Flower123225

I have married a US Citizen last year. During that time while in the US I have received my travel papers to travel back and forth to Canada. Also my employment papers. In Dec. 2004 I became extremely ill which last until end of March 2005. During my illness I've decided to visit my family inCanada on different occasions. On the last occasion, I am looking into staying here until my gilrs will be done school 3-5 years, in the meantime looking into doing once again the long distance relationship til then. I have the chance next month to receive my green card in the US but at the same time not interested in getting it right now until in the next 3-5 years. Can my husband and I still do the long distance relationship by visiting each other until we are ready to reapply for citizenship (my self in the US). I have no intention of moving permanently to the US until 3-5 years. He had no intention to moving to Canada.

Noorah101

What's your current immigration status in the USA? You don't make that very clear. You have the "chance" to get your green card next month...meaning your AOS interview is next month?

If you're not interested in residing permanently in the USA for another 3 - 5 years, it doesn't make sense to continue on with your immigration process...your status will be considered abandoned if you stay away too long. You can live apart and re-start the immigration process when you're ready to live in the USA permanently.

Best Wishes,
Rene

Noorah101

Just to clarify....if you abandon your current status, and re-apply in 3 - 5 years, you won't be applying for your US Citizenship, you'll be re-starting the immigration process, because you will have lost your status as (pending) Permanent Resident. You have to become a PR before you can become a Citizen.

Rene

Flower123225

I'm sorry for not making myself clear. I am still slowly recovering from my illness. I am not a PR and yes my AOS interview is next month. Unfortunately when I moved to the US I became very ill and because I did not have any family there in the exception of my husband, I decided to visit my family in Canada. I've only been here for a week a half to date, the last time was late Dec. for aprox. same amount of time. I know it takes long for any immigration papers to go through - I am willing though to try again at a later time. I was mostly concern about visitating my husband and him doing the same until I (we) re-apply. I just hope that will not be a problem. Thank you for your help.

Rete

You made yourself clear the first time. If you abandon your petition for permanent resident you can reapply at another time. The issue of the visitation, however, might be an issue because you are in the CIS database as a potential immigration and you have a USC husband. You will have to be sure to bring concrete proof when traveling that you are not going to be staying in the US. While there is always a chance they will turn you around, that is a risk you will take if you abandon your AOS petition now. If you do go for the PR interview and are granted residency, you can always return to Canada after applying for an I-131 re-entry permit which would allow you to remain outside of the US. You will have to give a reason, I believe, as to why you are away and at some point show that you have not abandoned your residency in the US. That would be your husband, your US mailing address, a bank account, frequent visits, etc.

Noorah101

Just wanted to also say that I wish you a healthy recovery. If you can make your AOS interview next month, you'll be much better off in the long run.

Best Wishes,
Rene

Just Jenney

Just thought I'd jump in -- since the OP mentioned gaining US citizenship -- that to be eligible for US citizenship based on marriage to a USC, one must have a certain amount of continuous residence in the US, as well as a certain amount of physical presence in the US. From the USCIS Guide to Naturalization (PDF):


1. Continuous Residence means that you have not left the United States for a long period of time. If you leave the United States for too long, you may interrupt your continuous residence.

Continuous Residence requirement for naturalization based on marriage to USC -- 3 years as Permanent Resident without leaving the United States for trips longer than 6 months

2. Physical Presence means that you have actually been in the United States for a certain number of months to be eligible for naturalization.

Physical Presence requirement for naturalization based on marriage to USC -- 18 months


So, if the OP is ultimately looking to naturalize, based on her current plans that looks to be a long, l-o-n-g time off.

~ Jenney

Rete

I believe the OP is more interested in either obtaining and retaining her residency if granted at the moment then in US Citizenship.

Just Jenney

That may be, but I was basing my response on this comment she made:

I took that to mean that she wants to live as a US permanent resident in Canada for 3-5 years, then move to the US and apply for US citizenship. However, even if she manages not to lose her PR status, she may not meet the US citizenship requirements for continuous residence and/or physical presence when she finally moves to the US permanently in 3-5 years. She will have been out of the US for too long, and the clock will have to start over for her before she can qualify for citizenship.

The guide that I provided a link to earlier provides more detail about this.

~ Jenney

inquisitive40

I think the new laws for travel between Canada and the US may keep more tabs on Canadians in the US and so prevent the OP from maintaining her green card if she resides in Canada. Previous to the new passport requirements I would think it would have been possible to pass back and forth and maitain her PR status without the USCIS knowing she was living in Canada.

Patrick

Rete

We can apply for a re-entry permit and if based on a good reason why she is out of the country for over a year at a time, i.e. medical care in Canada which is free for her as a Canadian citizen and she doesn't severe her ties as a resident in the US, i.e. maintains a residential address with her husband, bank accounts, etc. then she can prove that she had not abandoned her US residency. Will this wash for 3 to 5 years. Doubt it. However, don't understand why her children have to be educated in Canada as opposed to the US unless they are in Quebec and are in French language schools as opposed to English language schools.

Flower123225

Sorry to have taken long to answer, I only have access to a computer sometimes.

I appreciate all of your comments. I am not interested in obtaining my US Citizenship until another 3-5 years. Of course, if I do not have to go through the long process of re-applying again that would be nice but unfortunately it looks like I will have to re-apply and prove the border that I am only visiting my husband and not interested in living in the US until 3-5 years. Also, a big YES, both of my children are in Frendh Language schools since birth and are doing extremely well, also when I became sick in the US and because I was unable to apply for Health Care for not being a resident a year and over, it cost my husband and I $15,000US (this is not an exageration - it's true), more or less in medical expenses for my illness. I may also have to call direct Immigration to see what best action to take based on my situation. Again, thank you for your help.

scrubbedexpat099

That would be pointless, see a lawyer if you want to discuss options.