Living Abroad Temporarily after Filing..

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DaveB

Registered Users (C)
Hello,

I am a greencard holder eligible for filing my N-400. I would like to know if there is any possible way to file my application and then temporarily live with my girlfriend in Canada for a period up to one year. I currently work and live in the U.S., and I would like to continue to work here in the U.S. but stay with my girlfriend over the border on weeknights and weekends.

Is there anyway at all to do this legally? I spoke with an immigration lawyer briefly about this and he recommended an I-131. Would this work? Do any of the experts have any ideas on how I could do this?

TIA

DaveB
 
Hi DaveB

An I-131 (commonly known as the re-entry permit) DOES NOT preserve your continuous residence or physical presence requirement...

To explain with your situation...

If you took a re-entry permit, went to Canada and stayed outside the country for more than a year, you would not lose your greencard, but you lose your eligibility for citizenship...

Even without the re-entry permit, if you went to Canada on a trip for more than six months, it is at the discretion of your interviewing officer to see if you have disrupted your continuous residence...

It is definitely safe to get a re-entry permit (in case a trip to Canada gets delayed for any reason, you don't want to lose your Greencard)...

BUT, if you want to remain eligible for US Citizenship at the time of your interview, you will need to:

1) Have at least 30 months of physical presence in the USA, with no trips for more than 6 months in the last 5 years...Since you will be going back and forth between USA and Canada, it will be better if your 30 months physical presence is accomplished before you start travelling...

2) Travel back and forth from Canada to keep those trips under 6 months...since this is what you are planning to do anyway, I do not think there should be a problem...

If you have any documentation/proof that will show that your presence in Canada was temporary and that you maintained ties to the USA, you should take it with you (with copies that you can provide to the interviewer) to your interview...

Again, since you will continue to work in the USA and file taxes here, I think proving ties to the USA should not be a problem...

There were other threads in this forum that indicated trips to Canada may not be stamped in your passport, so it may be good to retain other forms of proof (toll receipts from road trips, etc.) carefully...

On a side note, there is another form you can apply with called the N-470 which allows you to travel AND preserve your Naturalization eligibility. However, it only applies to certain people...check out question 6 on the form below and see if any of these apply to you...

http://uscis.gov/graphics/formsfee/forms/files/N-470.pdf

As always, I would take any answers you receive on this forum (including mine) and double check them with a good immigration attorney...

Good luck!

Ratrat
 
Living Abroad Temporarily after Filing

I would rather apply for citizenship rather than a commuter greencard if possible. Hypothetically, if I were to spend my weeknights and weekends in Canada for up to six months, then reside in the U.S. for a few months would this be legal to do?
Would this disrupt my continuous residency at all? Since I would be working here in the States, 95% of my trips would be less than 24 hrs.

Ideally I would like to put in my U.S.C. application (N-400) and be able to spend time with my long time girlfriend without raising any flags. Is there any way to do this?

Any other input would be appreciated. Thanks.
 
Thanks JoeF. Do you think I would be given a hard time at the border crossing into the U.S. weekday morning to go to work? When they ask, "Where were you?", and I reply visiting my girlfriend, will this get my into trouble? The alternate weekend arrangement can be done, but I just don't want to get into a situation where I am denied entry. Then again, that shouldn't happen because all the practical factors such as licence, vehicle, bank accounts etc are here in the U.S.

Am I missing anything important, or assuming anything incorrectly?
 
I do not think you should have any problem for entry into US at the Canada- US border.
Sice you asked if you are missing anything besides bank account, car registration, and driving license, I may suggest followings:
1. yearly lease agreement for your apt in USA
2. All your mails to come to your US address
3. Your credit cards and bank account statements to come to your US address
4. Phone connection at your US addres
5. Your apt utility bills and phone bills to come by mail to your US address
6. Additionally , you may consider some kind of a loan or morgage ( if not already done) transaction and regular repayment thereof : all with your US address
7. take up local membership in social clubs , Indian association, public library, and any community activity.
8. File your Tax Returns as US resident
regularly with your US address as your permanent address.( this being the most important)
 
If you take up membership in these social clubs, do you have to list them in your Naturalization application under the "organizations you belong to" question?

Ratrat
 
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