How long can a green card holder stay outside US?

[Ontarkie 13,902]

37 minutes ago, darth vader said:

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.

You have 6 months from the medical to use your visa. Check the date on it, and wait until it's close and cross to get it endorsed. Then you would only be out of the US for about 6 months hopefully. 

 

There is no impact other then starting all over. As DCF does not happen in Canada and it will be gone soon by the sounds of it. So the only impact will be paying for everything all over again with the waiting game and then dealing with Montreal's very strict proof of the USC being in the US living and working before granting the visa. 

 

I really would try to hold off on getting your visa endorsed until just a few days to a week before it expires. 

Edited April 6, 2019 by Ontarkie

[darth vader 131]

1 hour ago, Ontarkie said:

You have 6 months from the medical to use your visa. Check the date on it, and wait until it's close and cross to get it endorsed. Then you would only be out of the US for about 6 months hopefully. 

 

There is no impact other then starting all over. As DCF does not happen in Canada and it will be gone soon by the sounds of it. So the only impact will be paying for everything all over again with the waiting game and then dealing with Montreal's very strict proof of the USC being in the US living and working before granting the visa. 

 

I really would try to hold off on getting your visa endorsed until just a few days to a week before it expires. 

This is pretty spot on. Let's say that I activate my green card and come back, we wait for my wife to finish up her project - and we both move back together after 5-6 months. I am still worried that the CBP officer could say that I have abandoned my green card status.

 

I know this would be anecdotal at best - but have folks here actually seen cases where CBP officers revoke green card for absence of less than 6 months? If so, would short weekend trips during those 6 months help or hurt?

 

Thank you everyone for your descriptive answers. It is not easy to absorb everything when going through a tough decision making process, and your answers help a lot.

Edited April 6, 2019 by darth vader

[WeGuyGal 1,052]

1 hour ago, darth vader said:

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.

With such an opportunity for a USC spouse in Canada, how was she able to show a US domicile?

 

The process does not suck, it is fairly straightforward for those who truly intend to follow the IV rules and have the documentation to prove it. Show us another nation's immigration system as liberal as the US'. Feel free to ask questions once you both decide to leave Canada. 

 

It appears that you tried to game the system by activating a green card when you have no (current) intention of living in the US. 

[darth vader 131]

40 minutes ago, WeGuyGal said:

It appears that you tried to game the system by activating a green card when you have no (current) intention of living in the US. 

It appears that you are making assumptions and not actually reading my post and comments. Where did I claim that I have activated my green card? I have reported your comment for personal insult which is against this forum's rules. Get off your high horse and stop seeing plots/conspiracies where they simply do not exist. People's circumstances change during this very long process. I am simply trying to see if I can abide by all rules and still avoid having to refile for an IR1 at a later date and be able to use the current visa. If I can, great, if I cant, that's OK too. But please tell me what the hell is wrong in trying to learn about options and make informed decisions without breaking any rules?

Edited April 6, 2019 by darth vader

[Lil bear 3,831]

25 minutes ago, darth vader said:

It appears that you are making assumptions and not actually reading my post and comments. Where did I claim that I have activated my green card? I have reported your comment for personal insult which is against this forum's rules. Get off your high horse and stop seeing plots/conspiracies where they simply do not exist. People's circumstances change during this very long process. I am simply trying to see if I can abide by all rules and still avoid having to refile for an IR1 at a later date and be able to use the current visa. If I can, great, if I cant, that's OK too. But please tell me what the hell is wrong in trying to learn about options and make informed decisions without breaking any rules?

I entered Sept 2 on IR5 and had to return to Australia 6 weeks later to finish up my job, finalise the house contents shipping etc.. returned to the US 10 weeks later, using my stamped visa. I had no problems but my time out was shorter and my husband remained in the US during that time.. those 2 differences would have made it less likely that I would have been seen as possibly abandoning the GC residency. 

One of the challenges is that reentry into the US for everyone other than USC is at the discretion of the CBP Officer .. it’s never as simple as ticking all the boxes and being certain. The rules aren’t that cut and dry 

But the CBP has no authority to remove your Resident  status.. or confiscate your GC.. they must follow the law which required you to be referred for a hearing in front of an immigration  judge .. which can take years .. and may or may not involved being detained .., 

 

[TBoneTX 43,018]

Let's respond kindly to one another, folks.

[WeGuyGal 1,052]

On 4/5/2019 at 9:56 PM, darth vader said:

It appears that you are making assumptions and not actually reading my post and comments. Where did I claim that I have activated my green card? I have reported your comment for personal insult which is against this forum's rules. Get off your high horse and stop seeing plots/conspiracies where they simply do not exist. People's circumstances change during this very long process. I am simply trying to see if I can abide by all rules and still avoid having to refile for an IR1 at a later date and be able to use the current visa. If I can, great, if I cant, that's OK too. But please tell me what the hell is wrong in trying to learn about options and make informed decisions without breaking any rules?

 

On 4/4/2019 at 7:16 PM, darth vader said:

 I plan to travel to collect my plastic green card and for vacation.

The bold above could be construed as gaming the system. You have to live in the US, not collect plastic green cards and vacation here. 

 

I did misphrase one thing.. should've phrased that your wording made it appear to be trying to game the system rather than tried (past tense) since you have yet to enter on an IR1. But no high horses here. And might serve everyone well to take posts as constructive and not be personally insulted. This is a public forum for all to post. 

[darth vader 131]

17 minutes ago, WeGuyGal said:

And might serve everyone well to take posts as constructive and not be personally insulted.

 

Sure. However is the below baiting attempt constructive?

 

On 4/5/2019 at 9:18 PM, WeGuyGal said:

The process does not suck, it is fairly straightforward for those who truly intend to follow the IV rules and have the documentation to prove it. Show us another nation's immigration system as liberal as the US'.

I never compared US immigration system to any other nation, nor did I say it wasn't liberal. I still refuse to take the bait, thank you very much.

 

On 4/5/2019 at 9:18 PM, WeGuyGal said:

Feel free to ask questions once you both decide to leave Canada.

Discouraging other posters by telling them when they can and  can not post is also against the forum rules. I wish you would familiarize yourself with forum rules, and truly practice what you preach.

 

Thanks for your comments.

Edited April 8, 2019 by darth vader

[WeGuyGal 1,052]

12 minutes ago, darth vader said:

 

Discouraging other posters by telling them when they can and  can not post is also against the forum rules. I wish you would familiarize yourself with forum rules, and truly practice what you preach.

 

I have (familiarized), thank you. 

 

And absolutely no discouragement, all are free to post within the terms of the ToS. 

 

Now    

[darth vader 131]

Well, thanks a lot folks for all the answers/comments. It looks like we might end up staying for now. It is a bit disheartening but in the long run, I know my wife and I both will have good things come out of it.

 

Another question at this point - I tried to avoid travel to US in the past and planned to go to US once I have the IR1 visa. But, I can no longer avoid travel to US anymore specially for work meetings given that most of my clients are Americans. So, given that we do not want to permanently move to the US, but stay in Canada as permanent residents for now, which one of the following is most advisable:

 

1. Do a quick green card activation and surrender it ASAP(can one surrender the stamped IR1 visa instead of physical green card)?

2. Surrendering/cancelling IR1 visa without activating it(is that even possible)?

3. Not activating IR1 visa and just applying for a travel visa once the IR1 visa has expired?

 

I am from a non visa-exempt country, and Canadian PRs can't travel to US without a travel visa or some other valid visa.

 

Thanks so much everyone from bottom of my heart. You folks have been immensely helpful. Hopefully we'll see you all in a few years, I'll try to keep active on the forum though.

Edited April 8, 2019 by darth vader

[aaron2020 11,651]

Contact the US Consulate and cancel the visa.  DO NOT USE IT UNLESS YOU ACTUALLY INTEND TO IMMIGRATE. 

 

Do not let it expire in the hope of getting a non-immigrant visa.  An NIV could be deny for immigrant intent even with an expired immigration visa.

 

[TBoneTX 43,018]

Any more bickering and this thread will be locked, with administrative action applied.

[darth vader 131]

20 minutes ago, TBoneTX said:

Any more bickering and this thread will be locked, with administrative action applied.

We have actually made peace and are back on the main topic. Thanks, Mod.

[Going through 5,668]

4 hours ago, darth vader said:

which one of the following is most advisable:

 

1. Do a quick green card activation and surrender it ASAP(can one surrender the stamped IR1 visa instead of physical green card)?

 2. Surrendering/cancelling IR1 visa without activating it(is that even possible)?

3. Not activating IR1 visa and just applying for a travel visa once the IR1 visa has expired?

#2.  Yes, it is possible.

 

Out of curiosity--- how many physical days have you acquired as a Canadian PR/how far are you away from eligibility for Canadian citizenship?

Edited April 8, 2019 by Going through

[darth vader 131]

34 minutes ago, Going through said:

#2.  Yes, it is possible.

 

Out of curiosity--- how many physical days have you acquired as a Canadian PR/how far are you away from eligibility for Canadian citizenship?

My wife and I have around 15 months out of 36 months required. So a little less than two years to go.