zimmy64

You should check with a lawyer to fully understand your options. Since he's been in Canada since 1995, he could have probably become a Canadian citizen, which would have at least solved the problem of having permanent residency in two countries. Although, I'm not sure if his Canadian immigrant status has technically been abandoned when he got his greencard or not... ask a lawyer.

Here's a good link to maintain U.S. permanent residency on the web: http://www.americanlaw.com/maintlpr.html.

Interestingly, the law does not put a time limit as to how long you can stay outside the US and not lose your greencard, only your intention to come back to the US.

Good luck.

My husband has residency in Alberta/ landed immigrant from Austria in 1995.

He just got his green card here.

He needs to maintain residency in Alberta to keep his health coverage, then he wants to work down here in the winter's to stay warm. He is going to put me on a family health plan up there too, so I will start spending summers up there with him.

Anyone have two residency's?

Here in US and there in Canada?

thanks for any answers.

Moondancer

You all are so knowledgeable on this! I am just getting started, so any help will be appreciated

So here is my story... I think I am under "File an I-130 for a Spouse Inside the US" situation.

I just graduated from college back in May 2006. Currently I am lawfully staying in US with my OPT which expires on December 19th. I do not have a plan to go to my home country unless it is necessary to do so for my immigration process..

I am getting married real soon, and my fiance is a US citizen. I am starting an employment in US in September on my OPT, and I hope my new work permit under my new immigration status becomes valid before December 19th, which is the date my current work permit expires. To this issue to work out smoothly, what do I have to do by when? More importantly, does my situation suit for below filing??

So studying from the guide, I should follow the guildeline in "File an I-130 for a Spouse Inside the US" section, right? Can I file all of them (I-130, I-485, I-864, I-765 for work permit, I-131 for travel, etc) at the same time? When do I get my travel document so that I can go on a honeymoon?

So many questions!! I am really trying to do this without hiring an attorney.. But I am this close to get one because matter seems so complicated! But thanks in advance!!!

You should probably get married in the US before your current status expires, then apply for AOS (I-130 etc). You need to wait till advanced parole I-131 is granted before leaving the country (I think you can get an infopass for the I-131 after 90 days).

Alternatively, you should get married go on your honeymoon before your current status expires and then apply for AOS.

Good luck.

As far as the thunder bay certificate is concerned, this would take approximately 8-10 weeks and its too long. Since I-130 is already applied, I believe that I have to wait for the NOA1 or RFE, if they sent us. I don't know when I am going to be issued. I got a return receipt with the USCIS received stamp on 6th of July. I don't think that I can use that return receipt from USPS as an evidence of submitting I-130 petition with I-129F petition which I am planning to send now. What do you guyz say?

Maybe i wasn't too clear... we applied for the I-130 and then I-129 with ONLY the record of solemization only and at the same time requested the marriage certificate from Thunder bay. Then, 10 weeks later the marriage certificate arrived and we sent in a copy of the actual marriage certificate for both cases to the service center.

The NOA1 was issued in about 2 weeks for both the I-130 and I-129, and we did not get an RFE at all for the lack of marriage certificate. However, you will need to wait for the NOA1 from the I-130 to apply for the I-129F.

Anwyays, if you look at the timelines, you will see that it is typically taking significantly more than 10 weeks for either the I-130 or the I-129 to be approved by USCIS (more like 6 months). So sending in a copy of the actual certificate in 10 weeks is probably not going to delay your app. Makes sense?

Good Luck!

Hi Guyz,

Just need a little guidance. I got married very recently, which is the 23rd of June, 2006. In Ontario, you need a marriage licence to get married. You have to obtain the licence from the authorities in order to get married which ever way you want either in a church, temple or court. To get the certified marriage "certificate" we have to get the marriage registered which takes about 6-8 weeks in the state of Ontario. After that, an official marriage certificate can be issued. Also there is a part of the marriage licence which says the record of Solemnization of marriage between "" and "", also includes the name of the witnesses and the authorized person performing the marriage. Now the main question is:

I have submitted the I-130 application and going to submit the I-129F application with the copy of this solemnization as I cannot wait for it to get registered and then get the certificate issued and then get it done. It would take about 3 months just to get this process done meaning acquiring the marriage certificate. So I submitted this temporary unofficial marriage proof and wrote in the application that the marriage is in the process of registration and as soon as I am able to get the official one, I would send it. If you want to verify, on the copy of the solemnization or temporary marriage certificate there is a reference number through which it can easily be verified and this marriage is in the registration prcess. Have I done something wrong? Should I wait for the official one to come before proceeding? Anyone been through this before?

We sent in a copy of the solemnization certificate with the applications, I just wrote a note explaining that Ontario takes a long time to process the actual certificate and that we would send it in when we got it. When I did get the real certificate from thunder bay, I just sent a copy in with a cover letter. We never got an RFE, and as far as I can tell it didn't slow down the already slow processing.

Interestingly, from state.gov website:

http://travel.state.gov/visa/laws/telegram...grams_2927.html

3.

NVC was able to run a data base list of all petitions

meeting these criteria. We have notified those

posts that have received these cases and given them the

case numbers and further instructions. All cases on this

list, even those with firm appointments or in 221(g)

status, are to be delayed while the petition is returned

for further information. No cases in issued status will

be recalled. If posts have any question about the correct

priority date of the K1 case, they should use the priority

date (receipt date) written or stamped on the original

petition. DHS has not requested return of K3 or K4 I-129F

petitions.

At least they are not requesting return of K3's already processed!

As long as you keep your green card, you will be able to become a citizen (take a look at the N-400 form and material on the USCIS website, it spells out the requirements for citizenship). Prolonged trips (i.e. >6 months) outside the United States can be interpreted as abandonment of permenant residence and thus can result in loss of your greencard, this is typically determined by the inspection officer at the port of entry.

There is a re-entry permit that i think let's you stay out of the country 1-2 years continously.