Can I adust status as a Canadian visitor?

All questions and topics related to US work visas, immigration, etc should be posted here.

Moderators: Reba, visaplace.com

Christopher G. Rizzo, EsqCanuckAbroad VIP
Posts: 281
Joined: 17 Oct 2007
Location: Red Bank, NJ USA

Post Sat Dec 08, 2007 8:28 am

My apologies, I was thinking of a K-1 visa, not K-3.
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com
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hknopp33New Member
Posts: 6
Joined: 3 Dec 2007

Please Help ...Conditional Green Card Expired Re Entry visit

Post Thu Apr 24, 2008 12:19 pm

Hi again.do you think i have to relinquish my expired conditional resident green card expired last october to visit the u.s.a or is my canadian passport sufficient when i drive across the border? Please advise as I do not want any issues when driving across the border as a tourist. I was told by someone i needed to go to the border first to relinquish it sign papers and basically they would take me out of their system.
Then the next time i travel to visit in states i will be able to just use my canadian passport to visit the usa.
I appreciate your help. Please advise.
Thank you.
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cassieNew Member
Topic author
Posts: 5
Joined: 2 Dec 2007
Location: canada

I will receive will my green card in the mail in 2 weeks....

Post Wed Sep 17, 2008 11:49 am

Just an update.I had my interveiw and they told I would be receiving my green card in the mail in 2 weeks! I ended up coming down to the US and adjusting status here. As I mentioned before my I-130 was approved and yes you are allowed to adjust status just as long as you don't leave the US as that petition is pending unless you have advance palrole. Because I'm a Canadian Citizen I'm allowed to travel to the US with my passport and I also didn't have a I-94. When I filled the petition I-485 Adjustment of Status, there is a question about I-94 stamp.all I did was I wrote a letter stating that I'm a Canadian and I crossed the border with my passport and I didn't get I-94 stamp. Just want to let people know that yes you can do this without a lawyer. But you have to educate yourself and read info on uscis.gov
Good luck to all!
Cassie
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cassieNew Member
Topic author
Posts: 5
Joined: 2 Dec 2007
Location: canada

Post Wed Sep 17, 2008 11:51 am

Also I didn't get my K-3 visa.
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Re: Please Help ...Conditional Green Card Expired Re Entry v

Post Thu Sep 18, 2008 4:25 am

If your green card is expired and you have taken up residency in another country, you can no longer use it as ID for entry to the US. You can either mail it back to them explaining you are no longer a permanent resident, or you can hand it to them at the border when you cross.


hknopp33 wrote:Hi again.do you think i have to relinquish my expired conditional resident green card expired last october to visit the u.s.a or is my canadian passport sufficient when i drive across the border? Please advise as I do not want any issues when driving across the border as a tourist. I was told by someone i needed to go to the border first to relinquish it sign papers and basically they would take me out of their system.
Then the next time i travel to visit in states i will be able to just use my canadian passport to visit the usa.
I appreciate your help. Please advise.
Thank you.
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StevenCanuckAbroad VIP
Posts: 3635
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Post Thu Sep 18, 2008 10:37 am

cassie wrote:Also I didn't get my K-3 visa.


Did you get called for an interview?
Steve.
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CalGreenCardCanuckAbroad VIP
Posts: 245
Topics: 1
Joined: 16 Feb 2008

Re: Please Help ...Conditional Green Card Expired Re Entry v

Post Fri Sep 19, 2008 12:29 pm

Reba wrote:If your green card is expired and you have taken up residency in another country, you can no longer use it as ID for entry to the US. You can either mail it back to them explaining you are no longer a permanent resident, or you can hand it to them at the border when you cross.


Aren't you supposed to file Form I-407 with a US consulate outside the US if one wishes to abandon permanent residence? If one simply lets them take it at the border, one can get into a kind of limbo where the USCIS thinks you are no longer a permanent resident (and won't let you in on that basis anymore) but the IRS thinks you are and expects you to file tax returns. Better to file Form I-407 which provides much clearer documentation if the IRS ever tries to come after you.
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Post Sat Sep 20, 2008 7:01 am

I honestly don't know what the specifics are, I haven't handed mine in ever. Yet. Nor do I know anyone who has. I just know that you're supposed to notify USCIS that you no longer care to be an LPR and give them your card.

I suppose notifying the IRS probably ins't a bad idea, but I assumed it could be done with the next tax filing somehow.
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StevenCanuckAbroad VIP
Posts: 3635
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: Please Help ...Conditional Green Card Expired Re Entry v

Post Sun Sep 21, 2008 5:18 pm

CalGreenCard wrote:but the IRS thinks you are and expects you to file tax returns.


You have to file 1040-C, as well as potentially a ton of other bits of paperwork (dual-status return, tax treaty claim for the latter part of the year, etc.)

This one I know off by heart because my uncle was in exactly this situation back in the 1970s when he moved to the UK. He left the US, never surrendered his green card (never became a citizen after living in the US for many years because back then you couldn't be a dual citizen legally).

Roll forward a few years, he gets a letter from the IRS office in London and gets audited, and absolutely hammered with tax penalties.

I hardly know my uncle so you can tell how angry he was about it, because he always mentions it!
Steve.
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cassieNew Member
Topic author
Posts: 5
Joined: 2 Dec 2007
Location: canada

Post Mon Sep 22, 2008 12:39 pm

No I didn't get a call for an interveiw. They mailed me out a notice stating I have an interveiw and where and when to go to the interveiw. On the notice/letter it tell you what to bring with you to the interveiw.
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