After receiving the packet....

[Kakoshirazi 0]

Thanks for the help you guys have given so far. Hopefully here is my final question:

My wife had her interview with the Montreal US consulate and they will be mailing her the packet in 3 days. Due to certain circumstances when my wife comes over to US she can only stay for about 3 weeks, then she has to go back to Canada for 3-4 months and then again come back and stay for about a month. We would have to repeat this cycle for about 1.5 years. Are there any legal issues involved with that and is it doable?

Thanks!

[Inky 1,111]

Legal no but it could cause residency issues yes. If they don't think she is living in the USA she could have her green card taken away.

[hikergirl 277]

http://www.uscis.gov/files/nativedocuments/M-618.pdf

Keep Your Immigration Status

Permanent residents who leave the United States for extended periods, or who cannot show their intent to live permanently in the U.S., may lose their permanent resident status. Many immigrants believe they can live abroad as long as they return to the U.S. at least once a year. This is incorrect.

It would be hard to show that she is residing in the US when most of her time will be spent in Canada.

It would also affect when she is able to naturalize.

[Kakoshirazi 0]

Legal no but it could cause residency issues yes. If they don't think she is living in the USA she could have her green card taken away.

Someone told us that also for the FIRST time she comes over to US with her packet she has to stay for 6 months before going back. I don't think he was right. What do you think?

[Inky 1,111]

Someone told us that also for the FIRST time she comes over to US with her packet she has to stay for 6 months before going back. I don't think he was right. What do you think?

Thats wrong.

Someone entering on a spousal visa can enter and then go home the next day. The stamp they get is valid for 1 year. They can use it to leave and enter until they get their green card in the mail but should then be using the green card after that.

And as a matter of fact - Canadians will very often go down to the border and activate the CR-1/IR-1 and go back to Canada to finish packing etc then move down later. - Quite common.