Re-entry Permit for conditional resident

[0live 0]

I am a conditional resident and I am going to apply for removal of conditions in August. My husband just got offered a job in Canada, and we are planning to go there in the end of August because we cannot find any job here in the US. I am wondering if I can apply for removal of conditions and a reentry permit at the same time. Also, if I get a reentry permit, can I stay in Canada as long as the reentry is valid?? or will I be risking losing my green card? Is it possible to apply for a second reentry permit when the first one expires? I really do not want to lose my permanent residence in the US because I want to live here eventually, but it seems that we have to go to Canada for work at the time being. Please, if anybody has been in a similar situation, I would appreciate some answers. Thanks!

[rika60607 215]

Your ROC has to be approved before your re-entry permit is approved - or else your re-entry will have validity up to the expiration date on your conditional GC (such re-entry permit is useless in your case).

If you apply for re-entry permit, you can stay in Canada up to the expiry date of the re-entry permit (usually 2 years) without needing to apply for a returning resident visa or re-applying for a GC. However, it takes more than re-entry permit to keep your GC. You MUST file US tax returns and more...

If you keep your house in the US (even if it's rented out to someone else), keep US bank accounts and credit cards, US drivers license and if you do not work in Canada (or even better, do not apply for Canadian residence) - no problem. If you return in 2 years with no ties to US (and plenty ties to Canada) you *may* lose your GC after all, if CBP officer decides to refer you to an Immigration Judge to determine if you abandoned your US residence or not.

I am a conditional resident and I am going to apply for removal of conditions in August. My husband just got offered a job in Canada, and we are planning to go there in the end of August because we cannot find any job here in the US. I am wondering if I can apply for removal of conditions and a reentry permit at the same time. Also, if I get a reentry permit, can I stay in Canada as long as the reentry is valid?? or will I be risking losing my green card? Is it possible to apply for a second reentry permit when the first one expires? I really do not want to lose my permanent residence in the US because I want to live here eventually, but it seems that we have to go to Canada for work at the time being. Please, if anybody has been in a similar situation, I would appreciate some answers. Thanks!

[Brother Hesekiel 2,235]

You don't need a reentry permit.

You submit your I-751 in August (receive your extension letter), then you'll have to return for Biometrics. It's rather unlikely that you will be called in for an interview, but if you get chosen, you'll have to attend.

One year later you can file for naturalization. Plan on spending at least a few weeks in the US. That will limit your trips to less than 6 months each. While it's not a magic wand kind of solution, it should do the trick.

[0live 0]

Thank you very much for the information. So, what if I keep my bank accounts and driver's license and I file US tax returns, but have to sell our house in the US because we cannot afford it? Do you think that will be a problem? Would it help if I rent a small apartment in the US while I am in Canada?

And do you think that when I submit my I-751, I should explain that I will be traveling to Canada with my husband because he got a job there?

And Just Bob, do you think it is enough to just return to the US for a few weeks every few months?

[rika60607 215]

If you go for the US citizenship, once you have it, your travel plans do not matter. You may never return to the US again and you will still remain a US citizen.

Transition period is tricky though. Look into requirements for naturalization and make sure you can meet them.

[0live 0]

Thanks for the reply. My understanding is that in order to be able to apply for naturalization based on marriage, I have to be in the US and I have to be living with my husband. The problem is that my husband will be living and working in Canada, so I cannot be both living with him there and living in the US in order to apply for naturalization. Do you think that if I rent here and come back without my husband in order to apply for naturalization, my case would be valid? Or does he have to come back and live with me here in the US during the naturalization process. Please help if you have any information. Thanks!

[Brother Hesekiel 2,235]

Thanks for the reply. My understanding is that in order to be able to apply for naturalization based on marriage, I have to be in the US and I have to be living with my husband. The problem is that my husband will be living and working in Canada, so I cannot be both living with him there and living in the US in order to apply for naturalization. Do you think that if I rent here and come back without my husband in order to apply for naturalization, my case would be valid? Or does he have to come back and live with me here in the US during the naturalization process. Please help if you have any information. Thanks!

You are overthinking it.

If your marriage is still intact and you are living together with your husband in martial bliss, then you fulfill the requirements for the 3-year N-400. Another requirement is that you spent more time in the US than abroad, and they count all of the time since you became a resident. I simply assume that you meet that requirement as well. Thirdly . . . it's okay if you have a residence in the US and one in Canada. Your US residence can be a tent on your little plot; nobody is going to check up on it. The only document (I repeat: the only document) regarding your marriage for N-400 purposes is the tax transcripts. You don't need a lease, no joint bank account, nothing like that.

Of course, you'll have to document any absence from the US lasting 24 hours or more, so the I.O. will see that you spent a lot of time in Canada previous to submitting your N-400 application. I'm sure you can explain that in a logical manner without me having to do that for you an being shunned for it.

In short, you should be able to pull this off without having to rent an apartment. Keep in mind your presence in Canada is temporary; you are still residing in the US and plan on spending more time here again very soon.

[0live 0]

Thank you again for the information. And you are right, I do tend to overthink stuff, and worry too much. I will plan on applying for naturalization next year, and hope it will work out.