Have green card but want to stay in Canada

[Sohree 0]

Hi,

I got my Green Card in Sep 2010. I am originally from Montreal and married my wife from Michigan. Soon after obtaining my Green Card, I was offered a job in Toronto and have accepted the job. I have tried looking for a job in the US but didnt have any luck.

Over the past few months, since Sep, i have travelled from Toronto to Michigan to visit my wife and in-laws and each time i have crossed the border i show my Canadian Passport and Green card and explain to the immigration officer that i have not moved to the US yet. When i say this, he says that if i dont move, they will take the Green Card away...or i can file paperwork to ask for an extension. Does anyone know what form is required?

Also, my wife is a Canadian Citizen (dual) and is going to move to Toronto as well. Does she need to file paperwork as a Canadian returning to live in Canada and will this affect my CR-1 visa?

Thanks

[Max1gk 68]

Hi,

I got my Green Card in Sep 2010. I am originally from Montreal and married my wife from Michigan. Soon after obtaining my Green Card, I was offered a job in Toronto and have accepted the job. I have tried looking for a job in the US but didnt have any luck.

Over the past few months, since Sep, i have travelled from Toronto to Michigan to visit my wife and in-laws and each time i have crossed the border i show my Canadian Passport and Green card and explain to the immigration officer that i have not moved to the US yet. When i say this, he says that if i dont move, they will take the Green Card away...or i can file paperwork to ask for an extension. Does anyone know what form is required?

Also, my wife is a Canadian Citizen (dual) and is going to move to Toronto as well. Does she need to file paperwork as a Canadian returning to live in Canada and will this affect my CR-1 visa?

Thanks

I think he was talking about a reentry permit. Anyway even with a reentry permit you cannot stay away from the US for more than 2 years otherwise you will lose your residency.

[Colleens 40]

Hi,

I got my Green Card in Sep 2010. I am originally from Montreal and married my wife from Michigan. Soon after obtaining my Green Card, I was offered a job in Toronto and have accepted the job. I have tried looking for a job in the US but didnt have any luck.

Over the past few months, since Sep, i have travelled from Toronto to Michigan to visit my wife and in-laws and each time i have crossed the border i show my Canadian Passport and Green card and explain to the immigration officer that i have not moved to the US yet. When i say this, he says that if i dont move, they will take the Green Card away...or i can file paperwork to ask for an extension. Does anyone know what form is required?

Also, my wife is a Canadian Citizen (dual) and is going to move to Toronto as well. Does she need to file paperwork as a Canadian returning to live in Canada and will this affect my CR-1 visa?

Thanks

As a Canadian Citizen you wife will just have to tell them that she is a returning resident at the border. As for your CR-1 visa and green card, you will lose it if you move to Canada. To be a resident and maintain residency (and your green card) you have to live in the US.

As the previous poster said, you can file for a re-entry permit, but I am not 100% how those work and the conditions that apply with them, you would need to do some more research.

[warlord 72]

I think he was talking about a reentry permit. Anyway even with a reentry permit you cannot stay away from the US for more than 2 years otherwise you will lose your residency.

Yes it's the re-entry permit. The thing about it, is yes you can request for it and if you qualify get one, but if you were ever thinking about trying for US Citizenship, this would reset your clock back to the start. So if you were close to get US citizenship, then this would remove all your progress and your timeline would be set back to the date of when you got your Green Card.

So you have 3 options:

A) get the re-entry permit and leave for 2 years and then return to live in the US

B) get US Citizenship

C) Abandon the Green Card and permanently live in Canada and forfeit your US status.

[SapphireDreams 71]

If you have plans to live in Canada long term, I'd probably just give up the green card and then just reapply for a IR-1 when you want to move back to the US.

But, if your plans to work in Canada are short term (2 years or less) then apply for the re-entry permit.

You're walking a fine line using it to cross into the US to basically visit. Your lucky they haven't taken it away from you yet. All it'll take one border agent to decide you are abusing it. Or, once you pass the six month mark and they see you haven't moved yet, they'll probably take it from you.