US Green Card

[kitty4678]

I am a Canadian Citizen with a Valid US Green Card. I am married to an American and have sponsored him to return to Canada to live with me. My question is how long is my US Green Card valid if I continue to live in Canada? Currently it has an expiration date of 2021 but I think that changes since I have recently moved back to Canada. Thanks!

 

[mameelynn]

it is valid for a year but if you want to keep it longer than that you will have to reside in the US for 6 months of every year. At least that is what my mom has been told about her ability keep her green card.

 

[margobear96]

I don't think the expiration date changes. In general, US green card holders are expected to live in the US. Rule of thumb is that you shouldn't be out of the country for longer than 365 days at a time. (I think this is where previous poster's 1 year validity comes in.) But even then, it's no guarantee that immigration officers will let you back in. You can get a re-entry permit (good for two years) if you need to be out of the US for over 1 year. Personally, I worked abroad for a US company for over 2 years and came back to the US every couple of months for visits. I didn't have issues getting re-admitted. (I did always have a copy of a letter from my company stating that I was expected to transfer back, just in case, and I was abroad in a third country, not my passport country.)

http://www.klaskolaw.com/articles.php?action=view&id=51

As a Canadian citizen you can travel to the US on your Canadian passport, you don't need to show them your green card. If you need to move back within the validity period, it's probably not a problem. That said, you should look into what the requirements are to renew the green card (see if there are any physical presence requirements). Also, obviously living in Canada means you won't fulfill the physical and continuous presence requirements for naturalization.

 

[mameelynn]

my mother and step-father have moved up to Canada from the US and a few of the times my mom has come back to the US the border officer has questioned as to why she would move from the US and why she hasn't just turned in her green card even after my mom informed them that she knows she has a year to decide to move back or stay in Canada.

 

[kitty4678]

Thank you so much to everyone for your prompt answers. I do appreciate it!

 

[parker24]

I am a Canadian Citizen with a Valid US Green Card. I am married to an American and have sponsored him to return to Canada to live with me. My question is how long is my US Green Card valid if I continue to live in Canada? Currently it has an expiration date of 2021 but I think that changes since I have recently moved back to Canada. Thanks!

If you're a Canadian citizen, you can easily visit the USA. You get 6 months just like Americans get when they visit Canada.

 

[Mksqgq]

I am a Canadian Citizen with a Valid US Green Card. I am married to an American and have sponsored him to return to Canada to live with me. My question is how long is my US Green Card valid if I continue to live in Canada? Currently it has an expiration date of 2021 but I think that changes since I have recently moved back to Canada. Thanks!

I'm in the same situation.. Lol
If I apply for us citizenship will I be able to have dual citizenship?.

 

[parker24]

I'm in the same situation.. Lol
If I apply for us citizenship will I be able to have dual citizenship?.

Yes.

 

[uskyoot]

Keep in mind that as long as you keep your green card you are required to file income tax with the IRS every year or face fines up to 10,000. If you become a US citizen you will have to file taxes, report all Canadian income and assets as well as any accounts you may have signing authority on. This will be for the rest of your life. If you decide to give up your US citizenship, you will still have to file with the IRS for 10 years. I too am a green card holder and Canadian citizen and have decided that as soon as I come back to Canada I will gladly give them my green card at the border. After all, a "green card" is really a permanent resident card and I wont be a resident of the US any longer. If we ever decide to go back to the US I'll just file for status there again.

 

[parker24]

Keep in mind that as long as you keep your green card you are required to file income tax with the IRS every year or face fines up to 10,000. If you become a US citizen you will have to file taxes, report all Canadian income and assets as well as any accounts you may have signing authority on. This will be for the rest of your life. If you decide to give up your US citizenship, you will still have to file with the IRS for 10 years. I too am a green card holder and Canadian citizen and have decided that as soon as I come back to Canada I will gladly give them my green card at the border. After all, a "green card" is really a permanent resident card and I wont be a resident of the US any longer. If we ever decide to go back to the US I'll just file for status there again.

If you give up your citizenship, you do not report to them anymore. IRS told us that when I called.

 

[uskyoot]

This is from the IRS website , sorry couldnt post the link but contact info is below......hope this helps

U.S. Citizens and Resident Aliens Abroad

If you are a U.S. citizen or resident alien, the rules for filing income, estate, and gift tax returns and paying estimated tax are generally the same whether you are in the United States or abroad. Your worldwide income is subject to U.S. income tax, regardless of where you reside.

When to File

If you are a U.S. citizen or resident alien residing overseas, or are in the military on duty outside the U.S., on the regular due date of your return, you are allowed an automatic 2-month extension to file your return and pay any amount due without requesting an extension. For a calendar year return, the automatic 2-month extension is to June 15.

If you are unable to file your return by the automatic 2-month extension date, you can request an additional extension to October 15 by filing Form 4868 before the automatic 2-month extension date. However, any tax due payments made after June 15 will be subject to both interest charges and failure to pay penalties.

The IRS Office in Philadelphia provides international tax assistance. This office is open Monday through Friday from 6:00 a.m. to 11:00 p.m. EST and can be contacted by:
•
Phone: 1 (267) 941-1000 (not toll-free)

•
FAX:1 (267) 941-1055


There is alot of info on the IRS website about giving up citizenship and many different rules apply.......

 

[margobear96]

FYI if you're living in Canada, taxes really aren't a concern. The US has tax treaties in place with other countries to ensure that people are not taxed twice. Generally speaking the IRS gives you credit for the foreign taxes that you've paid. Since Canada is a higher tax jurisdiction, you probably won't have to pay any additional US taxes unless you make enough money to be subject to alternative minimum tax (this was about $200K+ about 10 years ago, not sure what the rules are now). You just need a good accountant to fill out the paperwork for you. Personally I consider that a small price to pay for the option to confer US citizenship on my kids. (In future if they move to a lower tax jurisdiction or become millionaires, they can renounce then.) Obviously, this isn't relevant for green card holders.

 

[uskyoot]

Yes, unlikely having to pay taxes its just that you need to file with the IRS whether you are a citizen or a green card holder. They want to make sure that we're not hiding our millions in an offshore account.

 

[scylla]

I am a Canadian Citizen with a Valid US Green Card. I am married to an American and have sponsored him to return to Canada to live with me. My question is how long is my US Green Card valid if I continue to live in Canada? Currently it has an expiration date of 2021 but I think that changes since I have recently moved back to Canada. Thanks!

Apply for a returning resident visa if you want to stay out of the US for more than a year.

http://travel.state.gov/visa/immigrants/info/info_1333.html