Job Offer in Canada: Will it affect my new Green Card

[chrisete 55]

Hi Everyone,

I have a great job offer back in Canada. My previous company kept me on remotely but the owner approached me for a new project where I would need to spend time there in the office. They will give me generous leaves to come back and forth to be with my husband.

I have just received my green card. Will this affect my status if I go to live and work there if I am also living here?

Confused....any suggestions would be great. Thanks in advance.

[Ryan H 3,791]

Moved from IR-1/CR-1 Process & Procedures to Working & Traveling During US Immigration forum.

[Transborderwife 4,666]

it may or may not. How much time would you be living there?

[Mounat 74]

Hi Everyone,

I have a great job offer back in Canada. My previous company kept me on remotely but the owner approached me for a new project where I would need to spend time there in the office. They will give me generous leaves to come back and forth to be with my husband.

I have just received my green card. Will this affect my status if I go to live and work there if I am also living here?

Confused....any suggestions would be great. Thanks in advance.

Are you a Canadian citizen? Having just received a green card means you want to make America your home. Taking up a full-time job in Canada may signal to any CBP officer that you're abandoning your US residency.

You could probably get away with it for a while but when the time comes to file for taxes and later for naturalization, you'll have to declare the foreign income and explain the long absences and possibly risk losing your LPR status.

It's definitely a risky move to take up a job abroad even if it's "back home."

Weigh your options carefully and consider the value of the job/career versus long term plans in the United States.

I am somewhat familiar with your predicament and sympathize with you. It's not easy to choose but you'll have to decide and tread carefully. USCIS can be unforgiving.

Good luck.

[NikLR 13,220]

As long as you dont use any Canadian specific benefits like healthcare and you can figure out the pay so that you arent having issues there. Lots of Canadians who live near the border commute to Canada to continue their careers.

[chrisete 55]

it may or may not. How much time would you be living there?

It would be for a year but I could come home to KY as often as I like

it may or may not. How much time would you be living there?

It would be for a year but I could come home to KY as often as I like

[chrisete 55]

Are you a Canadian citizen? Having just received a green card means you want to make America your home. Taking up a full-time job in Canada may signal to any CBP officer that you're abandoning your US residency.

You could probably get away with it for a while but when the time comes to file for taxes and later for naturalization, you'll have to declare the foreign income and explain the long absences and possibly risk losing your LPR status.

It's definitely a risky move to take up a job abroad even if it's "back home."

Weigh your options carefully and consider the value of the job/career versus long term plans in the United States.

I am somewhat familiar with your predicament and sympathize with you. It's not easy to choose but you'll have to decide and tread carefully. USCIS can be unforgiving.

Good luck.

Yes, I am a Canadian citizen and want to keep my Canadian citizenship even though America is my home and will naturalize.

My income is already in Canadian dollars as my company kept me on remotely so I will have to file the foreign income as it is. Good grief this is getting complicated...

As long as you dont use any Canadian specific benefits like healthcare and you can figure out the pay so that you arent having issues there. Lots of Canadians who live near the border commute to Canada to continue their careers.

Why couldn't I go to a doctor if I got sick, I am paid in Canadian dollars as it is and they take the healthcare tax off my check.

[Transborderwife 4,666]

Yes, I am a Canadian citizen and want to keep my Canadian citizenship even though America is my home and will naturalize.

My income is already in Canadian dollars as my company kept me on remotely so I will have to file the foreign income as it is. Good grief this is getting complicated...

Why couldn't I go to a doctor if I got sick, I am paid in Canadian dollars as it is and they take the healthcare tax off my check.

because you're not a resident for those purposes. you may have some difficulty nautralizingdown the road being away so much

[NikLR 13,220]

Yes, I am a Canadian citizen and want to keep my Canadian citizenship even though America is my home and will naturalize.

My income is already in Canadian dollars as my company kept me on remotely so I will have to file the foreign income as it is. Good grief this is getting complicated...

Why couldn't I go to a doctor if I got sick, I am paid in Canadian dollars as it is and they take the healthcare tax off my check.

Doesnt matter. Only provincial residents can use health care in Canada. If you are a resident of a province in Canada, you are not a resident of the USA and that jeopardizes your green card. That's just how it works between Canada and the USA.

Sounds like you arent properly being paid as a non-resident from this Canadian company either.

[chrisete 55]

Doesnt matter. Only provincial residents can use health care in Canada. If you are a resident of a province in Canada, you are not a resident of the USA and that jeopardizes your green card. That's just how it works between Canada and the USA.

Sounds like you arent properly being paid as a non-resident from this Canadian company either.

ah...thanks! It is a small company so I guess I should ask to be paid in US dollars or to change my tax? Any suggestions?

[Mounat 74]

ah...thanks! It is a small company so I guess I should ask to be paid in US dollars or to change my tax? Any suggestions?

It's a good idea to give up the provincial health card and not use it. Did you switch over your provincial driver license to a US state one? You'd have to at some point, especially given that your a LPR.

It's fine to use your US health insurance up there if necessary.

Yes, it's complicated and confusing. Canada is your homeland but not where you reside. The green card indicates you reside here. The two residencies are mutually exclusive.

Working remotely might be your best option and your employer is definitely stiffing you by paying you in Canadian dollars. That's like 70 cents on the US dollar.

Edited December 2, 2016 by Mounat

[NikLR 13,220]

No they can pay you in Canadian dollars but how they pay you as a non-resident may differ than how they would if you were a resident. At least make sure you're making the equivilant as you would down here after the exchange.

[chrisete 55]

It's a good idea to give up the provincial health card and not use it. Did you switch over your provincial driver license to a US state one? You'd have to at some point, especially given that your a LPR.

It's fine to use your US health insurance up there if necessary.

Yes, it's complicated and confusing. Canada is your homeland but not where you reside. The green card indicates you reside here. The two residencies are mutually exclusive.

Working remotely might be your best option and your employer is definitely stiffing you by paying you in Canadian dollars. That's like 70 cents on the US dollar.

I haven't taken my driver's test yet but have the learner's permit. Funny to take a driving test after 30 years again. I did import my car.

I am seriously thinking of going back to work in Canada for my career. I spoke to my boss and he will fully support either decision and pay me fully again (he cut my pay in half for working remotely here and it was fair) if I move back. With the exchange rate, it is not a very good salary but certainly livable and well above the poverty line.

We own property here now and this will always be home but I'm thinking it makes more sense to work there and come home to KY once a month for a week or every other month or all summer (my boss approves) but I wouldn't be a permanent resident anymore.

Would this jeapodize me from coming back into the US as proposed or retiring here with my husband or coming back in 5 to 10 years. We are both in our 50s so starting a new career here has many challenges that do not come with the paycheck I would get in Canada.

My head hurts.

[NikLR 13,220]

Yes it can jeopardize you visiting once a month or all summer. Or it may not. It really depends on the CBP officer you encounter that day and if they decide you're actually living in the USA vs visiting. Since you own property and your spouse is a USC, it can lead to more complications even though you just wasted all this time and money on the K1 and AOS.

As for moving again at a later date, you'd have to go through the IR1 process to do so. It takes about a year.

If you wait until the 3 year mark, you can become a USC and you can move either way. If your spouse wants to move to Canada it can take several years before they can get permanent residency if you apply inland, or less if you apply outland. If they wait to become a Canadian citizen both of you can move back and forth at will.

You're married, do you really want to live without your spouse on a day to day or monthly basis? I wouldn't personally but everyone is different

As for the work: Are you really doing HALF the work you did in Canada? That doesn't seem fair to me unless you're genuinely doing only half the work. IMHO, I think you're being hosed.

[Ontarkie 13,925]

There have been members on here who both owned a house on each side of the border. They would visit often (can't remember how much) neither wanted to move to their spouses country just yet. They wanted to wait till they retired then pick a place. Well one day the Canadian was headed to the US. After some questioning she was told that they cannot continue the back and forth and needed to pick a country. She was no longer allowed to enter the US, till they applied for the IR1.

Another thing to point out if you have been working at a reduced rate your employer could vary well be breaking the laws in Canada. There is no guaranty that he will keep his word of letting you take the time off like he is offering right now either.

I know it's very tempting to take him up on it. I can't imagine the pay being that great after he cut your pay and then with the exchange rate. I'm in complete agreement with you're getting hosed!

I also think the IR1 process is going to start taking a lot longer then the year it has been now that Montreal is doing all the immigrant visas.

Also the expense of maintaining two places and then the trips back and forth. Not to mention the strain it will add to your marriage. Going back the the US every month or every other month is not going to be easy.

Edited December 2, 2016 by Ontarkie