Travel to Canada with expired green card and I-751 extension letter

[hope123]

Hello,

My I-751 joint petition is currently being processed. My GC has expired, biometrics done and I have received the 1 year letter of extension. My husband will be sent to Canada on business for a few months. Note that US is our primary residence with well maintained ties. We will also make arrangements for our mail just in case we hear from USCIS and I do not intend to be in Canada for over 2 weeks at a time until my new card arrives (because someone needs to take care of things back home here). How frequently am I allowed to travel back and forth with him? Any advice on precautions, etc. would be helpful.

Thank You!

[cafeconleche]

You can travel often if it's legitimate. The expired GC and the extension letter will be fine.

[hope123]

You can travel often if it's legitimate. The expired GC and the extension letter will be fine.

Thanks Just one more question, what do you mean by 'if it's legitimate' ?

[cafeconleche]

Well, if you're traveling as a tourist would to Canada. So, if you were to spend 5 months there, come back for a week, then spend another 5 months, then it would seem you'd be a resident of Canada, really, and not the US. If you're going for a week every month to see your husband, that shouldn't be a problem. Keep track of your trips so you can list them for naturalisation.

The reason I said legitimate is because you said for now, you won't be spending more than 2 weeks at a time abroad. How long do you plan on remaining abroad AFTER you get the physical card? If it's going to be an extended period, get a re-entry permit. Then you won't have to keep coming back for up to 2 years, though a break in continuous residence will affect naturalisation eligibility, not to mention physical presence requirements.

[hope123]

Well, if you're traveling as a tourist would to Canada. So, if you were to spend 5 months there, come back for a week, then spend another 5 months, then it would seem you'd be a resident of Canada, really, and not the US. If you're going for a week every month to see your husband, that shouldn't be a problem. Keep track of your trips so you can list them for naturalisation.

The reason I said legitimate is because you said for now, you won't be spending more than 2 weeks at a time abroad. How long do you plan on remaining abroad AFTER you get the physical card? If it's going to be an extended period, get a re-entry permit. Then you won't have to keep coming back for up to 2 years, though a break in continuous residence will affect naturalisation eligibility, not to mention physical presence requirements.

Thanks for your prompt response. My husband's work assignment will not exceed beyond 6 months. So, in totality I will probably not spend over 3 months in Canada even after my GC arrives. I am also being extra cautious about the time because of naturalisation.

[cafeconleche]

In that case, you can visit Canada freely. You don't need to limit your trip length just because you don't have the new card. When it arrives, you can use it the next time you travel. That's it.