Canadian citizen - working in Canada while living in USA on green card?

[theanswerisdance 144]

This may sound like a silly question, but I just want to make sure I don't make any premature assumptions. I work as a dance instructor in Canada and the sessions each run 8 weeks, one in the fall from Sept - Nov, and one in the winter from Jan - Mar (so I usually get a second job in the "off-season"). It's taken a long time to build this dance business and I am wondering if it's possible for me to maintain it while living in the States on my green card. To clarify, I'd be spending a total of 4 months staying and working in Canada, broken into two separate 2-month stays, and the other 8 months of the year living in America. My primary residence would be America, so I understand I'd be paying American taxes as well. As a Canadian citizen, am I legally allowed to work in Canada still while residing in America once I have my green card? And does the green card allow for a period of time living and working outside of the U.S., provided that I don't exceed a certain number of days spent out of the U.S. each year? Financially, it would be worth it for my fiancé and me to go this route, but I'm afraid of breaking any kind of immigration or residency restrictions.

Thanks!

[Udella&Wiz 325]

There are folks here in the Canadian forum who continued to cross the border daily for work back into Canada, what you're suggesting is slightly different where you know you would be residing in Canada for 4 months of the year. Canada will always let you in, the question is will the US let you back in, living and working in Canada for long periods could be misconstrued as abandoning your Permanent residency.

Someone one will chime in with personal experience I'm sure

[Ms Hogan 295]

You will need to research whether you can work in Canada or not as you will no longer be a Canadian resident. I don't know what the rules are for that part.

It will be important to be able to properly explain during your ROC why you spent so much time away from your spouse and out of the U.S.

I don't have much information for you either but wanted to share those two things for you to think about. Americans and Canadian go on working gigs in each other's countries all the time, especially in the arts. You'll just have to find out the details specific to your case.

There will be other Canucks here who are able to help out more, I'm sure!

[warlord 72]

This will always depend on the officers when you return to the US. With the GC there are two main rules to keep in mind. Before 6 months out of the country and after 6 months out of the country. You don't have to worry about the latter as you stated your work would only be for 2 months at a time, but anything for any duration less than 6 months, an immigration officer can try and prove you were breaking US ties and attempt to revoke your GC. They will have to do all the work though, but it does happen.

So you would need to make sure you have good US ties and such, but I really can't see this being an issue at all. Usually they are after people that physically leave the US and attempt to come back temporarily as they believe they can re-set the clock and maintain their GC before 6 months which is a huge misconception.

This is the same deal as applying for citizenship which I'm not even sure you are going to do at this point, but they can also question your motives and such living out of the US and such, but as with the border, they would have to prove it being under 6 months outside the US and they generally won't bother unless there are certain red flags.

So you should be good to go...

Edited February 11, 2015 by warlord

[NikLR 13,220]

Also fyi, you have to file US taxes, not pay US taxes on your work in Canada. Unless you make over 96k a year, you can exempt your foreign income. You won't qualify for heath care in Canada either so you'll need private health insurance for your stays.

So be honest i dont think you'll have an issue, but you may get a rude CBP officer on occasion. I just suggest retaining evidence that the USA is in fact your home and get citizenship as soon as you qualify.