Renewal of temporary 2yrs green card based on marriage

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Renewal of temporary 2yrs green card based on marriage

Postby search4gk on Mon Nov 10, 2008 7:51 am

Hi, I am Canadian citizen and married to US citizen boy in March 25, 2007 and I applied for green card on Sep 15, 2007. I got temporary green card on Feb. 10, 2008.
My first question is that when I can apply for permanent green card since I will have been married for two years by March 25, 2009. How long will it take for this entire process? Does two year time period based on marriage anniversary(march 25,2007) or the day you get your temporary green card(sep 15, 2008)?

My second question is that since I am Canadian citizen and my husband is US citizen, we are planning to go back to Canada next year. I want to file Canadian immigration for my husband. Can I start now that process while living in US? So that it will be finished by next year the time, we will move and then he can start finding job as a permanent resident right way rather find job on work permit. Both we want to have dual citizenship (US, Canadian) for better future.
Do I have to be in Canada for certain period for applying for his immigration? I do not work right now, but I worked 8 years in Canada. Do I have to do a job in order to apply for his Canadian immigration or it is not requiring for spousal cases.
Could my permanent green card process and his Canadian immigration process go at same time? I do not want to lose my US permanent residency and his US citizenship because we are planning to move back to US after few years.
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Postby Steven on Mon Nov 10, 2008 9:18 am

It's a bad idea to move back to Canada until you've got your US citizenship. You cannot maintain LPR status in the US if you're living in Canada. He can't lose his citizenship regardless of where he lives, but you need to wait three years after getting your permanent LPR card before you can apply for US citizenship.

In addition if you have LPR status you have to file taxes in the country that gave it to you, so even if you left and kept your card, you would still have to file taxes as a resident of the US - but if you live in Canada you have to file taxes as a resident of Canada so you would be taxed twice unless you gave up US LPR status.

These are the instructions for renewing your PR card: http://www.uscis.gov/files/form/I-751instr.pdf

You have to apply within 90 days of the expiry date. So basically you have to apply after Christmas.
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Postby Reba on Mon Nov 10, 2008 3:42 pm

YOu apply to remove conditions at the 2 year anniversary of when you rec'd your green card, not your wedding anniversary.

You can apply for naturalization 3 years after your green card was issued, which includes the 2 years conditional status.

Wait until you have your US citizenship before you move back to Canada, because you can't keep your LPR status in the US if you leave, as Steven mentioned. So its going to be at least 4 years before you're back in Canada. Give or take a few months.

Once you have your citizenship in the US, you can start the process to sponsor your husband to Canada any time. If you apply "out-land" it usually takes about 6 months currently. Who knows in 4 years what the processing times will be though.

for info on marriage based immigration to Canada see the message forums at http://roadtocanada.com and the forms at CIC website http://www.cic.gc.ca/english/index.asp

for info on when to apply to remove conditions on your green card, and how and when to apply for naturalization, see the USCIS website http://www.uscis.gov/portal/site/uscis
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