Relocating to Canada while trying to maintain a US green card
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You have narrowed it down to a few options. I do see that you are evaluating them and doing it well. You are looking for a safe haven. Do it fast. The money you spend will be well worth your goals and needs from what I have gathered so far.
Time is running out and it is the most important factor, currently.
You cannot blame your hesitation on anyone.
You will then have to take it on your chin and then put up a bold front and smile too.
Currently you are smiling all the way.
"He who hesitates is lost".
Good luck.
Freddie.
Another suggestion that can serve your purpose.....
I am not a lawyer, so am not very sure on this and would suggest that you find out exact nafta rules. I would also recommend you to consult some good lawyer.
As you mentioned you are an IT pro, I guess it would work out for you.
- Apply for your wife's Canadian PR.
- In the interim, find out a job in Canada (many companies like satyam, wipro,TCS, syntel, igate etc have their presence in Canada).
Most important, ask these companies to hire you for their USA arm....this way you are their employee in USA and send out for work to Canada. Sicne you are employed in USA your stay in Canada will count towards your GC obligation to get USA citizenship.
- As soon as you get the job you can come to Canada and work since you have your GC. I am sure your wife will be able to join you as a dependent as I understand that GC holders can work in Canada under Nafta rules.
Try out this and to get such job you might have to compromise a bit on the pay (if you are making big bucks currently).
Thank you all for the valuable inputs.
I have some questions regarding Canadian permanent residence
1. Since I'm a US green card holder and that my daughter is a US citizen , should both me and my daughter be a part of my wife's Canadian permanent residence application ? I mean me and daugher can enter Canada without a visa and possibly even live there along with my wife. So is there any advantages if me and my daughter are a part of my wife's application , like medical care or other important benefits ?
2. Before starting my wife's Canadian permanent residence application, I was thinking of getting her Canadian visitor visa as well. Reason being, if her maternity leave is not extended in the US atleast my wife can enter Canada on visitor visa, while her Canadian PR is being processed. So can one enter Canada as visitor when their PR being processed ? Or can one enter Canada as a visitot and then start the PR process ?
Quote:
Originally posted by noname
Another suggestion that can serve your purpose.....
I am not a lawyer, so am not very sure on this and would suggest that you find out exact nafta rules. I would also recommend you to consult some good lawyer.
As you mentioned you are an IT pro, I guess it would work out for you.
- Apply for your wife's Canadian PR.
- In the interim, find out a job in Canada (many companies like satyam, wipro,TCS, syntel, igate etc have their presence in Canada).
Most important, ask these companies to hire you for their USA arm....this way you are their employee in USA and send out for work to Canada. Sicne you are employed in USA your stay in Canada will count towards your GC obligation to get USA citizenship.
- As soon as you get the job you can come to Canada and work since you have your GC. I am sure your wife will be able to join you as a dependent as I understand that GC holders can work in Canada under Nafta rules.
Try out this and to get such job you might have to compromise a bit on the pay (if you are making big bucks currently).
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DO as 'noname' says, as in the above. I did find a few cases that have accomplished what he says. They were from CA. They were here for a period of two years. They were with the big O. If you have any help in that direction, from any one of the above companies, you will succeed.
Failing which there is a solution at your end. You have the physical possession of all of the documents, such as GC, PP's visa stamps on them and the means of analysing the current status and a possible solution to it. Sitting here on the other side of the border, we are only providing you a 'possible' solutiuon to it. The 'actual' solution to it is on your side. Hence, please see a Good Lawyer who will see through the situation and provide you with a solution. The answer is in the status of your daughter and the PP that she has. Obtain the same first.
As I see time is not on your side. to accomplish{ 1. } See if she could revert back to the Visitors' status. Otherwise go back and return at a convenient time.
Good luck.
Freddie.
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1. Since I'm a US green card holder and that my daughter is a US citizen , should both me and my daughter be a part of my wife's Canadian permanent residence application ? I mean me and daugher can enter Canada without a visa and possibly even live there along with my wife. So is there any advantages if me and my daughter are a part of my wife's application , like medical care or other important benefits ? YES. Do not seperate the two of them. That will drop a flag.!
2. Before starting my wife's Canadian permanent residence application, I was thinking of getting her Canadian visitor visa as well. Reason being, if her maternity leave is not extended in the US atleast my wife can enter Canada on visitor visa, while her Canadian PR is being processed. So can one enter Canada as visitor when their PR being processed ? Or can one enter Canada as a visitor and then start the PR process ? COULD DO THAT. Not the latter.
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I would strongly recommend the following
1> Ur wife should retain her H1B status..
2> U should try and convert ur GC to citizenship so that u can file ur wifes application under a speedier category..
Since u recently had a kid , may be one of the options might to get parents on visitors visa to look after the kid or send the kid to india .. or u take some time off since u are already on GC, or send ur kid to india..
Getting Canadian PR for ur wife will not help her cause because.. If u live in canada for more than 6 months u will lose US GC, and INS has become quiet strict about this..
If ur wife gets PR she may be denied US visitors visa because her husband is US GC holder.
Dont try to cheat the system .. because the consequences can be bad...
Location: Western Hemisphere
Posted on: 09-04-08 10:53:09
Quote:
Originally posted by ftfl
If you can stay at a border city and get a job in Canada, with your qualifications then, after you get the job and immigrate to a city close by the border and commute back and forth each day like some of the Canadians are doing, then you can still qualify for the US Citizenship, as you already have a Green Card. I am sure all they want is your presence there to qualify for the remaining period of two years. You can have dual citizenship. Now you have to figure out the costs and tax implications to see if you are coming ahead in that game. This is a long shot and it also takes time for the immigration and landing a job. It is not for the near future and by that time you will be a US Citizen anyway.!
You have different scenarios in front of you. I know you have dome some of the analysis by yourself. See if any of the ones that I have provided here are good and to your liking and if so, are they feasible?
Put your thinking cap on.
Good luck.
Freddie.
Just want to throw in a little clarification. As a US GC holder, you can work in the US by living and commuting from a border town. However, if your primary residence is not US, you cannot earn time towards US citizenship. Every time you cross, your vehicle plates are photographed and the US and Cdn computers track your plates as "new" or "frequent traveler". Also, US very routinely swipes your passport/GC at the border and pretty soon everybody in the brother will know you are commuting. This will open more questions.
You will then be required to show your legal status in Canada and they may require you to switch over to the "Commuter Green Card" which is different in color and has a notation. You can always switch back to the normal GC if and when you decide to move back to the US.
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Dimple2001
In the past US did not care about people leaving on extended periods on a Green Card.
One of my friends parents used to come when evr they pleased on the GC. Sometimes they would be away for 3-4 years..
Last time they were warned and said either stay in the US or surrender GC and get visitors visa, they were also told if their gc was revoked they would be denied entry in the future on any visa..
They chose to surrender..
