K1 and AP...can i return to Cda to work for 4 months?

[toocool 0]

I'm so glad i contacted my pension plan and made the inquiry....

I found out that in order to receive a pension i had to retire on or after my 50 birthday, otherwise I would have to cash out and receive lump sum (what they project is a cumulative value) which doesn't come anywhere close to the pension I could receive if I waited it out.

As if the K1 process wasn't enough....now this! But, I am glad I researched as I would hate to do something illegal.

#######, this info really throws a kink into the plans.

Upon further consultation, as it turns out, I would have to take a leave of absence for about 9 months, then return to work put in 4 months then retire. During those 9 months I would POE, marry, apply for AOS and begin the EAP and AP process. Then after the 9 month I would return back to Canada to put in those required 4 months, then retire. But, I am not sure this is legal and permissible.

I have looked on VJ but can't find any info about my particular situation.

Advice is appreciated.

[Inky 1,111]

Moved to Canada forums as this is specific to Canada. Not working during immigration in the USA but working in Canada.

[SapphireDreams 71]

I can't see why not, the only thing you need to figure out is if you can have your residence as in the US, while working those 4 months in order to ensure you are meeting the guidelines of the greencard. You'd need to check with your employer and ensure that would be okay with them.

You just can't be a resident of the US and Canada at the same time, but you can be a resident of the US and work in Canada most likely.

[Hugglebuggles 60]

I don't see why not either... 4 months out of country wouldn't violate the terms of your US residency. Keep in mind you would need to file taxes in both countries. Also, during this time you would be a resident of the US despite working in Canada so you would not be eligible to receive Canadian health care benefits. You couldn't get US health insurance from your employer, so you would need to be added to your spouses plan or find private insurance.

[Krikit 1,164]

Yes, you can do that. I returned quite a few times to Canada to do contract work.

[toocool 0]

thanks everyone....you've helped a lot....i was, for the night thinking, I would have to abandon the k1 process and begin a different route....and that would really, really hurt.