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I131/Abandonment of residency

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  • I131/Abandonment of residency

    I am a Canadian living in the US with a green card contemplating a temporary return (for 1-2 years) to Canada. I understand that I can file for a re-entry permit with a I-131.

    I also understand that despite having a I-131 re-entry permit filing US tax returns as a non-resident creates a presumption of abandonment of residency. Other than that what other red flags can create that presumption? I have been told that were I to use the Canadian health care insurance system while in Canada would create that presumption as well. Can anyone verify that?

  • #2
    I am a Canadian living in the US with a green card contemplating a temporary return (for 1-2 years) to Canada. I understand that I can file for a re-entry permit with a I-131.

    I also understand that despite having a I-131 re-entry permit filing US tax returns as a non-resident creates a presumption of abandonment of residency. Other than that what other red flags can create that presumption? I have been told that were I to use the Canadian health care insurance system while in Canada would create that presumption as well. Can anyone verify that?

    Comment


    • #3
      How will you be maintaining the US as your permanent residency?

      Comment


      • #4
        We have a site with a travel trailer, which meets the definition of a legal residence, in the US.

        Comment


        • #5
          We don't want to cross the border back into the US and create situations that raise red flags, For example, having a Canadian health care card or Canadian driver's license.

          Comment


          • #6
            You might be able to get another immigrant visa to re-enter the U.S. if & when you want to live here permanently again. This assumes you would still be eligible under your original basis of eligibility at that time, and may require a new petition being filed for you at that time. However, if you naturalize before moving abroad again, then you don't have any of these concerns or complications.

            Just some other ideas for you to consider.

            Comment

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