Marraige after Green Card, Ways to live with wife

[naav786]

A brief history and current situation
-------------------------------------

I am a US Permanent resident(US Green card holder). I have got my green card in DEC 2001. Since then I have been working and living in the US for US employers on different contracts as a contract employee.

Out of the whole time since DEC 2001, I have been out of the US only for
3 months(2 month and 1 month vacation trips to india)
So till today I have a accrued a total physical presence of 2 years and 10 months (34 months of physical presence as a US permanent resident).

Last year I got married in India in Feb 2004.
Since then me and my wife have been apart
(she is living in india and I am living in the US)
as she cannot come to the US since I got married after I became a green card holder.
I will be completing my 5 years as a US permanent resident in Dec 2006.

Now(Jan 2005) I am planning on working in canada on a canadian
workpermit for a canadian employer.
I am planning on doing this because on a canadian work permit my
wife can immediately join me as my dependent.


Few questions relating to above situation of mine:-->
------------------------------------------------
1) Does a US permanent resident need to be physically present for 6 months
out of a calender year???Or is it OK If I visit US once with in every 6 months????Visiting USA will not be much of an issue. As I am planning on living in Toronto CA, coming into the US would be visiting Buffalo, NY
which is roughly 45 min drive across the border from Toronto.

2) Should I actually have a "US home" or an "US aparment on a lease" to
prove that I have some US connections. I am not planning on buying any property until 2 more years. How can I fulfil this requirement???

I have a Brother who lives in Texas. Can I show his address as mine??

3) Filing taxes in US. As I will be working and living in canada, I have to pay my taxes in canada. So Do I have to file my taxes both in Canada and US??
4) How does US know how long a person is out of the country ???
When I left from US to India on my vacation trip 2 times,
US Immigration has a stamp in my passport only at the time I came into the country at the port of entry.
Once in Newark, NJ and the other time in Chicago IL.
But they never put any stamp or any kind of mark in my passport at the time was leaving to india. How do they
calculate the time a person is out of the country ??? As they only know which day you came into the US??


5) If I work for instance say "HP canada", which is a subsidiary of HP US? Can I file a N-470 and be out of US for 2 years. Will that meet my continuance requirement for
US Citizen ship purposes. Should I be still visiting US every now and then to US to keep my residency??
Is it required that I also submit return permit????

6) Can I apply for Canadian Green Card while I am on a US Green card?
The main idea of doing this is once I get my Canadian Green card,
Mywife will also get a Canadian Green Card. Then she can apply a
visitors Visa to come to the US, as she will be a canadian permanent
resident at that time. I am planning on immediately cancelling mine after I get it. As soon as I get my canadian green card and my wife gets a canadian green card. I am planning on cancelling my Canadian Green card. Let my wife keep her canadian green card. I will be back only with one green card which is US green card. Is this a safe thing to do ???

7) Can some one be residing in US and be working for a Canadian company
and be paid in canadian dollars.

Example:
Can some one (for example: employee A) work for a canadian XYZ(based
in canada), as a permanent employee, and represent that company XYZ
at a client(Company DEF) in US as a contractor. Now in this example,
employee A gets paid in canadian dollars and he pays his taxes to
canada as he is a permanent employee of XYZ, but resides in US as
he has to work at the client. At the end of the year he also files
US tax return on his global income.
Since the employee A resides in US but does Work for canadian
company which is not a US company.
Will this cause any problem in getting his citizenship.
Just curious as I am going to be that employee who is planning to be
a permanent employee of a canadian company to represent a client
company in US.

The reason I am doing all this is because Company A promised me
to get a canadian work permit if i represent them at a client company in US. by having work permit in canada, my wife can immediately join me in canada.

8) If I work for a US based Company (AIG, for instance)
in Bermuda. Can I file N-470 and be outside for the next 2 years and come back at the end of 2 years and still be ok for Citizen ship????
Being in bermuda on a work permit, My wife can immediately join me.

 

[hm11]

naav786

You have too many questions to clarify. In short I say that in order to maintain your residency here in the USA you need to live here and file taxes regularly.
You can also consult an attorney to get the best possible advice.
Good luck.

 

[USER12345]

Hi

take a 2 year reentry permit to preserve your green card, then while in Canada have yourwife apply independently of you for her canadian immigrancy which will then allow her access to US I belevie. Look up the canadian govt websites and see if she is eligible.


Anyway other than that- your breif visits could at some point result in you being challenged by immigration that you have given up your greeen card; you wont be eligible for N470 as it has to be in US interests;
use your brothers address and get some of the utilities in your name;
no matter where you live in the world you have to file US taxes if you are a US citzen or GC holder, you will also have to file taxes in Canada but there are provisions to prevent double taxation so get a CPA to file for you.there are no citzenship issues in pricinple to filing in two countires. I file taxes in two countires because I earn income in two countries , but I clearly am a US resident.

You can apply for a candian GC while on US GC but if you enter the US with a stamp in your passport showing canadain GC or evidence of an application that would I guess be considered as clear evidence you have given up US residency.

good luck, its a cruel system that wont let a husband and wife be together, so much for family values.

regards

 

[Ocelot]

If you work that close to the border...

Can you live in US and drive to work in Canada every day?

-Ocelot

 

[yalag]

As I am planning on living in Toronto CA, coming into the US would be visiting Buffalo, NY which is roughly 45 min drive across the border from Toronto.

Toronto - Buffalo is is 45 monutes drive if you are driving at 2:00AM speeding at 90mph and exempt from border checks...

A more reasonable estimate is between two and three hours.

Yalag

 

[Rahul Kumar]

Yalag,

that is correct. I used to travel from Buffalo,NY to Niagara Falls,ON and that used to take atleast 30 minutes not incl the Rainbow bridge traffic. Toronto is a big city and with traffic it will take ATLEAST 2 hours to get to Buffalo