Very complicated situation

[amnonbabs 0]

OK, here's my huge problem:

Right now I have a 10 year green card.

I will meet the requirements to apply for citizenship on July (2008).

Hubby was offered a job in Canada and he is really excited about it, he REALLY wants to take this job. And they want him there ASAP.

We have no kids.

We don't own a house (that's why we need this job in Canada, to actually be able to buy a house)

Dad in law said we can use his house as a permanent residency while we are in Canada.

If everything goes well with hubby's new job we will be out of the US for 2 or 3 years..

How big is my problem and how can it be fixed? is it smart to wait until August , apply for citizenship, move to Canada and then come back for the interview or whatever? will they hold it against me that I am living in another country ?, should I get an immigration lawyer and will it make any difference whatsoever if I do?. please, whatever info you guys can give me I will really appreciate it. Thank you so much.

[Dakine 26]

OK, here's my huge problem:

Right now I have a 10 year green card.

I will meet the requirements to apply for citizenship on July (2008).

Hubby was offered a job in Canada and he is really excited about it, he REALLY wants to take this job. And they want him there ASAP.

We have no kids.

We don't own a house (that's why we need this job in Canada, to actually be able to buy a house)

Dad in law said we can use his house as a permanent residency while we are in Canada.

If everything goes well with hubby's new job we will be out of the US for 2 or 3 years..

How big is my problem and how can it be fixed? is it smart to wait until August , apply for citizenship, move to Canada and then come back for the interview or whatever? will they hold it against me that I am living in another country ?, should I get an immigration lawyer and will it make any difference whatsoever if I do?. please, whatever info you guys can give me I will really appreciate it. Thank you so much.

From what I understand if you show any intentions of moving permanetly to another country. You will be in trouble.

[NickD 202]

It's complicated alright and shows the short thinking and false promises of the NAFTA, instead of free trade between Canada and Mexico, many American jobs were moved to these countries, particularly in our automotive fields. Mexico for their cheap labor, and Canada with their national health program that would save our major automotive corporations over $5,000 per year per employee. Save is actually a poor work, make an extra $5,000.00 per employee is more accurate, have to keep those stock holders happy.

But times are changing again as many of these components are rapidly being transferred to China, are you sure your husband's job will be long term? NAFTA

[NickD 202]

It's complicated alright and shows the short thinking and false promises of the NAFTA, instead of free trade between Canada and Mexico, many American jobs were moved to these countries, particularly in our automotive fields. Mexico for their cheap labor, and Canada with their national health program that would save our major automotive corporations over $5,000 per year per employee. Save is actually a poor work, make an extra $5,000.00 per employee is more accurate, have to keep those stock holders happy.

But times are changing again as many of these components are rapidly being transferred to China, are you sure your husband's job will be long term? NAFTA is really backfiring, with USA jobs in Canada, many Americans have moved up there making it far more difficult today than ever to get citizenship in Canada, believe it's just as bad to get citizenship in Canada as it is here. With American Mexico jobs moving the China and the Mexicans getting use to having a couple of bucks in their pocket, illegal immigration has become a major problem here. Now after many years, we are seeing the open borders between our country being closed.

While Clinton was taking credit for the economic boom in this country in the early 90's, he had nothing to do with it, the Japanese devaluated, the US dollar allowing American companies to compete again, and keeping that US buck in this country allows our IRS to fully collect it back after it traded hands a few times making our country that much stronger. But that guy brings in China and the present administration makes it four times as worse that explains our current mess more than anything else. When that buck leaves this country, country goes broke, Americans loose jobs, and the tax rate is increased.

All because we have idiots running this country with complete idiots voting them in. We never had that deep debt after that wasted war in Viet Nam, because the buck stayed here and was taxed to pay for it. Can only wonder how this country would be today if that money were spend in improving this country. The so called war in Iraq with our huge export debt is costing us trillions that we are going in debt on. Really ironic is that we have over a 10,000 year known supply of energy in this country, if our EPA would let us use it. And this does not include nuclear fusion that only pennies are being spent to develop it. A gallon of sea water can run your car perfectly clean for your lifetime if developed.

The last great president this country had with vision for a great future was JFK, been downhill ever since, but he was shot, and we still never learned exactly by whom. And so was his brother, that has discourage other vision leaders from running.

What most of us want here is our happy little families that were formed by meeting ideal mates in other parts of the world, but running into all kinds of government imposed regulations. We also live in a world where less than 10% of the people control over 90% of the wealth, we let them get away with it and not only control the wealth but our lives as well.

We should be asking.......why? Weren't all peoples created equal? Doesn't seem that way.

[motu 5]

My wife's friend is doing the same thing - she has applied for residency and is waiting for biometrics - after that she will move to Colombia - she is using her brother's residence as her permanent address in USA. She will fly back for her citizenship interview when that happens - in the meantime she is going to not stay out for too long. She is going to come back after 6 months if the interview hasn't come through by then - stay a couple months then leave again and so on and so forth - thats her plan. I assume that you can do the same. Just read up on requirements so you do not stay out too long and have to restart the time clock. Good Luck

[Ashish 1]

OK, here's my huge problem:

Right now I have a 10 year green card.

I will meet the requirements to apply for citizenship on July (2008).

Hubby was offered a job in Canada and he is really excited about it, he REALLY wants to take this job. And they want him there ASAP.

We have no kids.

We don't own a house (that's why we need this job in Canada, to actually be able to buy a house)

Dad in law said we can use his house as a permanent residency while we are in Canada.

If everything goes well with hubby's new job we will be out of the US for 2 or 3 years..

How big is my problem and how can it be fixed? is it smart to wait until August , apply for citizenship, move to Canada and then come back for the interview or whatever? will they hold it against me that I am living in another country ?, should I get an immigration lawyer and will it make any difference whatsoever if I do?. please, whatever info you guys can give me I will really appreciate it. Thank you so much.

From what I understand if you show any intentions of moving permanetly to another country. You will be in trouble.

I remember seeing people in similar sceanrios before so you might want to search a bit..

Since it is your US Citizen husband who is moving for a job I do not think this shows any intention of moving permanently at all. You should get a reentry permit by filing form I-131, Application for Travel Document. and keep filing taxes in the US. Remember you might have to wait a few years to apply for citizenship when you come back because of the residency/physical presence clause.

Also there are certain waivers in this scenario see if you qualify.. this is from the uscis website. Even if you do no qualify for this waiver "I think" the worst that can happen is you may take longer to qualify:

There are also exceptions for lawful permanent residents married to U.S. citizens stationed or employed abroad. Some lawful permanent residents may not have to comply with the residence or physical presence requirements when the U.S. citizen spouse is employed by one of the following:

• the U.S. Government (including the U.S. Armed Forces);
• American research institutes recognized by the Attorney General;
• recognized U.S. religious organizations;
• U.S. research institutions;
• an American firm engaged in the development of foreign trade and commerce of the United States; or
• certain public international organizations involving the United States.

[motu 5]

My wife's friend is doing the same thing - she has applied for residency

Sorry - meant to say Citizenship. But I hope you understood.

[warlord 72]

Remember you need to have US residency. You need to show that you are living in the US, not just a address in the US. You need to provide all documented bills etc to show you are still living here. Comming back for a short visit every 6 months will not preserve your residency. You need to live here and visit the foreign country. Many people get denied this.

Working in another country while moving there clearly shows you broken your continual residency, as well as shows you are possibly abandoning your Green Card. The IO's are aware that people try and get away with these tactics so they know what to look for.

If the husband has a US job and the US job transferes him to Cananda for a duration then you could file a N470 I think it's called. If it's just a Canadian job and you both move, then maybe you don't need to even need citizenship. Just abandon the Green Card and permenatly move to Canada and problem solved.

Remember there's not only a denial in situation like this, there's also the possibility of having the Green Card revoked for abandonment. If the IO catches someone lying who states they are living and residing in the US when they clearly are not, then you can be looking at some serious consequences for lying to a IO. Beware.

Now after you get US citizenship, then you can move and living abroad and work etc. Before that you are really risking a lot...

[kmineo 0]

Remember you can apply for the Citizenship 90 days before you actually meet the 3/5 year requirements. That might help speed up the process. Have read that the citizenship takes anywhwere from 4 months to 1 year.

[Staashi 371]

OK, here's my huge problem:

Right now I have a 10 year green card.

I will meet the requirements to apply for citizenship on July (2008).

Hubby was offered a job in Canada and he is really excited about it, he REALLY wants to take this job. And they want him there ASAP.

We have no kids.

We don't own a house (that's why we need this job in Canada, to actually be able to buy a house)

Dad in law said we can use his house as a permanent residency while we are in Canada.

If everything goes well with hubby's new job we will be out of the US for 2 or 3 years..

How big is my problem and how can it be fixed? is it smart to wait until August , apply for citizenship, move to Canada and then come back for the interview or whatever? will they hold it against me that I am living in another country ?, should I get an immigration lawyer and will it make any difference whatsoever if I do?. please, whatever info you guys can give me I will really appreciate it. Thank you so much.

Have your husband take the job. You stay here while he lives there and then move when your citizenship is done. Also, you can visit him, just don't stay out of the country too long.

[*JG* 2]

OK, here's my huge problem:

Right now I have a 10 year green card.

I will meet the requirements to apply for citizenship on July (2008).

Hubby was offered a job in Canada and he is really excited about it, he REALLY wants to take this job. And they want him there ASAP.

We have no kids.

We don't own a house (that's why we need this job in Canada, to actually be able to buy a house)

Dad in law said we can use his house as a permanent residency while we are in Canada.

If everything goes well with hubby's new job we will be out of the US for 2 or 3 years..

How big is my problem and how can it be fixed? is it smart to wait until August , apply for citizenship, move to Canada and then come back for the interview or whatever? will they hold it against me that I am living in another country ?, should I get an immigration lawyer and will it make any difference whatsoever if I do?. please, whatever info you guys can give me I will really appreciate it. Thank you so much.

Have your husband take the job. You stay here while he lives there and then move when your citizenship is done. Also, you can visit him, just don't stay out of the country too long.

This is exactly what I was thinking.

[NickD 202]

How deep into Canada is your husband's potential workplace? The Canadian and US border is quite long with many of Canadian and USA sister cities, either separated by an imaginary line or a river. But those rivers have bridges. Just suggesting living in the USA and working in Canada as a possibility.

Ha, many of those gasoline station in those cities are built on rollers, if gas is cheaper in the US, they roll them into the US side, if cheaper in Canada, roll them back. Many cities in Canada are identical to the US, same old Mac Donald's, etc. except for Quebec, where they don't like English speaking people, regardless of race. Ha, in my neck of the woods, just have to complete any spoken sentence with a loud, HEY!, and they think that I am Canadian just like they are.

Buying a house? The American dream turning out to be a nightmare. Had to move once due to a job relocation when mortgage rates were 18%, no mistake there, rates were that high, but try selling your old home when rate are that high. Did, but took a beating, a major beating. Love owning my own home, but it can also be a prison if you want to move around.

[diadromous mermaid 36]

OK, here's my huge problem:

Right now I have a 10 year green card.

I will meet the requirements to apply for citizenship on July (2008).

Hubby was offered a job in Canada and he is really excited about it, he REALLY wants to take this job. And they want him there ASAP.

We have no kids.

We don't own a house (that's why we need this job in Canada, to actually be able to buy a house)

Dad in law said we can use his house as a permanent residency while we are in Canada.

If everything goes well with hubby's new job we will be out of the US for 2 or 3 years..

How big is my problem and how can it be fixed? is it smart to wait until August , apply for citizenship, move to Canada and then come back for the interview or whatever? will they hold it against me that I am living in another country ?, should I get an immigration lawyer and will it make any difference whatsoever if I do?. please, whatever info you guys can give me I will really appreciate it. Thank you so much.

Have your husband take the job. You stay here while he lives there and then move when your citizenship is done. Also, you can visit him, just don't stay out of the country too long.

If he is her sponosr, he will need to file an I-865 within 30 days of taking the job. Thereafter, if she remains in the USA, she should take every precaution to mingle payments for housing and common marital expenses and keep the typical evidence that they would need to show they are still in a viable marriage and that the reason they have separate residences is due to professional circumstances. Though it shouldn't be viewed as impossible, remember that in order to file at the 3 year mark, the alien should show that he or she is living with the USC. Having a husband employed abroad doesn't mean the marriage is not sustaining, but it does require a little more evidence to show.

Edited May 19, 2008 by diadromous mermaid

[motu 5]

I think some people are confusing the evidence requirements for AOS/Removal with evidence for citizenship - its very minimal - just a marriage certificate, Joint Bank account and Joint Tax return. So, Go for it - Check out the evidence requirements for citizenship here. http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

I believe you can do it very easily just like my wife's friend is doing. I do not see any problem with her plan. It's your decision so look at all sides - Good Luck.

[diadromous mermaid 36]

I think some people are confusing the evidence requirements for AOS/Removal with evidence for citizenship - its very minimal - just a marriage certificate, Joint Bank account and Joint Tax return. So, Go for it - Check out the evidence requirements for citizenship here. http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

I believe you can do it very easily just like my wife's friend is doing. I do not see any problem with her plan. It's your decision so look at all sides - Good Luck.

Well, for one they'd have to show filing tax returns jointly, and he'd have to remember to file those US tax returns despite living and working in Canada.