Can Perm. Resident Work in Canada For One Year

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butlertl
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Joined: Sun Feb 12, 2006 9:01 pm

Can Perm. Resident Work in Canada For One Year

Post by butlertl » Mon Feb 18, 2008 10:19 am

I am a permanent resident of the US. My 2 year Green Card expired on 10/29/07. I applied for I-797 to remove conditional residence status and have been given a one year extension while it is processed. I have recently had my biometrics done for the I-797. I am married to a US citizen and therefore plan on applying for Naturalization on 07/29/08.

On January 5th I went to Canada to provide support to my younger son who was experiencing some health problems and took a job doing some consulting work at a hospital. I rented a furnished bachelor apartment and I have been coming home to Virginia every three weeks to visit my husband who lives in our family home and works in Washington, DC. I have filed a joint income tax return in US with my husband the last two years and will do so again this year (using Serbinski accounting services). Before I left in January I called USCIS to see if I needed to apply for I-131 Re-entry Permit and they said no as long as I returned before one year is up.

The hospital has now told me they like the work I am doing and have asked me to stay as long as I can.

My questions are:

Do I have to file both a Canadian and US income tax returns for 2008?
Am I considered to be residing outside the US on a continuous basis when I come home once a month and my house is still here in the US (I also have a doctor, dentist, bank account, drivers licence, in US and my husband and I have a boat in Maryland so my intentions are clear to stay here and my absence is temporary) If I stay in Canada for a year but come home every month for 3-4 days or a week am I considered to have one single absence for 1 year from the USA or is each trip considered a separate absence.
I have read that any officer at the border can take your Green Card away from you if they feel like it. Should I apply for the Re-rentry Permit anyways even if I decide to stay and work in Canada and return at exactly the one year mark? I would hate to be turned away at the border!!!
T Butler

nelsona
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Post by nelsona » Mon Feb 18, 2008 6:21 pm

I DEFINITELY would be applying for a Re-entry permit. CBP often acts quite rashly at the border, which could take months of work to undo. Entries from Canada to US are so poorly registered taht I would not be relying on them recording your quarterly trips.

Your tax Q's are best left on the tax forum.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

nelsona
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Post by nelsona » Mon Feb 18, 2008 6:22 pm

... and you could be crossing the border daily and they could still ask you (in roundabout way) where you SLEEP, and take your card.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

worryfreeinvestor
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Post by worryfreeinvestor » Mon Mar 16, 2009 1:36 pm

Nelsona, about the "sleep test": If I have a green card, sleep in Point Roberts WA every night, drive to Vancouver BC every day to my office and back to Pt Roberts after work, again and again, that I maintain continuous presence in U.S. and the clock to naturalization ticks just like if I never crossed outside the U.S.?

nelsona
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Post by nelsona » Mon Mar 16, 2009 7:11 pm

Correct
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

worryfreeinvestor
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Post by worryfreeinvestor » Mon Mar 16, 2009 9:32 pm

Thanks as always. Not that I expect anything dramatic to happen, but I'm very grateful I got my green card last year and nobody knows where the next pink slip will land do they? If I end up out on my kiester, it's nice to know I can look for work outside the Obama Nation, too, and return when the republic regains its senses.

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