How long can a green card holder stay outside US?

[darth vader 131]

I recently got my IR1 visa approved. I have a few months to enter US and activate my green card. However, I want to be able to come back to Canada and work for several months after that in Canada before moving back to the US for good. Is my understanding of the following correct:

 

1. I can enter US and activate my green card. The actual plastic green card will come at my US address within a month?

2. I can then leave US and come back to Canada keep working here and stay outside the US for up to 1 year from the date I left US in order to keep my green card active.

3. If 2 is correct, will the CBP officer give me trouble if say I return to US after 10 months of activating the green card?

4. Would traveling from US to Canada on my stamped IR1(serves as a green card for up to an year) be an issue? I plan to travel to collect my plastic green card and for vacation.

 

Inviting @pushbrk, @Ontarkie to answer. Thank you!

Edited April 4, 2019 by darth vader

[pushbrk 12,083]

3 minutes ago, darth vader said:

I recently got my IR1 visa approved. I have a few months to enter US and activate my green card. However, I want to be able to come back to Canada and work for several months after that in Canada before moving back to the US for good. Is my understanding of the following correct:

 

1. I can enter US and activate my green card. The actual plastic green card will come at my US address within a month?

2. I can then leave US and come back to Canada keep working here and stay outside the US for up to 1 year from the date I left US in order to keep my green card active.

3. If 2 is correct, will the CBP officer give me trouble if say I return to US after 10 months of activating the green card?

4. Would traveling from US to Canada on my stamped IR1(serves as a green card for up to an year) be an issue? I plan to travel to collect my plastic green card and for vacation.

 

Inviting @pushbrk, @Ontarkie to answer. Thank you!

Technically, I suppose you could say 2 is correct.  However, "giving you a hard time" is not the issue.  It's very possible when the Officer and sees your travel history, showing you were never really "residing in" the US, they would keep your green card and revoke your status.

 

A better solution would be for you and your spouse to apply for a re-entry permit before leaving the country.  You only have to apply before leaving, not wait for it to be approved.  Once it's approved, you should be fine.

[darth vader 131]

6 minutes ago, pushbrk said:

Technically, I suppose you could say 2 is correct.  However, "giving you a hard time" is not the issue.  It's very possible when the Officer and sees your travel history, showing you were never really "residing in" the US, they would keep your green card and revoke your status.

 

A better solution would be for you and your spouse to apply for a re-entry permit before leaving the country.  You only have to apply before leaving, not wait for it to be approved.  Once it's approved, you should be fine.

Can any LPR obtain reentry permit? Does one have to prove a valid reason for staying outside the US for extended times in order to obtain a reentry permit?

[pushbrk 12,083]

1 minute ago, darth vader said:

Can any LPR obtain reentry permit? Does one have to prove a valid reason for staying outside the US for extended times in order to obtain a reentry permit?

Why not download the I-131 and read the instructions.  Also Google Reentry permit for official information from USCIS.  

 

[Ontarkie 13,883]

Pushbrk answer your questions but I want to add

 

Once you enter the USA and get your visa endorsed you are no longer a Canadian resident and that means you cannot use the Canada's health care. You also must pay taxes as a non resident. 

 

 

[darth vader 131]

45 minutes ago, Ontarkie said:

Pushbrk answer your questions but I want to add

 

Once you enter the USA and get your visa endorsed you are no longer a Canadian resident and that means you cannot use the Canada's health care. You also must pay taxes as a non resident. 

 

 

Thanks for your comment. I am sorry, I do not want to appear rude but Can you back up your claim? I am pretty sure that is not how it works. The only requirement for being a permanent resident in Canada is the physical presence requirement for 2 years out of the last 5 years. Many people live in border areas and commute to work to other side and maintain their green card and permanent residence at the same time. You only lose Ontario provincial healthcare as a PR if you lived outside of Ontario for more than six months - http://www.health.gov.on.ca/en/public/programs/ohip/ohipfaq_mn.aspx.

Edited April 5, 2019 by darth vader

[Ontarkie 13,883]

36 minutes ago, darth vader said:

Thanks for your comment. I am sorry, I do not want to appear rude but Can you back up your claim? I am pretty sure that is not how it works. The only requirement for being a permanent resident in Canada is the physical presence requirement for 2 years out of the last 5 years. Many people live in border areas and commute to work to other side and maintain their green card and permanent residence at the same time. You only lose Ontario provincial healthcare as a PR if you lived outside of Ontario for more than six months - http://www.health.gov.on.ca/en/public/programs/ohip/ohipfaq_mn.aspx.

This is not about your PR status in Canada. They allow their PR to move for sometime and still keep their PR status. 

 

It is how Health Canada deems your residency status for health care. Since you listed OHIP we are talking about Ontario and they consider the minute you get your US visa endorsed the day you are no longer a resident of Ontario. You will not be gone temporary like a Student or a Snow bird off to Florida or Arizona for the winter. You are moving Permanently to the US. If you weren't moving to the US they would not have given you a US visa to move to the US.

 

The link you posted shows you need to be a Ontario Resident.  You can't be a resident of the US and Canada at the same time. The US will also look badly on you if you use OHIP as that shows clearly that you are a Canadian resident. 

 

Yes many ppl drive daily for work both ways. We have a member on here that works for the Canadian border patrol. She goes back and forth daily, she still pays for OHIP and taxes as a non resident. She still cannot use OHIP.  

 

Again you will not be a resident of Canada in any shape or form for health care or taxes if you want to keep your US PR.

 

Your link

Help prevent OHIP fraud

You can help stop someone who:

• knowingly uses an Ontario health card that is not theirs
• receives health services covered by OHIP but is not an Ontario resident
• knowingly gives false information to get OHIP when they know they are not eligible

Edited April 5, 2019 by Ontarkie

[Lemonslice 4,544]

36 minutes ago, darth vader said:

Thanks for your comment. I am sorry, I do not want to appear rude but Can you back up your claim? I am pretty sure that is not how it works. The only requirement for being a permanent resident in Canada is the physical presence requirement for 2 years out of the last 5 years. Many people live in border areas and commute to work to other side and maintain their green card and permanent residence at the same time. You only lose Ontario provincial healthcare as a PR if you lived outside of Ontario for more than six months - http://www.health.gov.on.ca/en/public/programs/ohip/ohipfaq_mn.aspx.

 

Canadian Permanent Residence requirements are different from the American ones - Read on Maintaining Permanent Residence, and this part: 

 

Quote

Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

Move to another country, intending to live there permanently.

 

And then, from your source:

 

Quote

Am I still eligible for OHIP if I temporarily leave Ontario?

You may be out of the province for up to 212 days in any 12-month period and still maintain your Ontario health insurance coverage provided that you continue to make Ontario your primary place of residence.

To maintain eligibility for OHIP coverage you must be an eligible resident of Ontario. This means that you must :

• have an OHIP-eligible citizenship/immigration status; and
• be physically present in Ontario for 153 days in any 12-month period; and
• be physically present in Ontario for at least 153 days of the first 183 days immediately after establishing residency in the province; and
• make your primary place of residence in Ontario.

If you will be out of the province for more than 212 days in any 12-month period, please refer to the Longer Absences from Ontario fact sheet.

... apply for the reentry permit and plan to "move" and live in the United States eventually.

[Going through 5,668]

8 hours ago, darth vader said:

The only requirement for being a permanent resident in Canada is the physical presence requirement for 2 years out of the last 5 years. Many people live in border areas and commute to work to other side and maintain their green card and permanent residence at the same time.You only lose Ontario provincial healthcare as a PR if you lived outside of Ontario for more than six months -

Maintaining permanent residency in Canada is separate from maintaining residency in Ontario for OHIP benefits.

 

One of the pitfalls for many Ontarians when they move to the US is giving up OHIP....it was for me, too, a bit at first....but that's one of the side effects that comes with choosing to immigrate to the US.

Edited April 5, 2019 by Going through

[aaron2020 11,651]

10 hours ago, darth vader said:

Thanks for your comment. I am sorry, I do not want to appear rude but Can you back up your claim? I am pretty sure that is not how it works. The only requirement for being a permanent resident in Canada is the physical presence requirement for 2 years out of the last 5 years. Many people live in border areas and commute to work to other side and maintain their green card and permanent residence at the same time. You only lose Ontario provincial healthcare as a PR if you lived outside of Ontario for more than six months - http://www.health.gov.on.ca/en/public/programs/ohip/ohipfaq_mn.aspx.

Google maintaining legal permanent residency in the US.  Read the part about claiming residency abroad and how that affects your US green card.

 

Claim benefits as a Canadian resident, then you have violated the terms of your US green card.  

 

You can't have your cake and eat it too.  

 

Green card holders live in the US.  They don't "vacation" in the US to pick up their plastic green card while living in Canada.

[WeGuyGal 1,052]

2 hours ago, aaron2020 said:

 

Green card holders live in the US.  They don't "vacation" in the US to pick up their plastic green card while living in Canada.

That just about says it all. 

[WeGuyGal 1,052]

In order to fulfill the requirements of a US green card, the holder must maintain residence and ties to the US, even if temporarily overseas on a reentry permit, including filing US taxes as applicable. Too often we see folks trying to have it both ways. A green card is not a super tourist visa to be used as convenient. It requires permanence and ties to the US.

 

Claiming canadian health benefits as a Canadian resident violates obligations as a US permanent resident. 

[CEE53147 559]

Being employed outside the US can be interpreted as forfeiting LPR.

 

You really need to consult an attorney with your scheme.

[darth vader 131]

9 minutes ago, CEE53147 said:

Being employed outside the US can be interpreted as forfeiting LPR.

 

You really need to consult an attorney with your scheme.

Thanks for all your replies. I wanted to see if there is anyway I can hold off moving to US for another several months since my wife ended up getting a once in a lifetime opportunity here in Canada. One year at her current job will give her some really valuable job experience, doing wonders for her career. But looks like we will just have to apply again in a few years. I really wanted to avoid having to apply again since the process sucks so much.

 

Any ideas on what kind of impact would not activating my green card would have on my future IR1 application? TIA.

Edited April 5, 2019 by darth vader

[darth vader 131]

20 hours ago, Ontarkie said:

This is not about your PR status in Canada. They allow their PR to move for sometime and still keep their PR status. 

 

It is how Health Canada deems your residency status for health care. Since you listed OHIP we are talking about Ontario and they consider the minute you get your US visa endorsed the day you are no longer a resident of Ontario. You will not be gone temporary like a Student or a Snow bird off to Florida or Arizona for the winter. You are moving Permanently to the US. If you weren't moving to the US they would not have given you a US visa to move to the US.

 

The link you posted shows you need to be a Ontario Resident.  You can't be a resident of the US and Canada at the same time. The US will also look badly on you if you use OHIP as that shows clearly that you are a Canadian resident. 

 

Yes many ppl drive daily for work both ways. We have a member on here that works for the Canadian border patrol. She goes back and forth daily, she still pays for OHIP and taxes as a non resident. She still cannot use OHIP.  

 

Again you will not be a resident of Canada in any shape or form for health care or taxes if you want to keep your US PR.

 

Your link

Help prevent OHIP fraud

You can help stop someone who:

• knowingly uses an Ontario health card that is not theirs
• receives health services covered by OHIP but is not an Ontario resident
• knowingly gives false information to get OHIP when they know they are not eligible

Very informative, thank you!

Edited April 5, 2019 by darth vader