British Expats

British Expats (https://britishexpats.com/forum/)
-   Marriage Based Visas (https://britishexpats.com/forum/marriage-based-visas-35/)
-   -   Just when it was all looking so simple...! (https://britishexpats.com/forum/marriage-based-visas-35/just-when-all-looking-so-simple-255075/)

mvjenno Sep 16th 2004 7:56 am

Just when it was all looking so simple...!
 
Here's the story:
Me UKC - wife USC
~ London Interview for IR-1 scheduled for next week.
~ Prospective employer is in Cincy - not secured an offer yet though.
~ Current UK employer just offered me an opportunity in Canada (2 year assignment).
~ Objective is still to get to US at some point but don't want to give up opportunity to get Green Card & SSN after all this time.

The questions:
~ Assuming I get the IR-1 next week and the US job opportunity falls through, and I then take up the position in Canada, can I still get my Green Card & SSN if I come through a US POE?
~ What's the impact of not residing in the US for a couple of years so soon after arriving?
~ Is it possible to also have a work visa for Canada at the same time and would that have to be based on being a US Resident Alien or as UKC?

Any advice appreciated. Many Thanks.

Just Jenney Sep 16th 2004 10:35 am

Re: Just when it was all looking so simple...!
 

Originally Posted by mvjenno
Here's the story:
Me UKC - wife USC
~ London Interview for IR-1 scheduled for next week.
~ Prospective employer is in Cincy - not secured an offer yet though.
~ Current UK employer just offered me an opportunity in Canada (2 year assignment).
~ Objective is still to get to US at some point but don't want to give up opportunity to get Green Card & SSN after all this time.

The questions:
~ Assuming I get the IR-1 next week and the US job opportunity falls through, and I then take up the position in Canada, can I still get my Green Card & SSN if I come through a US POE?
~ What's the impact of not residing in the US for a couple of years so soon after arriving?
~ Is it possible to also have a work visa for Canada at the same time and would that have to be based on being a US Resident Alien or as UKC?

Any advice appreciated. Many Thanks.

What your suggesting to do -- that is, enter the US on an IR-1 visa, obtain US permanent residency, then immediately move to another country and take up residence there for 2 years -- puts you at risk for losing your permanent resident status altogether. Doesn't sound like a good plan to me.

Please read this section of the USCIS website about this issue:

http://uscis.gov/graphics/howdoi/permres.htm#maintain

Pay particular attention to the part that says, "... in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year."

Taking a job outside the US would make it pretty easy for them to conclude you've abandoned your US residency. Cincinnati isn't exactly a quick commute across the border to Canada, after all...

~ Jenney


All times are GMT -12. The time now is 10:11 pm.

Powered by vBulletin: ©2000 - 2026, Jelsoft Enterprises Ltd.
Copyright © 2026 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.