Maintaining residency

texancanadian

Are there any issues with living in windsor and working in detroit since if you are a canadian citizen then it seems fine but if you are a Canadian PR is there a possibility that the border authorities might see it as suspicious that you are crossing the border every day, is it perfectly legal?

Also I read on some posts that if you are doing this and your GC is concurrently being processed and you reach the I-485 stage then you need to stay in the US and cannot apply from Canada? Is that true

Thanks
 
Srini

U should be fine . Don't see any problems . You could do AOS or CP . But once you start one process it is very difficult to change it. Never heard of any problems travelling outside US as long as your H1-B /AP is valid
 
For Srini 88

I only see 3 very minor problems :D

1) If the traffic at the border comes to a standstill (as it does some days) then you may end up being late to work and will have to explain to your boss.

2) You may have to get new passports often because your passport will be full of entry and exit stamps.

3) You will have to be careful in filing taxes, since you will have to file both US and CA taxes.

Sorry cant answer your other question oin 485 since I still havent gotten myself out of the labor cert stage since I applied in 2001. Ill worry about catching up to speed when its relevant.
 
texancanadian said:
I only see 3 very minor problems :D

1) If the traffic at the border comes to a standstill (as it does some days) then you may end up being late to work and will have to explain to your boss.

2) You may have to get new passports often because your passport will be full of entry and exit stamps.

3) You will have to be careful in filing taxes, since you will have to file both US and CA taxes.

Sorry cant answer your other question oin 485 since I still havent gotten myself out of the labor cert stage since I applied in 2001. Ill worry about catching up to speed when its relevant.
Click to expand...

Regarding item 2) I believe there is some sort of a quick pass card that has a separate lane for commuters like this.
 
questions about maintaining residency

hi guys,

sound like you all have land in Canada a while back

I have a few questions for you

Do you have to apply extension to maintain the 2 years out of 5 years rule? When does the 183-days rule kick in?

I posted the following questions in thread "Canada - Visiting, Living in, Moving to or Moving From > Permanent Residence in Canada
Which way is the best? ". Please give me some input as well.

My situation :I plan to go over to Toronto in Novemeber 2005 and come back to USA continue to work. My USA greencard has been pending since 2001. Still hope that I will get it approved. I am the main applicant for Canada PR and I hope that my spouse could go over there and work once we report to Canada.

1) do I have to bring the 10K during the 1st time I report to Canada? What if I am not planning to move there right now?

2) Understand that I need to move my belonging to Canada within a year of my first report to Canada, would there be a problem if I finance my car?

3) How soon do I have to move to Toronto, Canada after my first report (Nov 2005)?

4) After we report to Canada, can I come back to USA and continue to work and my spouse with USA H4 go over the Canada and look for a job?

5) My H1B Stamp on my passport is expire but I have a valid H1B petition till May 2006. Can I reenter to USA without a visa stamp? I know that you mentioned about AP or 30day revalidation. What is AP? My friend is Canada PR but she said that US require them to have a valid US visa stamp in order to visit USA.

6) There is a 183-days rule, when would they start counting? If my spouse is allowed to work there while I am in USA, how would this rule apply to us? Do we have to go back to Canada every 6 months?

7) After I import my car to Canada, do I have to buy the car insurance from Canada?

8) how do I prove to them the number years of driving record in USA?


Thank you much!

Getinfo
 
Please see answers below

getinfo said:
hi guys,

sound like you all have land in Canada a while back

I have a few questions for you

Do you have to apply extension to maintain the 2 years out of 5 years rule? When does the 183-days rule kick in?

There is no more 183 days rule- that was the old law. Per the new immigration rules you have to stay in Canada for at least 2 out of 5 years to continue maintaining Permanant Residency.

I posted the following questions in thread "Canada - Visiting, Living in, Moving to or Moving From > Permanent Residence in Canada
Which way is the best? ". Please give me some input as well.

My situation :I plan to go over to Toronto in Novemeber 2005 and come back to USA continue to work. My USA greencard has been pending since 2001. Still hope that I will get it approved. I am the main applicant for Canada PR and I hope that my spouse could go over there and work once we report to Canada.

I can understand. My US GC application has also been pending since 2001 and is still in the LC stage... sucks big time.

1) do I have to bring the 10K during the 1st time I report to Canada? What if I am not planning to move there right now?

You need to bring the 10K with you when you land to clear the immigration process. If you dont plan to settle down immediately bring the draft back with you and redeposit it in your account in US again. There is no rule which forces you to deposit taht money in a bank in Canada.

2) Understand that I need to move my belonging to Canada within a year of my first report to Canada, would there be a problem if I finance my car?

There is no such 1 yr rule. As long as you have a goods to follow list which is presented and stamped you can bring those same goods back anytime in the future.

3) How soon do I have to move to Toronto, Canada after my first report (Nov 2005)?

To maintain your PR the latest you need to move there is by October 2008 but if you move there on October 2008 you can not leave Canada again till October 2010 even for a vacation visit etc.

4) After we report to Canada, can I come back to USA and continue to work and my spouse with USA H4 go over the Canada and look for a job?

Sure your wife can look for a job there (if you dont mind the speration that is :) )

5) My H1B Stamp on my passport is expire but I have a valid H1B petition till May 2006. Can I reenter to USA without a visa stamp? I know that you mentioned about AP or 30day revalidation. What is AP? My friend is Canada PR but she said that US require them to have a valid US visa stamp in order to visit USA.

Sorry cant help there. I have never travelled without a valid US visa to come back on, though Ive heard others coming back on I 797 and I94.

6) There is a 183-days rule, when would they start counting? If my spouse is allowed to work there while I am in USA, how would this rule apply to us? Do we have to go back to Canada every 6 months?

Like I said the 183 day rule is history

7) After I import my car to Canada, do I have to buy the car insurance from Canada?

Yes, and its much much more expensive than USA
8) how do I prove to them the number years of driving record in USA?

They will ask for your DMV driving record history.


Thank you much!

Getinfo
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thank you texancanadian

TaxanCanadian Thanks for the reply!!!!! I have seen you in Dallas BEC forum. :)

1) If my wife could find a job there, how would 2 years out of 5 years rule apply to us? Do they count it individually? my wife's time starting and my just stay in 10 days for example?

2) what should I do to get the DMV driving record history?

3) But I don't have the title for the finance car yet. won't they ask for the title? but I am sure I have the licience registration form, would that be enough?

4) My wife and I have the SIN from 12 years ago when we studied in Canada. She finished her bachelor degree there and moved to USA to join me in 2001. I left Canada since 1993 but continue to visit her. We still have the old card, wonder if we could switch to new number or thing like that.

Thanks again.

getinfo
 
Last edited by a moderator:
getinfo said:
TaxanCanadian Thanks for the reply!!!!! I have seen you in Dallas BEC forum. :)

1) If my wife could find a job there, how would 2 years out of 5 years rule apply to us? Do they count it individually? my wife's time starting and my just stay in 10 days for example?

2 out of 5 years applies to everyone seperately. If your wife meets the requirement but you dont, then you loose your PR and she doesnt. The good thing in that situation though is that she can refile for your PR and you will get it faster. If she was already a Canadian citizen and stayed with you in US then the 2 out of 5 yr rule would not have applied to you.

2) what should I do to get the DMV driving record history?

Contact DMV :). Check out their website. Rules for each state are different.

3) But I don't have the title for the finance car yet. won't they ask for the title? but I am sure I have the licience registration form, would that be enough?

Not sure because I didnt face this situation. I know they ask for title.

4) My wife and I have the SIN from 12 years ago when we studied in Canada. She finished her bachelor degree there and moved to USA to join me in 2001. I left Canada since 1993 but continue to visit her. We still have the old card, wonder if we could switch to new number or thing like that.

You will have to let HRD Canada know because according to their records you may still be a student. You may be able to keep the same number but change your status in their computers.
Thanks again.

getinfo
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residency issue

If I (having Canadian PR card, living and working in the US on H1B, landed and returned in March 2005) go to Canada for vacation for one month in a year, and work for the US employer from Canada during my stay in Canada:

1. Can I claim the one month I lived in Canada towards 2/5 residency rule? If yes, how do I prove my one month stay later?

2. Do I have to pay taxes to the Canadian government for the one month worked from Canada? Thankx!
 
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Tax Info

have a question about Tax.

If my spouse is going to Canada to work and I stay behind in USA continue with my job in USA. Do we have to pay 10% of my income to Canada government? For example, for USA, if we have to pay foreign tax, we will have to mention it in our 1040. Do any of you have this similar kind of experience/info?

Thank you

getinfo
 
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