Posted on: 27-04-11 13:54:08
Hello,
I've lived in Canada for 8 years now, but became a PR in April 2009. I've visited US for weekends in the past year and therefore do not meet the 1095 criteria. However, I work here, reside here, have filed for taxes, and always return back to Canada after the weekend. The reason for visit is husband being there. I met with a very well known lawyer of Toronto, and she said we can file for my citizenship right now, and the case is strong enough as I have all the ties to Canada to show. However, my question is, after filing for Citizenship, can I move to US temporarily (until my husband finds a job in Canada) ? I will still be coming in to work in Canada everyday (we will live closer to the border).
Never file for a Citizenship Application earlier !!
Worst comes it will be refused and you would have wasted the effort .
Most likely when they check and find that no. of days < 1095 ..... even a single day short - they will send you a Residence Questionnaire with all sorts of document to provide and the time frame in this case is 6 months to 2 years .
Even in ordinary cases I would recommend to stay for a week > 1095 and then apply .... These few days can and will most likely turn out to be very expensive .
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Fido.
Your husband working and staying in the US would be weakest tie you have with Canada and the CIC is bound to consider this . Why take a chance and spoil a good application for a few months / weeks ?
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Fido.
Maybe you're right, We have filed for my husband's PR, and just has his AOR from Buffalo, nothing else. So maybe a good idea is to wait, and once he gets the PR, he can come live here with me, and commute to work daily.
It's just the long commute we wanted to avoid and live somewhere midway that unfortunately falls in US 
He is on H1B over there.
So you suggest not to trust the lawyer who says she will file right now for me, and I can still move to US with no problem? And on top of that with her fees, it's gonna cost us a fortune!
If you will browse into the forum , you will come across a person some years back who lived in Windsor for 1095 days while working in Detroit and commuting daily ..... And yet he came under a scanner and he withdrew his Application either after or close to meeting a Judge .
The figure of 1095 and physical presence is extremely important in a Citizenship Application and the CIC is extra vigilant as Immigrants are doing all sorts of things ...
If you come under a scanner , your Application would be delayed by 6 mos to 2 yrs .... and this can happen even after you have completed 1095 days as you have been frequenting the US ...... In case of a physical presence , you would even then be in a strong position as opposed to without it ....
Lawyers are to make money , the more you get stuck with them , the more they get .
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Fido.
Ohh okk. As long as my husband drives to US and not me, then I should be fine. However, I have traveled to US almost every weekend. I go Friday evening, and return Monday morning. So I count 3 days every week ???
Some of the weekend my husband visited me but that was rare. I do not have the exact dates, but I was thinking of putting an approximate number of 5-10 days per month being out of Canada.
Please do not use approximations , get actual dates ... You can request them from a US Agency for Entry ... Browse for more info .... In fact when CIC sends you a RQ , they ask you to contact this Agency and get a statement of your US visits ....
In citizenship Application form , you have to state dates of absence there and do not take a lackadaisical approach there ....
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Fido.
