PR in Canada While I-130 is Pending?

[ldyglttrsprkls 0]

I am a US citizen and my husband is a Canadian citizen. We filed for his I-130 in July of this year (2024). My husband tried to come visit but was turned away by border patrol and deemed inadmissible until he gains US status - Long story short, they are worried he won’t return to Canada.

 

The responsibility of traveling to see each other now lies solely on me. After 3 months of me flying back and forth to Canada, we’ve started to explore other options that will allow us to be together while waiting for his Green Card. 

 

If I pursue permanent residency in Canada, will this impact the I-130 process? I would not be seeking Canadian citizenship, only residency in order to live/work there for 18-24 months. I’d still have domicile in the US and can present a plan and intention to return to the US when his visa is approved. 

 

I’d love to hear any similar situations or advice!

[OldUser 6,999]

Have you considered tax implications of this?

[ldyglttrsprkls 0]

11 hours ago, OldUser said:

Have you considered tax implications of this?

I’m not sure I understand what you mean / the concern?

[OldUser 6,999]

4 minutes ago, ldyglttrsprkls said:

I’m not sure I understand what you mean / the concern?

I'm not sure you can be a PR holder in Canada without being a tax resident of Canada. And to the US, you'd also want to pay taxes to support domicile claim... 

[mam521 2,113]

Canadian PR is going to take at least 6 months to obtain, and that's usually only if you fall into one of the express entry job categories.  Family sponsorship is along the lines of a year.  Sounds like you plan to retain your US employment, which eliminates express entry - is your employer ok with you working from another country? 

 

Why, exactly, was your husband denied entry?  This may have an impact on his visa eligibility.  If it was he showed up, wanted to enter, was unable to demonstrate strong enough ties to Canada and withdrew his application, it doesn't mean he's unable to enter the US.  It does mean he will be more heavily scrutinized if he does try to enter and best have proof of extremely strong ties to Canada.  If he was handed an inadmissibility ban, that's a different mountain to climb and will require a waiver for you to complete his CR/IR process.  Regardless, both will come into play during his consular interview, so the details are important.