CA citizen married to US citizen (PR in CA) want to move

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wvyw77WdNew Member
Topic author
Posts: 1
Joined: 13 Feb 2008

CA citizen married to US citizen (PR in CA) want to move

Post Wed Feb 13, 2008 5:08 pm

I hope someone can help me out. I have searched this forum and many more and can not find an answer to our situation.

My US citizen husband and I have been married almost 2 years (in Canada) and he became a PR in March 2007. Recently, we have been debating about possibly moving to California. I know that every PR needs to fulfill 2/5 years in Canada to keep status. However I have read on various websites that there is an exemption - if a PR is married to a Canadian citizen, time spent away from Canada can still be counted as time physically spent in Canada. Can anyone give me more information on this? How much time is allowed?

AND!

As a Canadian citizen, I can be a US visitor upto 6 months. IF I were to get a green card, can I then move to USA and live there, and if it doesn't work out come back to Canada without any consequences? I realize that I would lose OHIP and stuff, but if I ever wanted to come back and resettle, would there be problems?

Thanks!
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Post Thu Feb 14, 2008 5:08 am

Because your spouse has permanent resident status in Canada, you can petition and apply for a CR1 visa for you at your nearest US Consulate in Canada. It usually only takes a few weeks to process, and you will have a "green card" upon completion. This will allow you ot work and stay indefinitely in the US.

As for your husband's status in Canada, as long as he stays married to you and living with you, he will keep his Canadian PR. If you 2 separate or divorce, he loses his status if he is no longer living in Canada.
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