tough dual PR situation, need advice :(

[yantai 0]

Hi all, this is my first time here, hope everyone is doing well.

I got my greencard in Jan 2003, and in two months I will be applying for citizenship. My wife and I got married in 2005. She is from China. After we got married, we had to separate for about 10 months, during which time she was emotionally and physically in a wreck. Out of desperation, I got a job in Canada (via work visa) and got her there to tend to her. I have been in Canada with her since Jan 2006. I make a trip back to the US every 4-5 months, usually only staying for 2 days.

To further complicate matters, in 2005 I have applied for us both Canadian PR as a backup plan. At the time I was mislead by a Canadian lawyer into believing that getting a Canadian PR is very fast (true) and that it will have no impact on my green card or citizenship application (not true). Recently, I talked to a US lawyer, and I was adviced to drop my Canadian PR application. I am at my last stage with the Canadian PR application, so I can still drop the ball, and if I don't, I will get it in about 6 months from now. I have no problem dropping that, because eventually we want to build our family in the US. But my greatest fear is that after staying in Canada for 2 years, my citizenship application might not go smoothly, and if I drop my Canadian PR application, my wife and I might end up not having anything in the end -- which means separation again. That would be disastrous. Dropping Canadian PR also means that my wife will have to wait in China until my citizenship application and her greencard approved here, which can take who knows how long, given all the name check horror stories I have heard.

My question to you is:

1) Will having two PR affect my citizenship application? Do I risk losing everything here by doing that?

2) What would you do if you were in my situation?

[tweety 1]

You cannot apply for US citizenship outside of the US. One of the requirements are that you must live in the USCIS district or state to which you want to send your application for at least 3 months. (for more precise info read up at: http://www.uscis.gov/files/article/M-476.pdf )

As far as I see it, you may have already jeopardized your PR status here in the US by moving to Canada:

"Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.

* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Fail to file income tax returns while living outside of the US for any period.

* Declare yourself a “nonimmigrant” on your tax returns." (taken from: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD