get on a one way ticket back to Home country 

[Lucky2Lucky 2,526]

1 hour ago, crockies99 said:

Hi.  I don't know if this is the right place to ask this or not.  I am a US citizen and my wife is a green card holder (permanent resident).  We already have gone through the process and are well passed that.  My question is related to my wife (green card holder) is leaning towards wanting to live in Canada now (where she's from).

I still need to work in the USA though and both of us have older parents that we need attention as well.  

 

We want to remain married, but we are trying learn what options we have.  Due to work, being apart at times is not the problem, so that's not an issue.

From what I can gather, either one of us can stay in Canada for 6 months out of the year and then we have to wait another 6 months before re-entering Canada again.  Is that the rule and if so, is there any other way around that, so that either one of us wouldn't have to wait 6 months to re-enter Canada again?

Also too, is there a way she (the permanent resident green card holder) can keep her green card and choose to live in Canada and be a dual citizen?

 

I'm also trying to find answers of how things could be possible to work, if she decides to want to end her permanent resident status, and then how I could still work and do what I have to do in the USA and still be with her as much as possible too.

Anyways, it's all complicated, so I'm reaching out to the internet for some direction and any help I can get/find.

Any links or advice or input would be appreciated.  Thank you.

If wife is a greencard holder she still only holds one citizenship.. Canadian. Your best bet in my opinion is wait until your wife is eligible for naturalization and apply to become a US citizen. That way she doesn't have to worry about time spent outside of the USA counting against her...this would make her a US citizen. You (as a US citizen) would still have to abide by Canada's visitor restrictions when you visit Canada. If wife wants to give up her residency status in the USA then she may have a hard time visiting the USA in the future (she has already shown immigrant intent and has a US citizen husband) . You guys both need to think really long and hard on what you want your immediate and long term future to look like. In addition, as a US citizen or resident she is required to claim worldwide income for her taxes and she needs to be careful on what benefits she may utilize. I am unsure of Canada's tax requirement. As others have mentioned if she uses Canadas health care this can negatively affect her US residency status as well. Are you on a border town that makes visiting USA/Canada easy?

[HRQX 4,145]

6 minutes ago, Luckycuds said:

Your best bet in my opinion is wait until your wife is eligible for naturalization and apply to become a US citizen.

Odds are she's been eligible to file N-400 for a few years now. The K-1 visa was issued in May 2013:

 

[ThaOne 101]

34 minutes ago, aaron2020 said:

No confusion here.

 

The many LPR who you citied that comes to the US for a couple of weeks every year are abusing their LPR privileges and haven't been caught yet for failing to maintain a US resident.  

 Per USCIS themselves: "Remaining outside the United States for more than 12 months may result in a loss of lawful permanent resident status."

https://help.cbp.gov/s/article/Article-820?language=en_US

https://jp.usembassy.gov/visas/immigrant-visas/green-card/maintaining-permanent-resident-status/

 There is no mention of "abusing their LPR status". You are determining that. Again I reiterate that there is a difference between maintaining LPR status and/versus residency for naturalization purposes. It may bother you personally that some circumstances may push people to have to do that. I reserve any personal judgemnets. I am just going by what USCIS says. Can you quote any USCIS mention that anyone who does that is "abusing" your system?

Thanks.

[aaron2020 11,651]

1 hour ago, ThaOne said:

 Per USCIS themselves: "Remaining outside the United States for more than 12 months may result in a loss of lawful permanent resident status."

https://help.cbp.gov/s/article/Article-820?language=en_US

https://jp.usembassy.gov/visas/immigrant-visas/green-card/maintaining-permanent-resident-status/

 There is no mention of "abusing their LPR status". You are determining that. Again I reiterate that there is a difference between maintaining LPR status and/versus residency for naturalization purposes. It may bother you personally that some circumstances may push people to have to do that. I reserve any personal judgemnets. I am just going by what USCIS says. Can you quote any USCIS mention that anyone who does that is "abusing" your system?

Thanks.

Visiting the US a couple weeks out the year is not maintaining residence in the US.  

Since you have joined VJ last month, perhaps you should spend some time reading old posts on people who have had their green card revoked for visiting the US a couple of weeks every year.  

[Ontarkie 14,226]

~~Moved to General Immigration from US Citizenship Discussion~~

[Mollie09 1,543]

2 hours ago, ThaOne said:

 Per USCIS themselves: "Remaining outside the United States for more than 12 months may result in a loss of lawful permanent resident status."

https://help.cbp.gov/s/article/Article-820?language=en_US

https://jp.usembassy.gov/visas/immigrant-visas/green-card/maintaining-permanent-resident-status/

 There is no mention of "abusing their LPR status". You are determining that. Again I reiterate that there is a difference between maintaining LPR status and/versus residency for naturalization purposes. It may bother you personally that some circumstances may push people to have to do that. I reserve any personal judgemnets. I am just going by what USCIS says. Can you quote any USCIS mention that anyone who does that is "abusing" your system?

Thanks.

 

You said you were "going by USCIS says" and posted one CBP link and one embassy link. So here's what actual USCIS says:

 

https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence

"You may also lose your permanent resident status by intentionally abandoning it, including but not limited to:

• Moving to another country and intending to live there permanently;
• Declaring yourself a “nonimmigrant” on your U.S. tax returns; or
• Remaining outside of the United States for an extended period of time, unless it’s a temporary absence, as shown by:
  • The reason for your trip;
  • How long you planned 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 help show that you planned for this to be a temporary absence."

I echo @aaron2020's suggestion to read more about the issue.

[Orangesapples 1,954]

The best option is for your wife for file for citizenship. Once she's a US citizen, she can come and go as she likes. No reason not to do it unless she's opposed to it for some reason. She can still leave for a few months if she wants to. 

[ThaOne 101]

3 hours ago, aaron2020 said:

Visiting the US a couple weeks out the year is not maintaining residence in the US.  

Since you have joined VJ last month, perhaps you should spend some time reading old posts on people who have had their green card revoked for visiting the US a couple of weeks every year.  

 I suggest you actually read what I post before saying things I haven't said. I am going for the 3rd time repeat what I wrote: "There is a difference between maintaining LPR status and maintaining residency status for Naturalization purposes". I can't write that in any other form of english. Sorry.

 

Secondly, since you have been on VJ since it's inception and probably are a founding member why don't you show us where you saw that instead of adopting such an attitude? Finally, the people who you say had their LPR status revoked for the same reasons (should they exist) may have had other reasons associated to the revocation. It clearly states what it states. The OP and his wife have to do this for family reasons and work for the meantime and have not demonstrated any intent on never returning to the US and any intent on permanently leaving the US? If that was the intent, then why would they worry about keeping LPR and be worried about all this? 

I will reiterate to the OP: file your n400 now, your spouse has been a LPR for more than 5 years. You are entitled to file now. You probably have already paid your taxes here both. If she has to leave for six months in the meantime by the time she comes back in the US the n400 would probably be done or almost done and none of this would be a worry anymore. Despite what some say, LPR status is not lost unless someone is out for extended periods of time with no valid reason.

 

Edited October 22, 2020 by ThaOne