Divorcing and moving back to Canada after CR1? Abandoning my greencard

[Amarixe 2]

Hi everyone

 

Apologies in advance im not sure if this is the correct forum or if the "Moving to the US and Your New Life In America" is the correct forum I should be posting this in.

 

 

Im a Canadian citizen from Canada, I moved to the USA from my home of Canada (B.C, Vancouver) on a CR-1 visa November 2020. So im coming up on almost a year of living here in the USA with my husband. I know I havent been in the USA long but I would like to divorce my husband and move back to Canada. I know members on here are going to ask me if this is what I really want and offer support (which I apreciate lots), however this is a situation that I need to leave for my mental health and im not comfortable around my husband and ill leave it at that. We have been together for 6 years and since moving here he's an entirely different person for the worse, my mental health is extremely has never been so bad because of him and I would like to divorce him and go back to Canada.

 

1.) Am I allowed to go back to Canada? How does this process work?

2.) If I am allowed to go back to Canada, how long do I have to go? I would like to save up as much money as I can before moving back. Can I leave 6 months-1 year from now?

 

 

Anything I need to know about going back home if I can?

 

 

Thank you for your time

[nastra30 1,984]

49 minutes ago, Amarixe said:

 

1.) Am I allowed to go back to Canada? How does this process work? - Yes of course you are allowed, you are not a hostage in the US. And you can go back to Canada anytime you want. You can even initiate your divorce proceedings from Canada; get a divorce lawyer. You can even divorce and continue to maintain your greencard with a divorce waiver when you file for Removal of Conditions (RoC), but I sense you just simply want to abandon your greencard and go back to Canada (?). If you are not interested in maintaining your greencard anymore after divorce, then don't go through with RoC.

2.) If I am allowed to go back to Canada, how long do I have to go? I would like to save up as much money as I can before moving back. Can I leave 6 months-1 year from now? - Again, yes. You can go back to Canada anytime you want by simply driving across the border or booking a plane ticket. You could do that tomorrow if you wanted; you are still a Canadian citizen. Your greencard will eventually automatically get abandoned if you choose not to do RoC. You can also formally also let USCIS know you want to voluntary give up your greencard. 

 

Edited October 9, 2021 by nastra30

[JeanneAdil 6,200]

so sorry this happened to u

you came on CR1 so u should get or have 2 year green card

you have the option to divorce and ROC to stay with a divorce waiver

OR 

move back to Canada anytime before the green card expires

so,  divorce,   work and save the money to return as u want

[Mike E 11,723]

1 hour ago, Amarixe said:

.1.) Am I allowed to go back to Canada?

Neither Canada nor the USA are Australia or China. Unlike those countries, Canada and the USA have functioning constitutions. As a human being,  the USA cannot prevent you from leaving the USA. As a Canadian citizen you have a right (alas no longer absolute due to covid but there is a work around) to return to Canada as per the mobility clause of the Charter of Rights and Freedoms. 
 

1 hour ago, Amarixe said:

How does this process work?

Get a negative molecular Covid test result, and within 72 hours of the swab, enter Canada by land, air, or sea.  That’s it.  
 

1 hour ago, Amarixe said:

2.) If I am allowed to go back to Canada, how long do I have to go?

You can go any time.  Today, tomorrow, next century. Canada has no timeline. 
 

1 hour ago, Amarixe said:

 

I would like to save up as much money as I can before moving back. Can I leave 6 months-1 year from now?

 

Sure.  
 

1 hour ago, Amarixe said:

Anything I need to know about going back home if I can?

You said you entered on a CR1 visa despite being with your husband for 6 years. That is strange but  regardless  if your green card is a 2 year green card the longer you stay in the USA the more likely you will come up against your card expiration.  You will encounter hassles once it expires, so leave before then. 

[igoyougoduke 1,604]

2 hours ago, Amarixe said:

Hi everyone

 

Apologies in advance im not sure if this is the correct forum or if the "Moving to the US and Your New Life In America" is the correct forum I should be posting this in.

 

 

Im a Canadian citizen from Canada, I moved to the USA from my home of Canada (B.C, Vancouver) on a CR-1 visa November 2020. So im coming up on almost a year of living here in the USA with my husband. I know I havent been in the USA long but I would like to divorce my husband and move back to Canada. I know members on here are going to ask me if this is what I really want and offer support (which I apreciate lots), however this is a situation that I need to leave for my mental health and im not comfortable around my husband and ill leave it at that. We have been together for 6 years and since moving here he's an entirely different person for the worse, my mental health is extremely has never been so bad because of him and I would like to divorce him and go back to Canada.

 

1.) Am I allowed to go back to Canada? How does this process work?

2.) If I am allowed to go back to Canada, how long do I have to go? I would like to save up as much money as I can before moving back. Can I leave 6 months-1 year from now?

 

 

Anything I need to know about going back home if I can?

 

 

Thank you for your time

1) Yes as a canadian citizen you can move back anytime to canada. do the necessary requirements for covid and you can hop on a flight or drive across to canada

2) you should apply for a reentry permit while you are in united states right now. this allows green card holders to remain outside for 2 years or up to the expiry of your conditional green card. you do not have to stay in the US for its approval however there is finger printing that needs to be done for the processing and its only done in US. 

You would need also need to file for removal of conditions with divorce waiver 90 days before your conditional green card expires. make sure you do that  

[Amarixe 2]

1 hour ago, Mike E said:

Neither Canada nor the USA are Australia or China. Unlike those countries, Canada and the USA have functioning constitutions. As a human being,  the USA cannot prevent you from leaving the USA. As a Canadian citizen you have a right (alas no longer absolute due to covid but there is a work around) to return to Canada as per the mobility clause of the Charter of Rights and Freedoms. 
 

Get a negative molecular Covid test result, and within 72 hours of the swab, enter Canada by land, air, or sea.  That’s it.  
 

You can go any time.  Today, tomorrow, next century. Canada has no timeline. 
 

Sure.  
 

You said you entered on a CR1 visa despite being with your husband for 6 years. That is strange but  regardless  if your green card is a 2 year green card the longer you stay in the USA the more likely you will come up against your card expiration.  You will encounter hassles once it expires, so leave before then. 

 

 

Oh yes my mistake on the last thing you answered, I actually got a "Permanent Resident IR1 card" that expires 11/22/30

 

Thank you so much for your help I really appreciate it

 

 

[Amarixe 2]

2 hours ago, Amarixe said:

Hi everyone

 

Apologies in advance im not sure if this is the correct forum or if the "Moving to the US and Your New Life In America" is the correct forum I should be posting this in.

 

 

Im a Canadian citizen from Canada, I moved to the USA from my home of Canada (B.C, Vancouver) on a CR-1 visa November 2020. So im coming up on almost a year of living here in the USA with my husband. I know I havent been in the USA long but I would like to divorce my husband and move back to Canada. I know members on here are going to ask me if this is what I really want and offer support (which I apreciate lots), however this is a situation that I need to leave for my mental health and im not comfortable around my husband and ill leave it at that. We have been together for 6 years and since moving here he's an entirely different person for the worse, my mental health is extremely has never been so bad because of him and I would like to divorce him and go back to Canada.

 

1.) Am I allowed to go back to Canada? How does this process work?

2.) If I am allowed to go back to Canada, how long do I have to go? I would like to save up as much money as I can before moving back. Can I leave 6 months-1 year from now?

 

 

Anything I need to know about going back home if I can?

 

 

Thank you for your time

 

 

I actually ended up getting a 'Permanent Resident card" with it saying IR1 in the category section on it that expires 11/22/30 if that matters. I forgot about that.

 

[Mike E 11,723]

31 minutes ago, Amarixe said:

 

 

Oh yes my mistake on the last thing you answered, I actually got a "Permanent Resident IR1 card" that expires 11/22/30

 

Thank you so much for your help I really appreciate it

 

 

All time you need to leave.  
 

Since it is a ten year card, after you move to Canada the next time you visit the USA you might consider filing I-407 at the CBP check point  to terminate your LPR status. Until then you will be expected to file tax returns with the IRS even though it is unlikely you will owe taxes to the IRS.  

[HRQX 4,145]

7 hours ago, Amarixe said:

I actually got a "Permanent Resident IR1 card" that expires 11/22/30

For the sake of your mental health go to Canada as soon as you can. Then when in Canada consider if you want to stay there or if you would like to try and live somewhere else in the US that is still far away from your current spouse; the US is huge and is comprised of 50 states, 1 federal district, and some populated territories.

 

Wherever you ultimately decide to live, you can start divorce proceedings in that jurisdiction.

[African Zealot 1,452]

Canada is next door and you can literally stroll across. Clearly you’re in a lot of mental anguish and stress. I don’t know your financial situation however going to Canada is at most a couple or so hundred dollars from anywhere in the USA.

 

Unless it’s absolutely vital you stay for those 6 months to make money, I would bail immediately for home considering your state. You can after all make money in Canada too. After some months of healing and contemplation you can more rationally decide whether to proceed with relinquishing your green card and/or divorce. It’s a 10 year card so no pressure if you’re away for up to six months and even a year.

 

Best! 

Edited October 10, 2021 by African Zealot

[retheem 553]

12 hours ago, Amarixe said:

Hi everyone

 

Apologies in advance im not sure if this is the correct forum or if the "Moving to the US and Your New Life In America" is the correct forum I should be posting this in.

 

 

Im a Canadian citizen from Canada, I moved to the USA from my home of Canada (B.C, Vancouver) on a CR-1 visa November 2020. So im coming up on almost a year of living here in the USA with my husband. I know I havent been in the USA long but I would like to divorce my husband and move back to Canada. I know members on here are going to ask me if this is what I really want and offer support (which I apreciate lots), however this is a situation that I need to leave for my mental health and im not comfortable around my husband and ill leave it at that. We have been together for 6 years and since moving here he's an entirely different person for the worse, my mental health is extremely has never been so bad because of him and I would like to divorce him and go back to Canada.

 

1.) Am I allowed to go back to Canada? How does this process work?

2.) If I am allowed to go back to Canada, how long do I have to go? I would like to save up as much money as I can before moving back. Can I leave 6 months-1 year from now?

 

 

Anything I need to know about going back home if I can?

 

 

Thank you for your time

You can divorce at any time. File for your citizenship

[HRQX 4,145]

12 minutes ago, retheem said:

File for your citizenship

Way too early for that. OP entered with IR-1 about 11 months ago:

[Redro 4,600]

10 hours ago, Amarixe said:

 

 

Oh yes my mistake on the last thing you answered, I actually got a "Permanent Resident IR1 card" that expires 11/22/30

 

Thank you so much for your help I really appreciate it

 

 

Just to confirm. When you entered the U.S.A how long had you been married? Under 2 years or over 2 years? 

 

[Amarixe 2]

1 hour ago, Kor2USA said:

Just to confirm. When you entered the U.S.A how long had you been married? Under 2 years or over 2 years? 

 

We were married in 2018 but it took forever to get my visa

[Hanane حنان 18]

I know but it will not take you forever to go back to Canada.wish you the best.