donkeyattack

Hi Everyone.

I'm from the UK and recently got my greencard (issued March 2009) after marrying a super USC. She has recently been offered a 2 year position at a University in Canada starting in September 2009. I will be able to get a Canadian visa through our marriage.

I'm a conditional greencard holder. I know i need to file for an I-131 and that we'll need to be back in the US for an interview to get my conditional status removed 2 years from when it was issued (March 2011).

Our intention is to come back to the US. How do I prove it though? We'll file our taxes as residents. I'll keep using my credit cards and bank account where possible.

What else should I do?

Thanks in advance

adjudicator89

I think you will lose your Conditional green card if you stay otside the USA for 2 years. Correct me someone if I am wrong.

Ozzidoc

I agree.

Norri

After the effort to get the GC it seems a shame to throw it away for two years in the frozen North.
Can't you mstay in the US and visit Canada as often as work & finances allow.
If your wife will return to the US after the 2 year appointment it would be a shame if you had to remain in Canada.

Rete

File for a re-entry permit via form I-131. It allows you to be outside of the US for up to two years. Maintain active bank accounts within the US, etc. as proof that you have not intended to abandon your residency status. If you own a home, rent it out with a lease for two years. File the I-751 at the appropriate time for removal of conditions. Not everyone is given an interview to remove conditions.

Look for posts by "notacrime" who is doing the very same thing you are.

Good luck and enjoy Canada.

ian-mstm

You think incorrectly!

Ian

Ozzidoc

I thought incorrectly too!

fatbrit

Smacked bottoms all round.

Noorah101

Be aware that the re-entry permit will only serve you up until the date of your conditional green card. Even though the permit allows you to be outside the USA for up to two years, if you have less than two years left on your conditional green card, the re-entry permit does not override that.

You MUST apply to remove conditions at the appropriate time. You are allowed to file the I-751 from outside the USA, but you must be inside the USA soon after that to attend your biometrics appointment....and you dont' want to be stuck outside the USA with an expired conditional green card w/o the 1-year extension letter.

It can be done, but watch your dates very carefully, and plan accordingly!

Rene

jeffreyhy

m,

It depends. One can remain a PR while outside the USA for 2 years or longer if they maintain their primary residence that they do not intend to abandon in the USA.

Regards, JEff

Rete

Use a relative's or friend's address when filing the I-751 so that you can have them forward to you any correspondence from the USCIS. Be sure to tell them to inform the post office that you are having your mail delivered there so it is not returned as unknown.

Since you are going to be in Canada, it should not be too much of a hardship to cross the border to attend the biometric appointment and to reapply for another I-131 if you need it. You can also check into getting a returning residency permit from the US Consulate in Canada.

donkeyattack

Hi Again.

I'm a conditional LPR with a re-entry permit and i'm about to leave for Canada with my USC wife.

I have a final question about citizenship. I have to be in the US for 3 years continuously before I can apply.

I've been in the US on a L1-A for 4 years which don't count because its a non immigrant visa.

I've had my GC for 4 months. Is there anyway to keep these months to count towards my 3 years required for citizenship?

Thanks in advance

Craig

Norri

They will count.

You need to read the M-476 guide http://www.uscis.gov/files/article/M-476.pdf to understand the physical presence & residency conditions.

ian-mstm

Norri has the right link for you. How do you plan to overcome the "physical presence" and "continuous residency" requirements if you are living in Canada? It is not sufficient to be married to a USC for 3 years... there's more to it.

You should note also, that even though you have a GC, if you move to Canada you set yourself up for a strong argument that you have effectively abandoned your PR status in the US... and you don't get to make that call, the US government does.

Ian

meauxna

OP has a re-entry permit.