My husband is holding US Green Card and Canadian Landing papers as well. I came to Canada as a dependent of my husband. My husband is working in US. We have got Canadian Landing papers and landed in Canada on June 2001. I am planning to apply for PR card. Since my husband is holding US GC he does not want to apply for PR card, will this be a problem for me to get my PR card in Canada?
Having USGC and Canadian Landing Papers
- Thread starter kishore30
- Start date
Hi,
I do not see a problem for applying a PR card in Canada, but
upon possession of GC status of both US & Canada and
trying to exit/enter you will be confronted with the immigration
officials and you will have to decide upon giving up one of them.
As you mentioned, your husband is working in US he may have
to confront the same situation while enter/exit Canada with
Immigration officials.
You guys have to makeup your mind and avoid/prepare for
the situation.
All the best.
Vijay
Vjy,
Here are my thoughts....
You should be able to apply and obtain the PR Card. I don't see any problems there. I am not sure if you might have problems at a later date if your husband dosen't apply for PR card, since you got your PR status based on your husband.
As per the existing laws your husband can enter Canada with his US GC. However if the Canadian Immigration officials do a name and dob check, your husbands name will pop up as being a Canadian PR, and he will be questioned about his Canadian PR. I don't think the Canadian government objects to someone who has a US GC and Canadian PR, as long as you can prove residency and pay the taxes.
He should be able to enter the US on his GC. He will be questioned at the border/airport as to what was his reason to visit Canada. If he says that he is a Canadian PR, BCIS folks will ask him to either surrender his USGC or his Canadian PR.
So you folks have to make a decision as to which PR you intend to keep.
I am not sure as to what your situation is. From your posting I am under the assumption your husband is sponsoring your for US GC. Also I am not sure when you will be eligible for Canadian Citizenship? Provided there are no issues with your Canadian PR, and if you are eligible to apply for Canadian citizenship do so.
This is a complicated issue. You and your husband should consult a good immigration attorney who specializes in US and Canadian Immigration.
Good Luck!!
Here are my thoughts....
You should be able to apply and obtain the PR Card. I don't see any problems there. I am not sure if you might have problems at a later date if your husband dosen't apply for PR card, since you got your PR status based on your husband.
As per the existing laws your husband can enter Canada with his US GC. However if the Canadian Immigration officials do a name and dob check, your husbands name will pop up as being a Canadian PR, and he will be questioned about his Canadian PR. I don't think the Canadian government objects to someone who has a US GC and Canadian PR, as long as you can prove residency and pay the taxes.
He should be able to enter the US on his GC. He will be questioned at the border/airport as to what was his reason to visit Canada. If he says that he is a Canadian PR, BCIS folks will ask him to either surrender his USGC or his Canadian PR.
So you folks have to make a decision as to which PR you intend to keep.
I am not sure as to what your situation is. From your posting I am under the assumption your husband is sponsoring your for US GC. Also I am not sure when you will be eligible for Canadian Citizenship? Provided there are no issues with your Canadian PR, and if you are eligible to apply for Canadian citizenship do so.
This is a complicated issue. You and your husband should consult a good immigration attorney who specializes in US and Canadian Immigration.
Good Luck!!
vault,
I have US GC and Canadian Landing papers, and my wife has only canadian landing papers. We are planning to go to Canada in May. We have got canadian landing papers on June 2001 and landed in canada same month. Now i am working in US. If i want to cross the boarder what would you suggest to use US GC or canadian landing papers? I can stay out of canada for three years right? If this is right, i am legal to have both GC's. If i lose my canadian GC status whould that effect my wife's canadian GC status, since she came as my dependent? My wife will apply for canadian PR card. If i do not want to apply for canadian PR card, is this a problem for getting PR card for my wife?
I have US GC and Canadian Landing papers, and my wife has only canadian landing papers. We are planning to go to Canada in May. We have got canadian landing papers on June 2001 and landed in canada same month. Now i am working in US. If i want to cross the boarder what would you suggest to use US GC or canadian landing papers? I can stay out of canada for three years right? If this is right, i am legal to have both GC's. If i lose my canadian GC status whould that effect my wife's canadian GC status, since she came as my dependent? My wife will apply for canadian PR card. If i do not want to apply for canadian PR card, is this a problem for getting PR card for my wife?
I have US GC and Canadian Landing papers, and my wife has only Canadian landing papers. We are planning to go to Canada in May. We have got Canadian landing papers on June 2001 and landed in Canada same month. Now I am working in US. If I want to cross the boarder what would you suggest to use US GC or Canadian landing papers?
** When you cross the borders Canada immigration only asks your status and you should say PR of Canada, normally they don’t ask questions
I can stay out of Canada for three years right?
**YES
If this is right,
I am legal to have both GC's.
** I don’t think so you have to abandon US GC or Canada PR at some time.
If I lose my Canadian GC status would that affect my wife's Canadian GC status,
** NO
Since she came as my dependent?
** it does not matter
My wife will apply for Canadian PR card. If i do not want to apply for Canadian PR card, is this a problem for getting PR card for my wife?
***NO problem for her she will get her PR card
** When you cross the borders Canada immigration only asks your status and you should say PR of Canada, normally they don’t ask questions
I can stay out of Canada for three years right?
**YES
If this is right,
I am legal to have both GC's.
** I don’t think so you have to abandon US GC or Canada PR at some time.
If I lose my Canadian GC status would that affect my wife's Canadian GC status,
** NO
Since she came as my dependent?
** it does not matter
My wife will apply for Canadian PR card. If i do not want to apply for Canadian PR card, is this a problem for getting PR card for my wife?
***NO problem for her she will get her PR card
Please help
vault and ginnu,
Thanks for you replies.
Everything is fine till my wife goes to Canada and gets her PR card, but when she has to visit US she has to take a visa and when applying for a visa there are lots of questions like ..
Spouse's full name, when do u intend to arrive in The US etc...
At the time of interview are they going to ask my wife why she is visiting US and how are the persons residing in US related to her etc... and what more qustions might be expected.... please help
And will it be ok if my wife tell them that she is comming to visit me....
Anyone who has crossed the border please post your experience
Thanks.
vault and ginnu,
Thanks for you replies.
Everything is fine till my wife goes to Canada and gets her PR card, but when she has to visit US she has to take a visa and when applying for a visa there are lots of questions like ..
Spouse's full name, when do u intend to arrive in The US etc...
At the time of interview are they going to ask my wife why she is visiting US and how are the persons residing in US related to her etc... and what more qustions might be expected.... please help
And will it be ok if my wife tell them that she is comming to visit me....
Anyone who has crossed the border please post your experience
Thanks.
Mrs & Mr Kishore30
Check this out for detailed answer on holding both the GC's.
Source>>>>
http://www.grasmick.com/morefaq.htm#CAN_I_KEEP_BOTH
16. Can I keep both the U.S. Green Card and Canadian Landed Immigrant status?
ANSWER: Yes, you can keep both...but you better have a good story!
Here's the problem: to keep your green card, you have to have the intent to reside permanently only in the United States. Canada requires a similar intent of it's landed immigrants. How can you intend to reside in both countries at once? If INS suspects that you no longer intend to reside permanently in the U.S., they can lift your green card. This usually happens during border crossings. The issue can also come up during naturalization: to become a U.S. citizen you must have intended to reside permanently in the U.S. continuously since the day you got your green card.
As a practical matter, you'll have some explaining to do at the border if INS finds out you hold residency in both countries.
Nevertheless, courts have held that application for and receipt of landed immigrant status in another nation, without more, does not establish intent to abandon permanent residency in the U.S. It is a significant factor showing that one intends to give up U.S. residency, but is not conclusive.
Here are some solutions:
Get citizenship in one country or another. With U.S. citizenship, you can reside wherever you'd like.
Apply for a Returning Resident permit. (For information on this permit, and other issues concerning Returning Residents, you may request an E-Mail report.) This permit diminishes---but does not eliminate---the chance that INS would be able to lift your green card.
Get a temporary work permit for one of the countries and keep the permanent residence in the other.
All the best.
Vijay
Re: Please help
Kishore30,
It is a tuff call. You wife has put the facts on the application. Chances are not good for her to get a visitor visa to the US. The consulate might deny her application stating that she has intentions to immigrate, since you are a US PR. On the other hand the consular official interviewing her might grant her the visa.
Kishore30,
It is a tuff call. You wife has put the facts on the application. Chances are not good for her to get a visitor visa to the US. The consulate might deny her application stating that she has intentions to immigrate, since you are a US PR. On the other hand the consular official interviewing her might grant her the visa.
Hello Kishore,
I got canadian permanent resident card for me and my wife after getting my US green card without any problem. I also made couple of trips between US & Canada without any problem. If you would like to know more you need to contact me personally. Take care. Advice of Vault inspired me and gave the way of doing that. Thanks vault.
I got canadian permanent resident card for me and my wife after getting my US green card without any problem. I also made couple of trips between US & Canada without any problem. If you would like to know more you need to contact me personally. Take care. Advice of Vault inspired me and gave the way of doing that. Thanks vault.
A lot of questions
Hello Freinds .....I know Vault is leading the way here....
This forum seems really good.........i 'll shoot my questions one by one
Pls advise
!) I have to land in Canada by Feb 2004.
2)I am working in USA on H1B and want to be here only and had applied for my Canadian PR just for safety but as of now think that i may be caught in between choosing for USA or Canada.........
3) My GC in usa is at very early stage. By that I mean its still in Labor Stage which I asssume will take atleast a year to get thru and than say another 2-3 years for I-140 AND THAN 1 485........In short i expecy my US GC to get thru only by mid 2006 to early 2007.............
my basic concerns are
1)will it anyway affect my USA GC if I take Canadian PR..........
2) I dont wanna pay taxes on My USA income in Cananda as I just plan to Land there in Feb 2004 and head back to USA next day to continue with my job
3)My initial intention of Cnadain PR was justto be safe in North america...........
I am sure u gurus realize that I am confused atthis stage..........Pls advise what course of action should i take..............
should i not accept Cnadian PR .........in liew of my US GC or
vault nneed some heavenly advice
thanks to all u guys in advance
Hello Freinds .....I know Vault is leading the way here....
This forum seems really good.........i 'll shoot my questions one by one
Pls advise
!) I have to land in Canada by Feb 2004.
2)I am working in USA on H1B and want to be here only and had applied for my Canadian PR just for safety but as of now think that i may be caught in between choosing for USA or Canada.........
3) My GC in usa is at very early stage. By that I mean its still in Labor Stage which I asssume will take atleast a year to get thru and than say another 2-3 years for I-140 AND THAN 1 485........In short i expecy my US GC to get thru only by mid 2006 to early 2007.............
my basic concerns are
1)will it anyway affect my USA GC if I take Canadian PR..........
2) I dont wanna pay taxes on My USA income in Cananda as I just plan to Land there in Feb 2004 and head back to USA next day to continue with my job
3)My initial intention of Cnadain PR was justto be safe in North america...........
I am sure u gurus realize that I am confused atthis stage..........Pls advise what course of action should i take..............
should i not accept Cnadian PR .........in liew of my US GC or
vault nneed some heavenly advice
thanks to all u guys in advance
Need help frineds
Frinds , i have read this thread very goog information.
please help me. Follwoing is the situation.
I m US PR and canadian Citizen and my wife is candian landed immigrant( i sponser her). Now my wife will be applying for visit visa to US.
1- what should i do. sohuld i hide my green card stauts. and show only candian stauts on D156 form.( pls advice your view).D156 form assk for spouse name/Birth date.she will be travling alone.Do they check spouse name and try to find his staus in US.(PLEASE HELP I M VERY CONFUSE)
2-follwoing are supportingn dowumnt.if i hide my green card stauts.
PLAINING TO put followingSUPPORTING DOCUMENT:
*she has to do the some examination in US.(got the imvitation letter).
*invitation letter from relative(for accomodation).
*her bank statment .
*student letter at college in toronto.
*lease of apartment
thanks guys for your input.i desperately need your help.
Frinds , i have read this thread very goog information.
please help me. Follwoing is the situation.
I m US PR and canadian Citizen and my wife is candian landed immigrant( i sponser her). Now my wife will be applying for visit visa to US.
1- what should i do. sohuld i hide my green card stauts. and show only candian stauts on D156 form.( pls advice your view).D156 form assk for spouse name/Birth date.she will be travling alone.Do they check spouse name and try to find his staus in US.(PLEASE HELP I M VERY CONFUSE)
2-follwoing are supportingn dowumnt.if i hide my green card stauts.
PLAINING TO put followingSUPPORTING DOCUMENT:
*she has to do the some examination in US.(got the imvitation letter).
*invitation letter from relative(for accomodation).
*her bank statment .
*student letter at college in toronto.
*lease of apartment
thanks guys for your input.i desperately need your help.