Go Back  British Expats > Living & Moving Abroad > USA > Marriage Based Visas
Reload this Page >

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

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

Thread Tools
 
Old Sep 16th 2004, 7:56 pm
  #1  
~ Mr & Mrs ~
Thread Starter
 
mvjenno's Avatar
 
Joined: Jun 2004
Location: SW Atlanta
Posts: 125
mvjenno has a brilliant futuremvjenno has a brilliant futuremvjenno has a brilliant futuremvjenno has a brilliant futuremvjenno has a brilliant futuremvjenno has a brilliant futuremvjenno has a brilliant future
Default 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.
mvjenno is offline  
Old Sep 16th 2004, 10:35 pm
  #2  
I'm back!
 
Just Jenney's Avatar
 
Joined: Jul 2002
Location: Richmond, VA, USA
Posts: 4,316
Just Jenney has a reputation beyond reputeJust Jenney has a reputation beyond reputeJust Jenney has a reputation beyond reputeJust Jenney has a reputation beyond reputeJust Jenney has a reputation beyond reputeJust Jenney has a reputation beyond reputeJust Jenney has a reputation beyond reputeJust Jenney has a reputation beyond reputeJust Jenney has a reputation beyond reputeJust Jenney has a reputation beyond reputeJust Jenney has a reputation beyond repute
Default 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
Just Jenney is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.