epmarshall

The US is not going to know, or care about Canadian requirements. And anyway they are not there to give you legal guidance.

I assume it is sort of similar the other way around, probably Canada is more user friendly.

It is reasonable easy to talk about where you are clearly residing or not residing in a country, they grey area in the middle is open for debate, you then add another Country requirement and you significantly increase the area for confusion.

Abandonment is a specialist area, most US Lawyers will only have a basic understanding.

The safe bet from a US perspective is to naturalise, if you want to push it otherwise, at your own risk.

Yeah, it seems that you have to just choose one for the most part from what I have been reading. There's only one situation in which it might work and that is if the person is married to a Canadian citizen (which I will be). Here's how someone over on Canadavisa explained it.

"One tip: If you are married a Canadian you retain your Canadian PR no matter where you live, as long as you live with them… this includes the United States. Do note, however, that this time does not count towards citizenship."

And here is what CIC's site says about that situation.

You may also count days outside of Canada as days for which you satisfy the residency obligation in the following circumstances:

Situation 1. Accompanying a Canadian citizen outside Canada

You may count each day that you accompanied a Canadian citizen outside Canada provided that the person you accompanied is your spouse, common-law partner or parent (if you are a child under 19 years of age).

Evidence required

You must provide supporting documents to prove that:

• The person you are accompanying is a Canadian citizen; and
• You are the spouse, common-law partner or child of that person.

Every US Government entity seems have its own definition of Resident.

And I am reasonable certain that Canada is different to the US.

So certainly in theory it would be possible to have both, I accept that for most people the answer is one or the other with some sort of limited time cross over.

Any idea on who would know this information for sure, Boiler? I would contact immigration, but I know the CIC call center is often wrong. And lawyers make their fair share of mistakes unless you get a really good one. I'm just not sure who to contact to find this info.

It makes me wonder about people who have multiple homes in several different countries. I guess those are just vacation homes for most of the people who do that, though.

As long as you enter after your 2nd anniversary you're fine. It's the date of entry after receiving the visa, not filing that matters.

And I believe so for the 2 yr Canadian rule.

Glad I could help. I've been home sick so I've had more VJ time than normal. Stupid tonsil.

Ah, okay. So just by the time we actually enter the US.

Sorry that you're sick, but it sure helped me that you were online. Thanks again and feel better, NLR!

Wow, thank you NLR. Those are some great suggestions. That definitely makes our plan a lot more solid.

Oh, okay. So just to make sure I have this right. For the 10 year Green Card rule you mentioned, do we need to have been married for 2 years before we start the entire process or is it okay to start a little before that as long as we reach the 2 year mark before the interview?

Also, I have heard of the 2 year conditional PR rule for Canadian PRs, but that shouldn't be an issue for us as long as we live together, right? If we get married now and receive Canadian PR in about 6 months. And we'll be up here a while still. And assuming we do US Green Card after at some point, then we'll certainly have met the 2 year rule by the time CR1 processes.

Thanks so much again, you've been a great help!

A) nope you can totally stay in Canada during the whole time

B) before the interview I suggest you as the petitioner move back to the USA, get a place to live and reestablish your domicile. This would eliminate your issues with domicile and make sure the visa is granted soon after interview.

D) they are but you'd be a Canadian PR based on being married to a Canadian citizen residing in Canada. For a Canadian citizen we become a non-resident when we take up US residence (like the minute our visa is stamped) You woild want to discuss such implications with a Canadian based immigration lawyer and/or Canada immigration.

We also noted it was a lot easier for immigration for both directions if we were married.

That's a good suggestion, thanks. So would that take off the extra potential year of Montreal wait time as well? Also, how many months ahead of the interview would I need to move back do you think? I'm just wondering if immigration will look at things weirdly if I only move back a month in advance or something.

Thanks, NLR! You've been very helpful.

Hi neoblast. Would you mind explaining what you meant when you said that I would eventually run into issues staying 6-6 months? How is that a problem if I have legal residency in both countries? Do you mean for taxes or is there something else I am missing? To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period. My answer only applied to US resident. From reading this I think you should be fine.

Also, I would still be spending the majority of my time in Canada because my then husband would be living there still. So I would only be taking trips to visit family with him until the Green Card went through.

Yeah, thanks for pointing out the US based income thing. I'm not sure they will accept global income, which is what the shop would probably consist of. Though, most purchasers would be from the US most likely if that helps. I guess I would have to get legal advice on that one.

Thanks for your input!

Neoblast, I looked it up and see what you mean now. However, it does say this as well:

"Time spent outside Canada may also count towards the two years if you are:

• travelling with your spouse or partner who is a Canadian citizen"

I'm not sure this would work for this situation, but I thought I'd point it out. I guess it doesn't count as traveling if you are living with your spouse in the US for some of the year, does it? Any thoughts there?

Thanks!

Hi neoblast. Would you mind explaining what you meant when you said that I would eventually run into issues staying 6-6 months? How is that a problem if I have legal residency in both countries? Do you mean for taxes or is there something else I am missing?

Also, I would still be spending the majority of my time in Canada because my then husband would be living there still. So I would only be taking trips to visit family with him until the Green Card went through.

Yeah, thanks for pointing out the US based income thing. I'm not sure they will accept global income, which is what the shop would probably consist of. Though, most purchasers would be from the US most likely if that helps. I guess I would have to get legal advice on that one.

Thanks for your input!

A) you dont need to be in the USA to file for the CR1/IR1. There will be the issue of the affidavit of support and domicile to overcome though

B) Domicile is a sticky issue for Montréal. People have found themselves in AP and waited extra months to almost a year while Montréal goes over submitted documents. They are not fast.

C) Remember to file your US taxes. If you make over the poverty guidelines and the income will continue you can use it. But if you arent then you will need a joint sponsor. Joint sponsorship has no impact on your need to reestablish domicile.

D) Not as far as I know. The green card requires that you maintain permanent residence in the US. The PR card would presumably require you to maintain residence in Canada.

E) Nope. You aren't an applicant, you would be a petitioner.

Hi all,

Apologies in advance if this is the wrong section of the forum to post this question. I am a US citizen while my boyfriend is a Canadian citizen. Right now, I am living with him in Canada and we are planning to apply for Canadian PR for me. I won't go into too much detail since this isn't a Canadian immigration forum, but the gist of it is that if we get married, it will make PR easier and faster for us and I will be able to work by the end of the year.

But here is the problem. We might want to move to the US at some point in the future and if we get married now we won't be able to use the K-1 visa later down the line. We will have to do CR-1 which means more time apart than if we did K1. So I tried to come up with a solution to this and want to run this by you guys to see if it's viable.

So let's say we get married and receive Canadian PR. If we decide we want to move to the US at some point after that, I will go back to the US for a visit and submit the CR-1 application (since I have to be in the US to submit the app, I believe). Then, I go back to Canada to live with my then husband until things are ready to go. I shouldn't have any trouble at the border since I'll be a legal PR and can live in Canada. So is it okay to just stay with him there and move to the US once the CR1 is complete? I don't want to jeopardize any future US plans and have to spend a year apart if we do ever want to move to the US, so I'm trying to research things now.

Here are my potential issues regarding this plan.

-Do I have to be in the US the entire time the CR-1 app processes? Or would this plan allow me to stay with my partner for the entire processing time as I planned above?

-I know I will have to prove domicile if I am outside the US. I have been referred to a sticky regarding this before in another topic I made, so I know there's info out there for me. But I just wonder if this is a standard thing or if this is going to be one of those red flags that is really hard to do?

-If I have an online store that I use for my income (I don't at the moment since I can't work in Canada yet, but I am planning on it), will that suffice for income as long as I meet the poverty guidelines? And if I can't meet the guidelines, can I still use a co-sponsor for a CR-1 application in which I have to prove domicile? Just want to make sure domicile doesn't impact that at all.

-Is it possible to maintain both Canadian PR and a Green Card? From what I understand, I can live outside Canada and still maintain my residency requirements as long as I'm with my Canadian spouse (which I will be). And if you have a Green Card, you need to be in the US at least 6 months every year, right? So if we had both of these, we'd need to live in the US for most of the time anyway (not a problem if we eventually change our minds and want the GC). I'm just wondering if what I'm saying is actually doable here.

-Will US immigration have a problem with an applicant who already has Canadian PR?

Thanks so much for reading, everyone. I would appreciate any advice and have already learned so much from all the helpful people on this forum!

Thanks for explaining, JFH. Your example makes sense.

But I still don't get how it applies to bloggers or someone with an online shop. They are working, their work doesn't require US presence. However, a person can start a blog from anywhere in the world , so a US citizen could technically do the job (unless the law accounts for the fact that a specific person created that blog that wouldn't otherwise be there, so in that sense they aren't taking work from anyone else they are just creating personal opportunity). I suppose those bloggers aren't US residents, but they could end up staying for months in the US just as a tourist, so that could potentially be seen as residing.

Also, think of a blog that uses affiliate links throughout its posts. Say this blog has been running 3 or 4 years. There's no telling how many links are embedded in old posts and there is usually no way to pause an affiliate link. It would have to be removed, which would take forever to do. It's pretty unreasonable to imagine that governments would expect this of someone. So someone in this position wouldn't even be able to legally visit their spouse during the K1 processing unless they just closed the blog down or went through the hassle of neutering the blog and removing all the links as I mentioned above?

I feel like governments are behind regarding what's possible with Internet income. Unless I am missing something and there's a trade agreement I'm not aware of somewhere.

So if the OP pauses his online earnings and IT work for a few months until he gets EAD/Green Card and then resumes after that, then it's perfectly legal? I don't mean to sound like a broken record, just trying to make sure I am understanding this correctly. Would he have to show proof that he hadn't worked during that period?

Does the same hold true for visits to the US during the K1 waiting process? Would his income need to be paused during visits as well? JFH mentioned something about holiday being okay. And I'm not sure how they think they can regulate this for people who don't plan on immigrating to the US. Does that mean bloggers who make an income worldwide and travel the world all the time are violating laws right and left?

I don't know if you are considering the Canada PR route, but I just wanted to say that Outland Canadian PR apps aren't taking 2 or 3 years. The processing time on the site is off due to the fact that even worst case scenarios are included. I don't know the exact explanation, but I have seen this info over and over on the Canada visa forum.

If the two of you have no red flags that would slow the app down (such as age differences, criminal record, etc) then the entire PR process for Canada will take around 6-8 months since you're a US/Canada couple. You could visit her during the processing as well, provided you bring proof of ties to the US. But I know CBSA is more lenient on people when they bring the receipt of the PR fees paid, so crossing with that would be fine.

This is what my boyfriend and I were planning on doing. But now we aren't sure whether to stick with Canada or do the Green Card route. Anyway, sorry to clog your topic up with non-US immigration info, but I just wanted to let you know of other options. And others in the topic were asking if you'd looked into it, so I thought I'd chime in with what I have learned.

If you do the K-1 you need to bear in mind that your fiancé will not be able to work for some months (at least 3 but possibly up to 6 depending on how quickly you get married after he arrives). You mention that you don't earn enough to sponsor him. I understand he has savings of tens of thousands. If you did the K-1 you will need those to live on because he will be out of work for some time and your income will probably not be enough for all the expenses plus the visa costs. All told, it's around $1500 for the K-1 process including the Adjustment to permanent resident.

CR-1 means he will be able to work right away, the process is cheaper but takes longer.

In our situation, money made the decision for us. We cannot afford for me to be out of work that long. So it's CR-1 for us.

Thanks for sharing and for the information, JFH.

Yes, I only have a small online income at the moment since I am currently in Canada and can't work. However, when I go back to the US so that I can send the visa in, I am going to look for a job so that by the time he arrives I'll have an income to support us. My family has also offered to let us live at their home until we can get through this process and get settled. So we'll be paying them a smaller rent to start with.

Also, we were thinking of doing the marriage asap once he's got the visa so that we can speed things along and get permission for him to work quicker.

Domicile is not only for consular filing. A US domicile has nothing to do with where the paperwork is filed.

A US domicile means a US resident. You stated that you are currently in Canada. While it seems obvious that you will have one when you move back when your fiance gets a visa, that's not what the law requires. The law requires you to demonstrate at the time your fiance interviews for a visa that you have established a US domicile (actually having already moved back) or provide evidence that you intend to establish one when your fiance enters the US. You need paper evidence; read the Guides and search function since this is discussed often. Domicile is for the Affidavit of Support. It applies to the sponsor for every immigrant.

Oh, okay so everyone has to prove US domicile regardless of which process they go through. Thanks for explaining, Aaron. I will read more on it.

For foreign assets it is usually 5x the poverty guidelines. Read through the sticky. It'll help

Thanks, transborderwife. I read through the affidavit of support tips section and have a few more questions if you don't mind.

I understand the 5x rule now, but can we still use his assets to add to the amount available or are they just unusable altogether if you don't have 5x the poverty guidelines. Hopefully I didn't botch that question too much.

-Another question. I noticed that it said the foreign fiance's income cannot be counted on the affidavit, but that the assets are usable if they are readily convertible into cash. But what exactly does readily convertible into cash mean? It might seem obvious, but I'm confused as to what counts for that. Right now he has the money in a special account where he can't take any out, but it accrues extra interest because of that. However, in July that special account ends and he can change it back to his old account so that he can take money out of it at anytime. If he puts it back into a normal account, is that considered readily convertible to cash?

Thanks again for your help. I appreciate it.

You will need a cosponsor who meets financial guidelines. Also to restablish domicile in the USA. Montreal consulTe is very particular

Hi Transborderwife and thanks for responding! I'm not sure what you mean by reestablishing domicile in the US if I'm moving back there. NLR directed me to the domicile sticky, so I can read up on that, but I'm missing something as I don't understand why I will need to prove it if I'll be in the US when I submit the app anyway. I thought domicile was only for consular filing, which Canada isn't doing right now.

Also I guess that means his savings account doesn't suffice as an asset? How much would he need if you know an estimate offhand?

Thanks again and I hope I'm not asking too much.

Hi everyone,

I am a US citizen currently living in Canada with my Canadian citizen boyfriend. We were going to apply for Canadian PR, but for several reasons we recently decided to go the Green Card route. I want to make sure I understand everything regarding our plan before I leave Canada. I have stayed for 5 months in Canada and it's always hard at the border. Extending my stay online is easier and I can do it from within Canada and get Canadian PR that way, so I don't want to leave the country and have issues come up with the green card process.

-My first concern is finding out if we are eligible. I do not have the income to sponsor him, I know that much. However, he has a savings account of about $50k Canadian. And even though the Canadian dollar is bad right now, that still amounts to a decent savings fund (maybe $35k?). Is this enough money to go through with the process? If not, then will we need an affidavit of support?

-I would greatly appreciate it if someone could review our plan and tell me if I'm getting this right. I've read and tried to understand the guides, but I think I'm at the point where I need another person to check my info.

From what I understand, we have 2 options, the K1 or the CR1. If we do the CR1, we'll need to get married and it will take around a year. If we do the K-1, we get married after the visa is issued and it takes about 6 months of us being apart to get the visa. (Please let me know if those times are accurate)

We are leaning towards the K1 visa because it means less time apart. Then, after the K1 is issued, my boyfriend can come to the US and we have to get married within 90 days. After the marriage, he stays here and applies for AOS. Then, he receives the green card later on.

Please excuse any ignorance on the matter, this is all pretty confusing and I'm sure everyone can relate to the stress involved.

Any help is much appreciated. Thanks so much, everyone!

P.S.

Your fiance or spouse can't stay with you in the US. They will be in Canada during the process until they have their visa in-hand.

Oh, okay. That is unfortunate. The Canadian process allows us to visit and stay together until a decision is made. Back to the subject at hand, though.

We were planning on visiting my parents soon. We aren't sure still what we are doing yet, but you're saying that if we decided to apply for K-1 or CR-1 while down there, then he would have to leave in order for us to submit it? I thought Canadians could visit the US for at least 6 months.

Also, I understand now that I have to be in the US to submit it. But does that mean any travel would void the application? Basically do I have to be in the US the entire time it is processing or can I just be there long enough to submit the app? I'm guessing I need to be there the entire time.

Thanks, everyone. This board is a great help to us. Again, feel free to let me know if I'm clogging up the Consular board and I'll move my questions to a more appropriate board. I appreciate it!

As

As Boiler pointed out, you started off married. You said that you and your spouse are in Canada but now it turns out you are not married. Just some friendly advice if you're going to come here for support and guidance... be very careful about your details. There is a lot of knowledge here and we have a lot to share but you need to be clear in your communications.

You will need to choose what you want to do. K1 is for a fiance, CR1 is for spouse. There are pros and cons to each. Don't bother looking at the K3 as it is considered obsolete and you'll wind up wasting time monkeying around with that.

There is only one option. i know Canada is strict n having a US Domicile, good to read up on that.

Which option is that? I see K-1, K-3, and IR1/Cr1 in a guide I'm reading. Sorry to be dense. We were planning on me getting Canadian PR but some things changed and we are thinking the US might be a better option now. So I know more about the Canadian info and am just getting into the US reading.

Thanks, boiler! And I will read up on the domicile as well. Knowing they are strict makes me think applying in the US would be better, though.

If you are already married then you will be petitioning for your spouse. If you are living in Canada then you will also have the burden of proving domicile in the U.S. There are guides to follow up top

Thanks for answering, Ms Hogan! I will check out those guides.

We are not married yet, but we could be soon. We just aren't sure whether it's better to do it here in Canada or use a visa to go to the US and marry (I believe that is the k-1?).

Is it hard to prove domicile in the US? We'd be living with my parents and paying them rent during the process while finding a place of our own and finding jobs, etc. We could get them to write us a letter explaining the situation and we could sign a lease agreement, but I'm not sure if this level of proof is enough. So if moving first makes it easier, we could do that. He has a job here, though, so we were hoping to wait it out in Canada for a bit. Do you have an opinion on this?

Thanks again!

No

Hi, transborderwife. Thanks for your fast response!

Well that sucks. Seems strange that Canada doesn't offer it, since Canada and the US have such good relations. But oh well. I guess I'll had back to the "what visa do I need" forum.

You're from Canada, so I assume you must have already called and asked the consulate about filing. Just curious, which visa or method are you using?

Thanks again!

Hi all,

I am a US citizen living with my Canadian spouse in Canada. We are considering filing for a US green card for him and are aware that consular processing is faster so if this option is available we'd like to take it. Does Canada participate in this? I can't seem to find the information, so if someone could point me in the right direction, I'd be very grateful.

Any help is much appreciated. Thanks!