Canadian passport and green card

[Flames9_RN 358]

If one truly wants to know the answer---next time you head into the USA---tell them ur situation.......The longer u stay living in Canada, the greater chance they will take away ur Greencard......those chances may be slim, who really knows.....but all it takes is one time.....There are many Canucks that work in Canada..but they reside in the USA.....and they checked into it and are not entitled to use the Cdn Healthcare system......I have no time to look for links..not my issue..sure would suck to be sent a huge bill. Best of luck

[NikLR 13,220]

Right now it is nothing more than your personal opinion. Please show me the official Canadian link.

I live in Canada, have a house and job there, and pay my taxes there as well.

Call your provincial health care and ask yourself.

Or search the forum from others who have called.

No skin off my back. I'm not the one who may have an issue eventually. The only part of this that annoys me is that you obtained an green card for the USA when you weren't intending to move any time soon. You took up time that could have been spent on someone who wanted to move. But hey the world is full of people just like that and there isn't anything I can do about it, so being annoyed isn't helping me at all. Have a great life.

<eom>

[semi-immigrant 1]

If one truly wants to know the answer---next time you head into the USA---tell them ur situation.......The longer u stay living in Canada, the greater chance they will take away ur Greencard......those chances may be slim, who really knows.....but all it takes is one time.....There are many Canucks that work in Canada..but they reside in the USA.....and they checked into it and are not entitled to use the Cdn Healthcare system......I have no time to look for links..not my issue..sure would suck to be sent a huge bill. Best of luck

I checked an official Canadian website. In my province you need to be physically present there 153+ days in any 12-month period.

This is what I like about Canada: there is a clear definitive answer.

In the States the criteria are very vague. They can retake your green card even after 2 months of absence. And if you tell them the situation (as you suggested) they can use this info against you.

[Flames9_RN 358]

I checked an official Canadian website. In my province you need to be physically present there 153+ days in any 12-month period.

This is what I like about Canada: there is a clear definitive answer.

In the States the criteria are very vague. They can retake your green card even after 2 months of absence. And if you tell them the situation (as you suggested) they can use this info against you.

As far as I know....u can't be a resident of 2 countries......you had the interview....you did NOT have to go and get the Visa Endorsed right away....one has up to 6 months to do that....You chose to go and get it endorsed....thus abiding by the laws/regulations that come with the Greencard.....if ur not abiding by them, then you should expect to loose the green card. And right now are u abiding by the rules? Does not sound like it.

Yes that website says that....but are u a resident of Canada? if u say yes----then should u be in receipt of the Greencard----that u activated (endorsed)

What do you plan on putting down on ur taxes? U may find yourself in a very interesting situation. Looks for NEIKS under the members list..she is a Cdn had a green card at 1 time...maybe a citizen now---lives in the USA..but still works in Canada.

Edited August 16, 2014 by Flames9_RN

[semi-immigrant 1]

As far as I know.....

Thanks. Theoretically, you are right. What would be your practical advice to me for this transitional period while I'm stuck in-between? First, how to keep the green card. Should I visit the US every 4-5 months for the short trips? Second, taxes and other fiscal considerations. I was suggested to file the IRS form 2555 since I do not have physical presence for 330+ days. What's your opinion?

[Flames9_RN 358]

I really have no advice as I get the sense your just trying to find work arounds and not address the real issues...."how to keep the greencard"...move to the USA....

[Cunuck waiting 7]

Thanks. Theoretically, you are right. What would be your practical advice to me for this transitional period while I'm stuck in-between? First, how to keep the green card. Should I visit the US every 4-5 months for the short trips? Second, taxes and other fiscal considerations. I was suggested to file the IRS form 2555 since I do not have physical presence for 330+ days. What's your opinion?

Hey.

I'm kind of in the same boat. I DO plan to move and work in the US within the next 6 months; however, I really don't want to quit my job until I have my green card and SSN in my hands,

Once I have them both I plan to quit my job and look for work in the US. Hope this is possible.

EI is wayyyy too little in a city like NY for me to leave my job and count on that, even at the top of the payout.

You have me second guessing if our plan will work.

[NikLR 13,220]

Hey.

I'm kind of in the same boat. I DO plan to move and work in the US within the next 6 months; however, I really don't want to quit my job until I have my green card and SSN in my hands,

Once I have them both I plan to quit my job and look for work in the US. Hope this is possible.

EI is wayyyy too little in a city like NY for me to leave my job and count on that, even at the top of the payout.

You have me second guessing if our plan will work.

When you POE with a CR1 OR IR1 you immediately have a green card, just not the hard copy. You can apply for an SSN within 2 weeks. You will either get it automatically or the SAVE database will have you on file by that time. EI will probably help while looking for a job plus you can find a temporary position anywhere (or use a temp company) while looking for a more permanent career.

All of these things you need to plan and discuss with your spouse. I actually made almost as much in EI as I did my first few pay checks down here because I had to restart at minimum wage and I was quite above it when I left Alberta.

My spouse and I spent a lot of time discussing the finances before we even sent the I-130. We're more financially stable in the USA because of his job. Had it been the other way around, he would have moved to Canada, and almost did until his current employment. Maybe you guys need to discuss it more. You can always slow down the NVC to save money if you feel you need more savings. Plus you have 6 months after the medical to endorse the visa and become an LPR.

[semi-immigrant 1]

I'm kind of in the same boat.

Yup. Immigration is a tough choice ...

[Cunuck waiting 7]

Yup. Immigration is a tough choice ...

I hear ya. Good luck to you.

[warlord 72]

You will not be able to come back every few months for a short visit, you will still be residing and living in Canada and the US will most likely find that out and declare your GC abandoned. This is a common misconception people make and try to do and scam the GC system. The USCIS is fully aware of people attempting to come back to "visit" for a short period of time thinking it preserves residency.

It does not. What preserves the GC is having US residency and proving to the USCIS that you have maintained that, otherwise they will declare your GC abandoned.

The best move right now is to get over to the US ASAP and pray they don't call you into to questioning at the border. You may luck out, but the longer you wait, the most apt it will be that your status will be revoked...

[semi-immigrant 1]

I hear ya. Good luck to you.

Thanks. Good luck to you too!

[Rob & Monika 87]

Go to the US and file for a reentry permit. This gives you up to 2 years to return. The longer you wait, the bigger the risk of having it revoked. When you pull up with Canadian plates, they immediately think you are a Canadian resident. You will need a good excuse why you haven't changed your plates yet if your GC is more than a few months old. My wife got scolded for handing them her passport instead of her GC...they know.

[semi-immigrant 1]

Perhaps, someone will find this article useful:

Maintaining Legal Permanent Resident Status

http://www.hooyou.com/reentrypermit/maintainninglegalPRS.html

Edited August 19, 2014 by semi-immigrant

[Rob & Monika 87]

No where does that article mention the CBP. As with any border issue, each case is in the hands of the CBP officer. You're issue will really be with whoever is letting you in the country, their mood, their personality, their local policies, etc. It doesn't matter what a lawyer thinks, it comes down to what the officer thinks. They are making a good effort at determining which country you really live in when it comes to Canada:

http://business.financialpost.com/2014/03/11/border-shakeup-could-have-tax-consequences-for-snowbirds/

And this lawyer also says the CBP is doing just that "Many people wrongly believe that to keep your green card all you need to do is enter the U.S. at least once a year. The fact is that if you ever leave the U.S. with the intention of making some other country your permanent home, you give up your U.S. residency when you go. The border officials will look at your behavior for signals that your real place of residence is not the United States."

http://www.nolo.com/legal-encyclopedia/keeping-green-card-29707.html

There is no clear answer in regards to whether you can get away with it. Your job will be convincing the CBP that your permanent residency is in the US. In your other topic, you have a testimony from someone who was threatened by the CBP that if they continued, they would bring him before an immigration judge. The difference between that post and your friend that has been doing this for 7 years is likely the country of origin. Air travel logs both arrivals and departures...where only arrivals by land were easily available before. As of this year, they are watching the departures as well.

My advice, is at least get US/State plates on your vehicles, US/State drivers license, etc. Establish as many ties to the US as you can.