US citizen petition for wife as Canadian PR, big problem?

[maisflocon]

Hi all,

 

I got my US citizen late last year. Shortly after that, my wife and I got our Canadian Permanent Residents. I applied for Canadian PR a few in 2005. At the time, a Canadian lawyer told me that having Canadian PR status will not affect US PR status and that getting Canadian PR is quick. I did it in case if US citizenship application get held up, we have a way to be close to each other.

 

Here comes the main question: Now that I am ready to petition for her to go to the US (by doing DCF in Canada), will our status as permanent residents in Canada raise red flags with the officer? Will they question why I applied for Canadian Permanent Residents while I was still a GC holder?

 

Thank you.

[dnoblett]

You are now a US citizen correct? Only a US Citizen can file an I-130 DCF, If not a citizen, then you are LPR and can only file I-130 to USCIS in the USA. LPR cannot file for a K-Visa because only a US Citizen can file an I-129F.

 

Another issue I see is the fact that you became a Canadian Resident While you were a US Green-card holder, a green-card holder looses LPR status when they move to another country and takes residence status in the other country.

 

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

 

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.
   
  
• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
   
  
• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
   
  
• Fail to file income tax returns while living outside of the US for any period.
   
  
• Declare yourself a ¡°nonimmigrant¡± on your tax returns.
  

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[Randy W]

Give it a break, Dan - he's a US citizen, and that will not be revoked because he lived/s in Canada.

 

What are the ways you can lose citizenship? Treason? Anything else?

 

I got my US citizen late last year

 

I don't see any issue, but if they ask, you have an answer.

 

He hasn't been "found to have abandoned your permanent resident status ".

Edited January 22, 2009 by Randy W (see edit history)

[maisflocon]

I lived in the states when I was a green card holder. Have only moved to Canada to be with my wife as much as possible and I did not obtain my Canadian permanent resident until after I am a US citizen.

[LeeFisher3]

I lived in the states when I was a green card holder. Have only moved to Canada to be with my wife as much as possible and I did not obtain my Canadian permanent resident until after I am a US citizen.

A USC doesn't have any penalty for receiving a permanent resident card in another country, if you had received this before you became a citizen it could have caused an issue with your citizenship after the fact because the US does not allow Green Card holders to maintain dual permanent resident status with another country and Canada is extreme about this as well.

 

As for DCF you shouldn't have any problem especially if you have a domicile in the US.