Need Advise.

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GreenCard05

Registered Users (C)
Hello Friends,

I am living in US since 2000 on H1b and my wife is on H4 visa. Here is what we are planning to do. We filed our GC in 2003 in Eb3 and still waiting for it. In the mean time we are planning to do the following.

My wife wants to move to Canada and work there.

I will stay in the US and work and visit them eveyweekend in Canada.

My questions to are...

If i go every weekend and stay in Canada just for two days does it help in maintaining my Canadain residency or do they look for min number of contiguous days.

We have a travelled to Canada through road various times. When we come back to US they just see our H1b papers they don't care about Canadian PR Visa. How does Canada track if their PRs have left the country by road.

Do I need to file Canadian Taxes in the above scenario.

Does it affect my wife's green card process. We are filling our 140 right now.

I will truly appreciate your erly responses.

Regards
 
If i go every weekend and stay in Canada just for two days does it help in maintaining my Canadain residency or do they look for min number of contiguous days.

-- Continuous stay is not required, but you have to satisfy the "2 yr physical presence out of every 5 years" rule to keep your PR status in Canada. Only the weekend that was spent in Canada will count towards this 2 yr presence rule.

We have a travelled to Canada through road various times. When we come back to US they just see our H1b papers they don't care about Canadian PR Visa. How does Canada track if their PRs have left the country by road.

-- I am not sure..May be some other guys can comment on this.

Do I need to file Canadian Taxes in the above scenario.

-- No, but your wife has to file her cdn taxes if she works there and might have to include your income in her tax return. (they ask spouse's income, which is your US income.)

Does it affect my wife's green card process. We are filling our 140 right now.

-- No.
 
Thanks for your quick response BigBoy.

How can I prove my Visit every weekend. Do i need to keep some paperwork or do they track it by entry of PR in the system everywekend.

If i have to keep track of this what type of paperwork i need to keep as US doesnot give u new I94 when you come back thru road.

Regards
 
How can I prove my Visit every weekend. Do i need to keep some paperwork or do they track it by entry of PR in the system everywekend.

-- Keep all your credit card purchases (in Canada) receipts. Have a joint lease (have your name also in that lease).

-- Or else you can ask cdn immigration officer to stamp your passport every now and then, to prove your entry..
 
For you to truthfully and honestly keep your Canadian residency, you need to spend 2 out of 5 years in Canada. So if you expect to get your GC within the first three years, you should be OK. 2/7 days a week will fall short of 2/5 years if the practice continues for a full 5 years. In the worst case of you not getting a GC in the first three years, you will need to spend more time in the last two years to stay within the 2/5 years.
 
Not to confuse anybody further. Please see the following which i am pasting from http://www.migrationlaw.com/


On June 28, 2002 Canada’s new immigration legislation, the Immigration and Refugee Protection Act (IRPA) came into effect. This legislation included a new “residency obligation” which requires permanent residents to be physically present in Canada for 730 days (i.e. two years) in every five-year period. This replaced the previous rule which required that permanent residents reside in Canada for at least 183 days (i.e. about 6 months) in each twelve-month period.

A permanent resident can include in this 730-day period any time that they were outside of Canada:

accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent
employed on a full-time basis by a Canadian business or in the public service of Canada or of a province; or
accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the public service of Canada or of a province.

Does this means the the spouse works for Canadian company and is posted abroad or Inside Canada.
 
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