Can Husband Retain US Residency/Green Card After Moving Back to Canada?

[Staunts2015]

Hi everyone,

My husband is a Canadian citizen and I am a US citizen. We got married in June 2015 and went through the process to get him US Permanent Residency. He got his Green Card in February 2016 and we've been in the US since. Recently, we decided we wanted to move to Canada, so that we can be near friends and family, and start settling down (buy a house and have kids). We expect to move around Summer/Fall of 2017, so now I'm wondering what happens to his Green Card status. Is there something we should/could do to keep his PR? We aren't sure when/if we'll ever move back to the US, but I don't think it will be in the next few years. We have family in the US that will let us use their address, and we plan on filing US joint tax returns.

If the only option is to abandon his PR, how likely is it that he'll be approved for PR if we apply later down the line? If we have kids, which will be dual citizens, would that help his case?

If all else fails and he loses his PR, will it become difficult for him to visit the US? I have family here and of course I'd love to come back with my husband for visits. I'd assume everything would be ok, since he's a Canadian citizen, but I want to be sure.

Thanks for the help, in advance!

 

[jeffporfirio1]

There is no set determined amount of time required for US "green card" holders, any "extended period" outside the US may result in abandoning your permanent residency. The 6 month absence is a fallacy, any extended amount of time may be considered enough for you to lose your "green card", more so if you don't live in the US.
from USCIS page
"
Abandoning Permanent Resident Status
Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence
"
https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence



Your taxes will be a nightmare.
https://www.uscis.gov/green-card/after-green-card-granted/rights-and-responsibilities-permanent-resident/rights-and-responsibilities-green-card-holder-permanent-resident

 

[Staunts2015]

There is no set determined amount of time required for US "green card" holders, any "extended period" outside the US may result in abandoning your permanent residency. The 6 month absence is a fallacy, any extended amount of time may be considered enough for you to lose your "green card", more so if you don't live in the US.
from USCIS page
"
Abandoning Permanent Resident Status
Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence
"
https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence



Your taxes will be a nightmare.
https://www.uscis.gov/green-card/after-green-card-granted/rights-and-responsibilities-permanent-resident/rights-and-responsibilities-green-card-holder-permanent-resident

Based on that first link, it seems like he will have to abandon his permanent resident status. We could apply for the re-entry permit, but I've read that it usually lasts a year or two, and I can't say definitively that we'll be back in the US before 2 years. So in that case, what do we do? Just wait until his Green Card is taken? Do we need to actively do something about it?

So this brings me to my other question: will it be near impossible for him to ever move back to the US? I just don't like losing the option to ever move back to America. And will he still be able to visit the US, like most other Canadian citizens, or will border agents give us a hard time?

 

[jeffporfirio1]

Based on that first link, it seems like he will have to abandon his permanent resident status. We could apply for the re-entry permit, but I've read that it usually lasts a year or two, and I can't say definitively that we'll be back in the US before 2 years. So in that case, what do we do? Just wait until his Green Card is taken? Do we need to actively do something about it?

So this brings me to my other question: will it be near impossible for him to ever move back to the US? I just don't like losing the option to ever move back to America. And will he still be able to visit the US, like most other Canadian citizens, or will border agents give us a hard time?

He can always apply for a US TRV at the local US consulate. Not difficult at all, especially if done at the same time he is surrendering his Green Card.
Best to avoid problems and surrender his "green card" if he does not plan on living in the US.
Plus as per my previous post, his taxes will be a nightmare with US and Canadian PR.
Once he gets his Canadian citizenship, the US TRV is no longer needed.

 

[Staunts2015]

He can always apply for a US TRV at the local US consulate. Not difficult at all, especially if done at the same time he is surrendering his Green Card.
Best to avoid problems and surrender his "green card" if he does not plan on living in the US.
Plus as per my previous post, his taxes will be a nightmare with US and Canadian PR.
Once he gets his Canadian citizenship, the US TRV is no longer needed.

What's a TRV? Also, he IS a Canadian citizen, as I've stated in the initial post. We've been filing joint taxes for 2 years now, with him as a Canadian citizen and US Permanent Resident, and it hasn't been a problem at all. Besides, me being a US citizen, I HAVE to file my US taxes, regardless of where I reside, so filing jointly isn't much more additional work.

 

[jeffporfirio1]

What's a TRV? Also, he IS a Canadian citizen, as I've stated in the initial post. We've been filing joint taxes for 2 years now, with him as a Canadian citizen and US Permanent Resident, and it hasn't been a problem at all. Besides, me being a US citizen, I HAVE to file my US taxes, regardless of where I reside, so filing jointly isn't much more additional work.

My bad, if he is a Canadian Citizen and has no intention of living in the US he should just surrender his green card. Problem solved.

 

[Staunts2015]

Does he have conditional green card?

I'm not sure, how would I find that out? If it helps to answer your question, we were married for 8 months by the time we got his Green Card. Now, we've been married almost 2 years. I'm not sure if that's what a conditional green card is based on.

 

[Staunts2015]

My bad, if he is a Canadian Citizen and has no intention of living in the US he should just surrender his green card. Problem solved.

Right, but what happens after that? Can he re-apply for PR later on, for example, 10 years from now? And will there be any trouble crossing the border into the US as a visitor?

 

[Staunts2015]

Check his green card, if it expires in 2 years from the date he got it, then he has conditional PR. It's gonna be a lot harder for you to retain the Green Card if he has conditional GC and you have to move to Canada before he can even apply for the conditions to be removed.

Yes, it expires in February 2018, 2 years after he got it. When can he apply for the conditions to be removed? And does that mean it'll be unlikely for him to gain PR status again, in the future.

 

[jeffporfirio1]

Right, but what happens after that? Can he re-apply for PR later on, for example, 10 years from now? And will there be any trouble crossing the border into the US as a visitor?

Only if he intends to live in the US. Laws may change.
Regardless, if he is not planning on living in the states in the foreseeable future, he should surrender his green card to avoid future problems and to avoid the tax implications.