US citizenship and canadian green card

M

madhuri_dhar

Registered Users (C)
Hi

I am new to this thread and just wondering if someone could advise on my situation below:

I have been on the US green card for about 3.5 years now and would be applying for my citizenship in next 1.5 years or so. Meanwhile my husband (who is in US currently working on H1) applied for canadian Green card (He has applied for US green card as well but considering the plight of the immigration process in US, we decided to explore canadian option as well) and I am his beneficiary on his canadian application. Just recently, we got an interview call from the canadian embassy in the US and here are my questions

1) If I get the canadian GC now, how would it affect my chances of getting US citizenship 1.5 years down the road. Because the way I understand it is is that it's all about 'intent'. Would it not show 'dual-intent' to the immigration officer when he sees that I applied and got canadian GC as well after the US GC and I may not intend to stay in the US forever ??

2) How would it affect my husband's US Green Card process (which is currently stuck at the first stage in labor).

3) Most imp. point: Suppose we get the canadian GC and are asked to go to Canada for stamping/other formalities, how should my husband enter back into the US. I would like to mention that his H1 is not stamped right now with a visa. So eg if he enters as a canadian GC holder, can he still continue here in the US on his H1 without jeopardizing his pending US GC application. I mean his H1 would still be valid, right?

Any help/advice would be greatly appreciated. We really want to do it right and not get into troubles later

Thanks
 
1. Candadian officer may not care that you have US GC. Applying for C GC does not affect US GC. Howevr, once you have C GC, yuo are expected to stay there like you stay in US after US GC. One day either of your GC will be revoked. If you stay in C then your US GC will be gone and if you stay in US then C GC will be revoked.

The good news is that you have only 1.5 years for US Citizenship. So go ahead and take that. After that you do not need C GC.

2. Applying for C GC does not affect US Citizenship.

3. Your husband would need to enter on valid H1.

In my opinion, you are unnecessarily wasting money on C GC. For safer side, you may want to pursue C GC for your husband until you get US Citizenship. Once citizen, you can apply for your husband's US GC.
 
Avalon thank you for your reply.
One clarification: Can my husband not enter US on C greencard. Would H1 be necessarily required to enter. Problem is his passport is not stamped with H1B visa(though H1 approval is there)
 
Madhuri,

I would just not even take C GC even for a spouse if I am just 1.5 years away from US Citizenship. This is just my opinion.
 
Thanks Avalon
Actually we applied for his C GC a while back and the interview call came thru now and we are just thinking since we invested so much money and time into it, should we atleast go for the interview..
Also, i would be *applying* for citizenship in 1.5 years and then it would take 1+ year from then to actually get my citizenship and that's when i would be able to upgrade my husband's application from 2nd category to first category under family-based ( I did file his 1-130 as spouse of GC holder).
And since he doesn't have his H1 stamped.. and has GC application pending, going to India and getting H1 stamped is going to be dicey (even though we have all the papers and his stay here is totally legal.. but you never know)..

not sure.. probably just have to wait and wait..
 
A Canadian Perm resident needs a visa to enter the US. Until 2 years back, a Canadian perm resident who was a citizen of a commonwealth nation could enter the US without a visa, this is no longer so.
( However US permanent residents do not need a visa to enter Canada regardless of the country of citizenship it is not a equal/reciprocal arrangement-never was)
 
Madhuri,

Why do you think validating H1 extension is dicey? He should be fine as long as he has a job from the petitioning employer.

How many days does he have left on H1? This may not matter if he has filed US GC and has cleared labor. Soon, he may get his EAD too if he files 485.

In the worst case, your husbnd has to wait for 2.5 years. This is the worst case scenario, so you need to weigh all the options based on this worst case.

1. What is the likely hood that he loses job and stays at home for 2.5 years?
2. What if his US GC is denied? Possibility is slim.
3. What if your husband can not enter US if he goes to Canada for interview?

Sure you have spent so much money. But you know that any money that you will put for C GC henceforth is going to be wate anyway.

(He will be in jeopardy if he believes you and then you dump him within 2.5 years. Just kidding, but do not do that).
 
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