HELP!!!! Marriage Issues + Temporary Move to Canada before removal of conditions.

[Adil & Jeanne 296]

people here only try to help

it is not a judgement but honest help

we say what we think as you put your information out here in piblic

anyone who doesn't want CONSTRUCTIVE COMMENTS should not tell personal secrets

try to understand we all care and try to help each other

and many of us feel the move will only make things harder for marriage and for your immigration process

sorry for what you go thru / sincerely sorry / but take all this advice and use what you can / throw out what you don't need

and remember if you tell 10 people a problem / you will get 10 different peices of advice

Edited August 7, 2015 by Adil & Jeanne

[Udella&Wiz 325]

The only thing that jumped out at me was your sentence "My move is currently already booked for AUG 18".....you are planning a MOVE vs a visit (even if you believe temporary) and you've indicated you're moving belongings...not just a large suitcase or 2 for an extended visit.

Obviously this event in your relationship doesn't coordinate well with the point you're at in the immigration timeline. Is there a possibility you could revise this and call it an extended visit which doesn't involve moving belongings? The moving of your things might imply and element of permanence to the immigration folks.

Edited August 7, 2015 by Udella&Wiz

[Ontarkie 13,915]

I agree with Udella. Showing up at the border with all your things they are going to ask you what's up.

They will be admitting you as a returning Canadian not a visitor, that would be enough for you to lose your GC. You can't be a resident in both Countries.

Go for a visit collect your thoughts, return to the US and if it's still too hard to face your husband ask him to stay with his family. Get into some sort of counseling asap, one for you alone and one as a couple.

My two cents, it already sounds like you checked out of your marriage. I don't blame you I've been in a similar situation also. One thing I can tell you family rarely tends to be helpful in these situations. You need a neutral party to talk with.

[Alaska2012 462]

I just don't see how you moving back to Canada will solve the problem. And to actually pack up all your belongings doesn't make it sound like you are planning on going back.... I could see if you went home for a month recharged your batteries and went back....

I think you could have issues making this look good in the future

[Shauna&Wael 211]

It sounds to me like you've decided the marriage most likely will not work out, but you want to know a plan for immigration "just incase" the marriage ends up working out later. Must be nice to have permanent residency waiting for you whenever you decide you want it. I'm not sure CBP will feel the same way.

[Boiler 43,433]

Just look up maintaining Permanent Residency, seems that you are not so the issue ends there.

[tuckin14 58]

I have a little different view than the others.

Let's separate this into two issues.

Physically leaving the USA, even to live somewhere else, does not mean abandoning residency. The rule of thumb is that if you're gone more than a year you are assumed to have abandoned residency, but that's not an absolute. But suppose you had a job there that was going to last 3 or 6 months and you moved enough of your household goods to be comfortable. I wouldn't think that's "abandoning."

My ex-wife left the USA at least 25-30 times to reside in Canada while she had a green card. She lived there and came to see me on weekends, then went home to work. There was one point where USCIS told her to get a reentry permit, but nothing ever came of it. And she was going back and forth enough that she surely must have been known to the CBP folks. Remember too that you will be dealing with US CBP when you return, not when you leave, and CBP are not USCIS. You are just telling them that you went to Canada for a few months, and are bringing some furniture back. That really doesn't seem so weird to me.

As for USCIS, pretty much they're going to say "Why didn't you co-habitate, and if you were just so shaken by the infidelity,did you do the next best thing and at least talk and email when you were apart and visit when you could?"

Technically, bona fide marriage and abandonment of USA domicile are unrelated, but here it's pretty clear they overlap. Is there an important reason not to get an attorney?

[Boiler 43,433]

Abandonment is a horribly complicated situation. Sometimes these questions come down to What can I get away with rather than what should be the case.

A small change in facts can make a major difference.

[NikLR 13,220]

In case you are curious, to use provincial health care, means you must be a resident of the province. How it is determined varies by province but essentially you become a resident of the province and of Canada. In Canada's eyes, you cannot be both, which is why we (Canadian citizens and residents) are no longer eligible for health care or any social funds except for EI once we immigrate to the USA. In the US government's eyes, it's highly complicated.

Edited August 9, 2015 by NLR

[rlogan 2,036]

Leaving the house open like that is ideal for encouraging affairs.

[Ortolan 381]

Yeah, just two cents' worth...If you really want to work on your marriage, I would suggest you stay and not move your things. I know you're hurting, but you can't be 100% prepared for any eventuality all the time.

If you love this man and there's the slightest chance you can forgive him, you kind of owe it to yourself to stay and figure it out. Maybe go home to visit your parents for a month, like someone else suggested. But don't move your stuff.