To File or Not to File....

[Chicken_Little 0]

I received my CR-1 back in March 2006. I have been living in the states with my husband ever since. However, I have decided to to back to school, and we decided I would do this back in Canada (my home country). So we are applying for PR for my husband to move to Canada. We are in the final stages, but it looks like it will not come through until mid-January. After we get it, we will need a few weeks to tie up loose ends, etc.

I just realized my CR-1 will expire March 2008. So I need to apply in December 2007. But I don't want to shell out $500 to extend a green card I plan to give up as soon as we get hubby's PR for Canada. But what if PR for Canada doesn't come through when we expect it, and still isn't here by March?

I have no idea what to do. We have no extra money as we are trying to save for my tuition, and paying out the wazzoo for Canadian immigration. USCIS just took $400 of my money in July when my wallet containing my greencard was stolen, and I have no desire to give them another $500 for nothing.

Any advice? I don't know what to do, but really can't afford to pay $500 right now...is there any way to call them and explain or something? I need to keep working until we move, so I can't just let it expire...*sigh* This sucks.

[Jasman0717 9]

If you move back it would be considered abandoning the status anyway.

[Chicken_Little 0]

If you move back it would be considered abandoning the status anyway.

Right, and I'm fine with that, because we know it will be at least 10 years before we'd want to move back to the US anyhow. If I wanted to keep my status, I'd pay the money in a heartbeat and just wait another year and apply for citizenship before moving back to Canada. But since I don't care about the status, I don't know what to do. I need to work while living here so that we can afford our rent, so me living here out-of-status for a month or so or me moving to Canada ahead of my husband won't work.

I don't want to pay the money in December only to have the status come through the next month for us to move to Canada...USCIS doesn't do refunds. But I've already been accepted to start school in September 2008, so I don't want to put off school for a year so I can maybe be a citizen before moving...

Do I have to apply exactly 90 days before it expires? Could I wait until 60 days before it expires? Would that work? Or even 50 days? Cuz then I could wait and see if the Canadian PR come through by then and if so, I won't even bother applying.

[Dakine 26]

Do I have to apply exactly 90 days before it expires? Could I wait until 60 days before it expires? Would that work? Or even 50 days? Cuz then I could wait and see if the Canadian PR come through by then and if so, I won't even bother applying.

You can apply ONE day before it expires!

[diadromous mermaid 36]

I received my CR-1 back in March 2006. I have been living in the states with my husband ever since. However, I have decided to to back to school, and we decided I would do this back in Canada (my home country). So we are applying for PR for my husband to move to Canada. We are in the final stages, but it looks like it will not come through until mid-January. After we get it, we will need a few weeks to tie up loose ends, etc.

I just realized my CR-1 will expire March 2008. So I need to apply in December 2007. But I don't want to shell out $500 to extend a green card I plan to give up as soon as we get hubby's PR for Canada. But what if PR for Canada doesn't come through when we expect it, and still isn't here by March?

I have no idea what to do. We have no extra money as we are trying to save for my tuition, and paying out the wazzoo for Canadian immigration. USCIS just took $400 of my money in July when my wallet containing my greencard was stolen, and I have no desire to give them another $500 for nothing.

Any advice? I don't know what to do, but really can't afford to pay $500 right now...is there any way to call them and explain or something? I need to keep working until we move, so I can't just let it expire...*sigh* This sucks.

if your conditional green card expires in March 2008, you don't have to file to remove conditions in December 2007, necesarily. You can submit an application any time within the final 90 days prior to the expiration of the green card. Admittedly, most aliens don't leave it until last minute, since they need to be able to preserve status, and failing to file by the deadline could place that in jeopardy, but there's no hard an fast law that prohibits an alien from submitting an application close to the expiry date or even after the expiry date for that matter. Acceptance by USCIS of an untimely filed application would be discretionary and subject to the alien providing a reasonable explanation.

Why not wait until January to see what progress you're making with the Canadian immigration before filing?