Greencard holder husband living in canada

[Amberest 1]

Newbie here.  We are naturalized Canadians. My husband is US greencard holder living here in Canada for  almost 9years and always flying to the U.S for work precovid.Now We are to start the process for F2A. He 's still working with a U.S company, have a house but was rented out since 2016& is paying US and canada tax. He's anxious now that he is out of the US for more than 6Months already and cant leave me as I just have given birth. Should we be concerned that he does not have a physical residence in the US?

[designguy 1,179]

4 hours ago, Amberest said:

Newbie here.  We are naturalized Canadians. My husband is US greencard holder living here in Canada for  almost 9years and always flying to the U.S for work precovid.Now We are to start the process for F2A. He 's still working with a U.S company, have a house but was rented out since 2016& is paying US and canada tax. He's anxious now that he is out of the US for more than 6Months already and cant leave me as I just have given birth. Should we be concerned that he does not have a physical residence in the US?

It’s pretty amazing he has been able to live in Canada for 9 years and hasn’t been questioned about this. 
 

i believe petitioning you would open a can of worms. It would be best for him to move back to the US prior to petitioning for you 

[aaron2020 11,651]

Hi,

 

You should be very concern.  A green card holder is required to live in the US.  Your husband has failed to maintain a US residence which puts his green card status at risk.

 

Please Google maintaining legal permanent residency.  

[SusieQQQ 11,587]

Agree with the above comments. Not only will his lack of domicile in the US undermine the petition for you but it will put the spotlight back on his failure to maintain residence. If you guys want to do this, he should move to the US properly first.

[Amberest 1]

Thank you. Sorry I forgot to mention that he was on commuter greencard (this wont allow us to do the petition)since 2016 so he was allowed to go back and forth through US and Canada. He just got his regular greencard this August because we decided to start the petition. He is going back to the U.S and we already contacted a lawyer for the paperworks. 

Edited October 31, 2020 by Amberest

[SusieQQQ 11,587]

4 minutes ago, Amberest said:

Thank you. Sorry I forgot to mention that he was on commuter greencard (this wont allow us to do the petition)since 2016 so he was allowed to go back and forth through US and Canada. He just got his regular greencard this August because we decided to start the petition. He is going back to the U.S and we already contacted a lawyer for the paperworks. 

That is a pretty important piece of information lol. Anyway same outcome, he needs to have domicile in the US to sponsor you.