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Kev

Marriage tanked after 4 years....

By Kev in Effects of Major Family Changes on Immigration Benefits

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Kev Rookie

Kev   0

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Hi Everyone!

I have lived down here in Oregon since 2005 and now my wife and I are finally agreeing to call it a day. We have a daughter together who is 3 and is the joy of my life. I'm from Canada and just seemed to never really adjust well here..Sadly we were once soulmates but this is lost in a sea of bitterness and resentment towards each other. I have a 10 year green card at the moment.. I work and she stays home with my 3 year old but she will be returning to work soon.

I love my daughter more than anything but since she will probably get primary I would like to return to BC to my old job and come down and visit my daughter on weekends. My wife says because it was a marriage Visa it will be null and void once we seperate after 5 years...Is this true? I'm not sure it matters other than to visit my daughter across the border because I want to return to Canada anyway...

Best,

Kev

Otto Grand Master

Otto   83

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Filed: Lift. Cond. (apr) Country: Germany
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Posted

Sorry to hear all that...

I love my daughter more than anything but since she will probably get primary I would like to return to BC to my old job and come down and visit my daughter on weekends. My wife says because it was a marriage Visa it will be null and void once we seperate after 5 years...Is this true? :no:No
Kathryn41 Grand Master

Kathryn41   3,205

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Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Your wife is incorrect. The 10 year green card is permanent even after a divorce. If you decide to remain in the US you can without a problem. Her sponsorship of you would also continue in place until you became a citizen, earned 40 quarters of employment, left the country permanently or either of you died.

If you do decide to move back to Canada to live, the US will consider that as giving up your permanent resident status so the green card will no longer be valid. The best thing to do in that case is to officially turn in your green card when you cross the border. Your actions will be duly recorded, and there should be no impact on your ability to visit the US again, especially to visit your daughter. You can discuss this with the border guards where you would be crossing regularly as well as they would have the final say on whether or not to allow you across the border into the US.

Good luck to you and I'm sorry it didn't work out.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Nik+Heather Experienced

Nik+Heather   121

Posted
Filed: Citizen (pnd) Country: United Kingdom
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Posted
Or stay another year and get US Citizenship, to insure you do not have problems visitting your daughter or should whatever circumstances change you'll be able to move back to the US.

And have to deal with US taxes for the rest of his life as well. Be sure to understand all the consequences and then make a decision.

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

raymaga Mentor

raymaga   25

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted (edited)

Yeah, what's up with the U.S. making you pay U.S. taxes even after you don't live here anymore???

Canada doesn't do that. I haven't done a Canadian income tax return since I left there.

Edited by raymaga

"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

Kathryn41 Grand Master

Kathryn41   3,205

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted (edited)
Yeah, what's up with the U.S. making you pay U.S. taxes even after you don't live here anymore???

Canada doesn't do that. I haven't done a Canadian income tax return since I left there.

You don't necessarily have to pay taxes to the US - you just have to file a return. Canada taxes its residents only whether they are citizens or not- the US taxes its citizens wherever they live. Sucks.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

meowmeowmeow Proficient

meowmeowmeow   1

Posted
Filed: IR-1/CR-1 Visa Country: Syria
 Timeline
Posted

im sorry to hear that :( i wish you and your family all the best.

Timeline:

Sent in I-130 form: 01/29/09

Interview Date: 11/08/09 (APPROVED!)

Visa in Hand: 11/12/09

POE: 01/30/10 (!!!!) at JFK Airport in NYC... can't wait!

Got the green card maybe 8 weeks after 01/30/10...

TBC....

======================================================================

Kev Rookie

Kev   0

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Thank you all for your replies...very kind of you..she has REALLY been going downhill emotionally since her father was sent to prison last month for 5 years..on..er...child porn charges...She was very close to him and really came unglued when he was arrested 2 years ago and sentenced last month..EVERYTHING pisses her off....

Regards,

Kev

maliciant Rising Star

maliciant   7

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted
Thank you all for your replies...very kind of you..she has REALLY been going downhill emotionally since her father was sent to prison last month for 5 years..on..er...child porn charges...She was very close to him and really came unglued when he was arrested 2 years ago and sentenced last month..EVERYTHING pisses her off....

There are about a billion nightmares in that short paragraph of yours. I'll even go so far as to say that there is a very high chance your wife was abused as a child by her father and that's part of why this is so hard for her to deal with, if that's the case then I'd be very worried about the possibility of your wife having custody of your daughter.

 
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