Canadian Looking to Get Green Card

[hube222]

Hello

I married my wife who is a US citizen. We marrried in the US last year. I was on a TN visa (still currently valid). I recently got my I-130 approved.

However, my wife is moving to Canada soon. Is it a good idea to continue process? We are thinking about living in the US down the road but want to spend time in Canada first.

Thanks

 

[eddie_d]

Even if you continue the process after getting a green card if you leave the country for more than 6 months you lose the GC and have to start over.

 

[machelon]

just try to get the GC and keep it valid by not leaving more than 6 moths.
Think that you can also apply for citizenship as a spouse of a USC after 3 years. That way you can always come back here to liv any time in the future.
Good luck.

 

[cherr1980]

Remember that your sponsor needs to have a US address (if you continue the process)and that you and your wife (since she is the sponsor) are going to Canada for short stay (max 6 months). If you move to Canada and practically abandon anything you are not showing any attachment over here. (attachment =work, paying taxes, US address, etc).

Now, it is my understanding that a I-130 does not expired. So since you are in a valid TN visa...you can go to Canada spend the time of your life over there and if you are ready to move over here then you can start the I-485 if you are here or go through Consular Processing, but again your wife must have a valid US address. Or you can finish the process and don't stay longer than 6 months or get a re-entry permit once you obtain your green card but you will have to wait longer for the citizenship.

As you see you have several routes, but the most important what are your plans and what you want and at the end, has nothing to do with immigration since you have several options

Good luck,

 

[Pinturicchio]

Even if you continue the process after getting a green card if you leave the country for more than 6 months you lose the GC and have to start over.

just try to get the GC and keep it valid by not leaving more than 6 moths.
Think that you can also apply for citizenship as a spouse of a USC after 3 years. That way you can always come back here to liv any time in the future.
Good luck.

It's one year, not 6 months.

 

[cherr1980]

They meant 6 months for the physical presence requirement for naturalization:

Residence and Physical Presence

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

has been lawfully admitted for permanent residence (see preceding section);
has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
has resided within a state or district for at least three months

 

[Pinturicchio]

They meant 6 months for the physical presence requirement for naturalization:

You will find that eddie_d specifically said that you lose the GC if you leave the country after 6 months.

And machelon, said to keep the GC valid by not leaving more than 6 months.

So no cherr, they didn't mean the 6 month requirement for naturalization, they specifically made it clear otherwise

Even if you continue the process after getting a green card if you leave the country for more than 6 months you lose the GC and have to start over.

just try to get the GC and keep it valid by not leaving more than 6 moths.
Think that you can also apply for citizenship as a spouse of a USC after 3 years. That way you can always come back here to liv any time in the future.
Good luck.