PhD Studies in Canada for 9 years (married to US Citizen)

[msherema 1]

Well, I never knew I was still a permanent resident any longer, but after travelling to the US with an expired green card I found out I am! Apparently you can't get rid of it too easily, and I am glad for it.

 

We left the US years ago for me to go to grad school in Canada. Between being a parent, along with COVID restrictions and part-time work my PhD has lasted nine years. (!) But the border services agent in Vermont told me that I needed to file a series of forms, starting with i-90 for my expired green card, and then either 1-131 or N-470. It's wasn't clear to me which one, and I wasn't convinced he was 100 percent clear either. In the end he said to file 1-131 and that I would have two years to file for naturalization - which I now realize I must do if we are to ever travel to/live in the US again over the long term. But it seems that you can only file the I-131 from the US.

 

Does anyone have any information on whether that has changed since COVID? This is very stressful as we are planning to go back for a family visit this summer and I don't quite know which route to go. 

 

Thanks!

 

 

[Allaboutwaiting 2,503]

So you just visited the US and went back to Canada, right? 

And you are planning on moving back to the US at some point, but not sure when. 

 

The I-131 MUST be filed within the US prior a planned stay abroad of over one year in order to preserve the LPR status. In your case you've been out nine years and counting - that's one long PhD! Is that dissertation close to completion?-.

 

My guess is that as a Canadian, you're still allowed entry as a tourist. And there is also the option to surrender permanent residence and "switch" to visitor. 

 

[Boiler 45,519]

First we need to know what your plans are, have you been filing taxes?

 

Naturalisation is a long way off

[msherema 1]

Well, apparently you can submit an I-131 if you have been out of the US for less than a year. Until COVID I was going back and forth regularly and all I did was tell them I was a PhD student and it was fine. I lived in the US as a permanent resident for six years prior to starting my very long PhD. It was the customs officer who suggested I apply to naturalize. That's why the N-470 form came up. Apparently full time grad school precludes the paperwork others have to go through? Not sure but this last trip was the first time I-131 came up, and judging from student bulletin boards, this is pretty common. But with COVID and not being able to cross the border and my card expiring during that time it became a different story I guess.

 

Oh and almost forgot: Yes we have been filing taxes since my hubby is still a citizen. 

Edited April 11, 2023 by msherema
To add a reply to a question

[msherema 1]

Also, going onto the USCIS website, there is an option for people outside the US to submit. I can't find enough details to know if I can go this route but I am going to try. 

[Allaboutwaiting 2,503]

10 minutes ago, msherema said:

Well, apparently you can submit an I-131 if you have been out of the US for less than a year. Until COVID I was going back and forth regularly and all I did was tell them I was a PhD student and it was fine. I lived in the US as a permanent resident for six years prior to starting my very long PhD. It was the customs officer who suggested I apply to naturalize. That's why the N-470 form came up. Apparently full time grad school precludes the paperwork others have to go through? Not sure but this last trip was the first time I-131 came up, and judging from student bulletin boards, this is pretty common. But with COVID and not being able to cross the border and my card expiring during that time it became a different story I guess.

 

Oh and almost forgot: Yes we have been filing taxes since my hubby is still a citizen. 

Ah! OK, that changes things. 

 

And I've never seen the option of filing for the I-131 while abroad as a reentry permit - maybe you are seeing the option of an I-131 filed for parole-.

 

Read this brochure: 

B5en.pdf

Edited April 11, 2023 by Allaboutwaiting

[msherema 1]

I have been trying to read up on advance parole vs re-entry permit and I am not sure what the difference is. We are not planning to come back for at least a year, maybe two. 

[msherema 1]

Oh wait, i think it's just for those who need a visa - which I don't need as a Canadian. But because I am still considered a PR I cannot stay up here for much longer without it. 

 

[Allaboutwaiting 2,503]

9 minutes ago, msherema said:

I have been trying to read up on advance parole vs re-entry permit and I am not sure what the difference is. We are not planning to come back for at least a year, maybe two. 

Advance parole is for people to be allowed entry back into the US while they are adjusting status.

Humanitarian parole - which might be the one you read about- is to grant entry to people outside the US, obviously under very specific circumstances. 

Reentry permit is for LPR's who know they'll be out of the US for more than a year and it is not just to grant entry but to preserve residency.

Edited April 11, 2023 by Allaboutwaiting

[msherema 1]

Ah I get it now. Thanks for clarifying! 

So once you are out of the country is there a way to preserve residency?

 

[Allaboutwaiting 2,503]

1 minute ago, msherema said:

Ah I get it now. Thanks for clarifying! 

So once you are out of the country is there a way to preserve residency?

 

What you have been doing: coming back often and filing for taxes. 

[OldUser 6,669]

On 4/11/2023 at 1:21 PM, msherema said:

Ah I get it now. Thanks for clarifying! 

So once you are out of the country is there a way to preserve residency?

 

No. You gotta live in the US to preserve LPR status. You can have I-131 but this is temporary. Why do you need to maintain US residence if you live in Canada? Naturalize in Canada, file I-407 (you may be subject to US exit tax!)and you'll be able to visit US with your Canadian passport.

Edited September 24, 2023 by OldUser