Introduction

The story of Sarah D. who married a U.S. citizen and ended up working in Toronto highlights the challenges faced by many in maintaining their U.S. permanent residency (Green Card) while living and working in Canada. This article provides a detailed guide on how to maintain your U.S. permanent residency even when significantly involved in a high-paying job in Canada. Whether you are a married American, a professional pursuing multinational opportunities, or simply balancing career and family, this guide will help navigate the complexities.

Understanding the Residency Requirement

As a U.S. permanent resident, your status requires you to maintain a residence in the United States. If you stay outside the U.S. for more than six months, you may be questioned about your intent to maintain your Green Card. The key here is to demonstrate continuous ties to the U.S. and avoid long-term absences.

Limiting Time Outside the U.S.

To maintain your Green Card, keep your time outside the U.S. limited to less than six months at a time. If you are abroad for more than six months but less than a year, you may face scrutiny. Regularly revisiting the U.S. can help reinforce your intent to maintain your permanent residency.

Filing U.S. Taxes

As a U.S. permanent resident, continuing to file your U.S. tax returns is crucial. Even if you are living in Canada, filing U.S. taxes shows your commitment to the U.S. and can help prevent issues with the IRS. It also helps with immigration status if you decide to return to the U.S. in the future.

Maintaining Ties to the U.S.

Maintain strong ties to the U.S. by keeping a U.S. address, bank accounts, and health insurance. If possible, keep a U.S. driver's license or other form of identification that demonstrates your status as a U.S. resident. This helps establish a continual connection to the U.S.

Regular Trips to the U.S.

Make regular visits to the U.S. to show your intent to maintain your residency. These visits can be for family events, attending school, or conducting business. Regular trips can help prevent the appearance of long-term absence and keep you connected to the U.S. community.

Consider a Re-Entry Permit

If you foresee being outside the U.S. for an extended period—more than a year—you can apply for a re-entry permit (Form I-131) before leaving. This permit allows you to remain outside the U.S. for up to two years without losing your permanent residency. This is a strategic move to avoid prolonged absences.

Consult an Immigration Attorney

Given your unique situation, consulting an immigration attorney is essential. An attorney can provide tailored advice and help navigate the complexities of maintaining your U.S. permanent residency while living in Canada. Immigration laws can be complex, and a professional can help ensure you comply with all requirements.

Communicate with Your Spouse

Since your spouse is a U.S. citizen, ongoing communication about your plans and intentions is crucial. Talking through how to balance your career goals in Canada and your commitment to the U.S. can help avoid misunderstandings and ensure that both you and your spouse understand the importance of maintaining your permanent residency.

Conclusion

Maintaining your U.S. permanent residency while working in Canada is challenging but achievable with careful planning and commitment. By following the steps outlined in this guide, you can successfully manage both your career and your residency status.