Can Perm. Resident Work in Canada For One Year

butlertl · 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!!!

nelsona · 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 · 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.

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

Correct

worryfreeinvestor · 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.