Do I need to give up my Canadian PR?

[puppy2021 0]

I found a scary thread from 2009, where a CO asked someone to give up their Canadian PR to prove that they domicile in the U.S.

 

 

Is this a one off from the distant past? Or has Montreal done this to several petitioners (recently?) who may be living in Canada as PR and only move to the U.S. shortly before the interview? Please help!!!!

 

@NikLR @Lemonslice @JlovesA @Ontarkie

 

 

 

Edited March 25, 2021 by puppy2021

[SteveInBostonI130 3,465]

Are you the USC petitioner?  I believe you need to show that you have relinquished your CA PR or are in the process of relinquishing your PR at the time of the interview.

[Kai G. Llewellyn 838]

It shouldn't be required. In fact if your beneficiary is a Canadian citizen spouse, you can maintain your Canadian PR indefinitely while living in the US. I would imagine that the burden of evidence would be higher if you had Canadian PR, but honestly if you had moved back to the US, set up a residence there and were in the US at the time of the interview, I think you can avoid relinquishing the Canadian PR. Mileage may vary though. Sadly Montreal is a bit of a pain for this.

Edited March 25, 2021 by CanadaDude

[puppy2021 0]

4 hours ago, CanadaDude said:

It shouldn't be required. In fact if your beneficiary is a Canadian citizen spouse, you can maintain your Canadian PR indefinitely while living in the US. I would imagine that the burden of evidence would be higher if you had Canadian PR, but honestly if you had moved back to the US, set up a residence there and were in the US at the time of the interview, I think you can avoid relinquishing the Canadian PR. Mileage may vary though. Sadly Montreal is a bit of a pain for this.

Spouse is a Canadian PR as well. Anyway, the thing I am worried about is that I have secured a remote U.S. job that lets me work remotely from Canada, as long as I like. The job would also be remote once I move to U.S. since employer is not based in the city I will be moving to. My I-130 was approved i January and I am currently thinking of what to do for NVC stage. I plan to secure a lease and actually move to the U.S. a couple of months before the interview. But I fear CO may think if I can work remotely from Canada a number of months, and even though at the time of the interview I am back in the U.S. with a U.S. lease, drivers license etc. I can always come back to Canada since I am a PR. Can CO force me to give up my PR? I really do not want to do that unless my spouse has the U.S. visa. Since we are both not Canadian citizen, giving my PR before my spouse's visa would mean jeopardizing our future together, in case the visa is not issued for any reason. This thread I quoted in my post is giving me nightmares!

Edited March 25, 2021 by puppy2021

[Ontarkie 14,236]

I have not seen another case like that myself. 

Montreal Pre covid was super strict with the USC being moved back to the US. They would not take just a few items showing you intend to move. They actually wanted to see the USC moved. Since that is your  plan anyway it will be easy tp  update that detail at the interview and your spouse can provide all the proof of the move you moved. 

[JlovesA 109]

Hi there, I see you tagged me but I’m not really familiar with this situation.