QUESTION: I have had a US green card since 1995, but have not been able to
apply for citizenship yet. My US citizen husband and I have applied for
Canadian permanent residence and will probably be approved. (We have been
notified that we do not need an interview, and we've had our medicals). If
I get the Canadian permanent residence do I have to give up the US Green
card? I would rather keep the US Green card, but he wants to acquire the
Canadian residence and we must submit our passports for processing at the
same time. I would be unable to apply for US naturalization before the one
year period between the medical and the final date for landing.
My questions are these: 1) Is it possible to extend the date of landing, or
the visa from Canada, in any way? 2) What are the ramifications of
acquiring permanent residence in Canada on a US green card just prior to
applying for naturalization?
---------------------------------------------------------------------------
david ingram replies:
Essentially, you have THREE years to move to Canada after receiving your PR
card for Canada.
To maintain your PR card is much simpler than maintaining your Green Card.
Since June 2002, Canada has only required you to live in Canada for 24
months out of each 60. Theoretically, you could live in Canada for 5 months
a year and the US for 7 months a year for the rest of your life and keep
both status situations alive.
However, the simple solution is to get that US naturalization going as soon
as possible (ASAP). You have lots of time to get it all together.
AND, AND, AND. You should get your US citizenship. Although it is hard to
believe, you might not like Canada five years form now and want to go back
to the US or your husband might die or you might even end up in a divorce
situation and find that you can not go back to the US if you have let your
green card go.
You can, of course, fill in form I-131 BEFORE you leave the US. This allows
you to leave the US with a green card and keep it alive. However, it has to
be renewed every year, is a lot more complicated to renew than a driver's
licence and the longest I have seen one renewed is 8 years.
Get your US citizenship first for your own peace of mind.
Hope this helps
You might want to phone the radio show tomorrow morning and get a verbal
assurance.
--------------------
Answers to this and other similar questions can be obtained free on Air by
david ingram on the last Sunday of each month.
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Those outside of the Lower Mainland will be able to listen on the internet
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Interest deductible.
I will be at the seminar following the last Sunday of the month.
------------------------------
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