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Mevora

Keeping Canadian Residence along with US ?

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I think you would find it impossible to maintain the residency requirements for both the US and Canada simultaneously, especially for the US side of ROC


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

11/19/2018        NVC Received file

12/13/2018        Consulate received/ ready to schedule interview

 

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19 hours ago, aaron2020 said:

From the US's POV, a green card holder's primary residence must be the US.  Claiming residency in another country puts the green card status at risk.

If I am already a resident of Canada, do I've to inform and give up the residency ? Is there any benefit of doing so ?

 

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On 12/14/2018 at 7:28 AM, Mevora said:

If I am already a resident of Canada, do I've to inform and give up the residency ? Is there any benefit of doing so ?

 

If you become an LPR you are no longer a resident of Canada. You must file taxes as a non-resident and inform the CRA of your non-resident status.  This isnt a choice. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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3 hours ago, NikLR said:

If you become an LPR you are no longer a resident of Canada. You must file taxes as a non-resident and inform the CRA of your non-resident status.  This isnt a choice. 

I respectfully disagree. CRA would determine your residency for taxation purposes after you filed form NR73.  While most LPR are in the situation you described, a few have the pleasure (!) of being considered residents by the CRA.  That does not stop the obligation to file with the IRS.  

You're right though, it's not a choice and someone in a slightly complex situation might want to seek proper counsel. 

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same sentiments here, im holding a permanent residence here in Canada not yet a citizen and soon my K-1 Visa will be granted if i became a green card holder in the US will my PR in Canada will be automatically lose or do i need to renounce it? I also want to keep my PR and if possible have a dual citizenship in Canada and US

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1 minute ago, ErickandLeo said:

same sentiments here, im holding a permanent residence here in Canada not yet a citizen and soon my K-1 Visa will be granted if i became a green card holder in the US will my PR in Canada will be automatically lose or do i need to renounce it? I also want to keep my PR and if possible have a dual citizenship in Canada and US

Same type of issue...how would you claim permanent residence in both countries? Permanent residence has certain obligations.

The moment you make a claim to US residency (i.e. entering on the K-1 visa or applying for AOS), you are no longer a Canadian resident. They may not take any action on this right away, but they will catch up to it at some point (especially if planning to apply for citizenship later).

If dual citizenship is a goal, then obtaining one citizenship then another is the route to go.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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35 minutes ago, ErickandLeo said:

same sentiments here, im holding a permanent residence here in Canada not yet a citizen and soon my K-1 Visa will be granted if i became a green card holder in the US will my PR in Canada will be automatically lose or do i need to renounce it? I also want to keep my PR and if possible have a dual citizenship in Canada and US

Any chance your spouse is a dual citizen Canada and the US? 

Canada does have a few different ways for their PR than the US. One is by living with their Canadian spouse even in the US can count and there is another way to count a certain amount of time. That one I'm not sure on so you should read up on it. 

Edited by Ontarkie

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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We have friends that have somehow maintained dual residences and even got reciprocal permanent residence status in both countries by marriage.  They work in the same industry and split their time 50/50 between the US and Canada.  They simultaneously got her US PR status and him Canadian PR status.  Seems a bit dodgy, but they've made it work for 2 years now.


I-130

May 14, 2016: Sent I-130 Package to Chicago Lockbox

May 18, 2016: Chicago Lockbox received package.

May 20, 2016: NOA1 Notice Date with priority date of May 18. Sent to Nebraska Service Center

May 23, 2016: NOA1 E-mail

Oct 21, 2016: NOA2 Notice by App

Nov 2, 2016: USCIS sent to NVC

 

NVC

Nov 8, 2016: NVC Received

Nov 16, 2016: Case Number Assigned

Nov 18, 2016: DS-261 submitted and AOS fee paid

Nov 23, 2016: IV Fee Invoiced and paid

Nov 30, 2016: IV and AOS Packages Sent (EP)

Dec 4, 2016: DS-260 Submitted

Dec 5, 2016: NVC Scan Date

Dec 6, 2016: NVC 3 N/A and Case Complete on Phone [1 day later!]

Dec 13, 2016: NVC CC e-mail

Dec 15, 2016: Found out interview date by phone

Jan 23, 2017: Interview...Approved!

 

Jan 30, 2017: POE Toronto Pearson Airport

 

Removing Conditions

Nov 2, 2018: Sent I-751 to Arizona Lockbox

Nov 7, 2018: Apparent receipt date (SMS notification on 11/9)

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