1st time crossing border with new Visa

[canadianwife 0]

Hello!

I posted this in the main CR1 forum but have yet to receive any replies...

I have my CR1 visa and will be officially moving to the US in September, but I'm going on a 1wk vacation in July.

Do I have to do the immigrant processing in July? or can I wait it out until Sept?

[Flames9_RN 358]

with a cr-1 (or ir-1) u can do it now, and travel back and forth all u want!!! Not sure you would want to wait to Sep. But I'm sure you could try and not use it. but why not just do it and get it over with and start the paperwork rolling. With luck, your SSN may actually arrive without u having to go to the SSN office and ur greencard will arrive as well to the provided USA address. One can use the "visa" in ur passport for up to 1 year, or until ur actual greencard arrives.

[elsoar 3]

I'm wondering the same thing. As for reasons for wanting to wait, I'm more concerned that they (although maybe not the border guard) might want us to wait: on the immigrant side, are there really no concerns about "landing" in the US before you actually intend to take up residence there? On the sponsor side, we've promised to be domiciled in the US when the immigrant lands, but could still be in the "reestablishing" stage...

[SomberCat 0]

We came up with the same issue over the weekend. My husband will be moving at the end of August, but a few days before the move, we were planning on him coming down to pick me up. This way I can ride back up with him (leave my vehicle in the US) and drive his car back down on moving day (he'll be driving the moving van). Over the weekend, he asked me how that would work since he would have to activate his visa on the trip down to pick me up. I was clueless.

He'll be somewhat in a hurry on the day he drives down to pick me up and it would be great if he didn't have to go through the whole process at that time. However, if it would be okay for him to get the process done that day, it would surely save time on moving day as there will be three of us "caravaning" with lots of items.

I'm having a hard time wrapping my head around this one. If you don't activate the visa, then how would you get through the border since your passport will obviously be in a package that you're not supposed to open? If you do activate the visa, do they give you any issues on moving day?

[JillA 2]

We came up with the same issue over the weekend. My husband will be moving at the end of August, but a few days before the move, we were planning on him coming down to pick me up. This way I can ride back up with him (leave my vehicle in the US) and drive his car back down on moving day (he'll be driving the moving van). Over the weekend, he asked me how that would work since he would have to activate his visa on the trip down to pick me up. I was clueless.

He'll be somewhat in a hurry on the day he drives down to pick me up and it would be great if he didn't have to go through the whole process at that time. However, if it would be okay for him to get the process done that day, it would surely save time on moving day as there will be three of us "caravaning" with lots of items.

I'm having a hard time wrapping my head around this one. If you don't activate the visa, then how would you get through the border since your passport will obviously be in a package that you're not supposed to open? If you do activate the visa, do they give you any issues on moving day?

Your passport isn't part of the "do not open" package. The passport comes to you seperately from that envelope.

[SomberCat 0]

Aaahhh, I didn't realize that. I thought everything was in one big package. Hmmm... that makes it a little different then. Thanks much for the info!

[Flames9_RN 358]

1 has 10 years to move thier personal belongings to the USA. If your going to visit in July and not move till Sept, there really is no harm on just activating the cr-1 (ir-1) visa now. It starts the process rolling now. The stamped passport on the "visa" page will act as ur temporary greencard. The cr-1 is a multiple entry visa (yes not the proper terms, but easier to understand,lol) there have been many VJ members that activate their CR-1 (ir-1) at the POE then immediately turn around and head back to Canada, which is perefectly allowed.

[elsoar 3]

there have been many VJ members that activate their CR-1 (ir-1) at the POE then immediately turn around and head back to Canada, which is perefectly allowed.

Thanks for this reassurance. Another concern I have regards the provincial health care and US driver's licenses. When you move somewhere you have to trade in your driver's license within 30 days. Won't the US state consider the initial entry (becoming a permanent resident) to be when you moved there, and therefore the start of the 30 days? If not, what evidence do you give of the date that you moved there/how do they determine that? We'll be entering the US this Friday but not actually moving until September 1, much longer than 30 days. Further you can't be living two places at once, so then if landing in the US means you are (or should be) resident there, then wouldn't that affect your provincial health care? Maybe I am just overthinking all this... Getting the green card and SSN earlier certainly sound good to me, and my husband does say I should stop worrying about it...

[Carlawarla 1]

there have been many VJ members that activate their CR-1 (ir-1) at the POE then immediately turn around and head back to Canada, which is perefectly allowed.

Thanks for this reassurance. Another concern I have regards the provincial health care and US driver's licenses. When you move somewhere you have to trade in your driver's license within 30 days. Won't the US state consider the initial entry (becoming a permanent resident) to be when you moved there, and therefore the start of the 30 days? If not, what evidence do you give of the date that you moved there/how do they determine that? We'll be entering the US this Friday but not actually moving until September 1, much longer than 30 days. Further you can't be living two places at once, so then if landing in the US means you are (or should be) resident there, then wouldn't that affect your provincial health care? Maybe I am just overthinking all this... Getting the green card and SSN earlier certainly sound good to me, and my husband does say I should stop worrying about it...

Driver's licenses are a State issue, not a federal one, so you'd have to look at your State DMV website to see what they'd say. So...even if you have a State DL, you can still drive back to Canada. As well, if the time frame is only from July to September, it's not that long anyway, so I wouldn't worry either. Are you going to be coming down, then leaving right away and returning to Canada for several months? Or are you coming down, and just going to be communting for several months? That might make a difference.

Yes, if you're moving, it's going to affect your provincial health care, but only when you tell them. If you move to the US, get your GC and SSN, you'll be on your husband's health care I assume? Then you'd not have to worry about health care back in Canada.

[trailmix 77]

there have been many VJ members that activate their CR-1 (ir-1) at the POE then immediately turn around and head back to Canada, which is perefectly allowed.

Thanks for this reassurance. Another concern I have regards the provincial health care and US driver's licenses. When you move somewhere you have to trade in your driver's license within 30 days. Won't the US state consider the initial entry (becoming a permanent resident) to be when you moved there, and therefore the start of the 30 days? If not, what evidence do you give of the date that you moved there/how do they determine that? We'll be entering the US this Friday but not actually moving until September 1, much longer than 30 days. Further you can't be living two places at once, so then if landing in the US means you are (or should be) resident there, then wouldn't that affect your provincial health care? Maybe I am just overthinking all this... Getting the green card and SSN earlier certainly sound good to me, and my husband does say I should stop worrying about it...

I think your Husband is right on this one

For the driver's license - why would the State consider your initial entry to be when you entered the U.S. with your new visa? You say when you 'move' there - but really you are not 'moving' yet. Your residence will still be in Canada. If need be you can always show them utility bills or whatever you have to show you were still living in Canada.

As for Provincial Health Care, you don't want to mix U.S. rules with Canadian ones on this - I am sure that your Province does not care that you now have a U.S. visa, therefore the fact that you are living in Canada will be good enough for them.

Edited June 30, 2009 by trailmix

[elsoar 3]

Are you going to be coming down, then leaving right away and returning to Canada for several months? Or are you coming down, and just going to be communting for several months? That might make a difference.

Yes, if you're moving, it's going to affect your provincial health care, but only when you tell them. If you move to the US, get your GC and SSN, you'll be on your husband's health care I assume? Then you'd not have to worry about health care back in Canada.

In our case, we are going down to visit my parents this weekend (we both live in Canada and did DCF) just for the weekend, then going for another weekend visit at the beginning of August (possibly other visits in between if the job search warrants it) and then actually moving the last week in August or on September 1.

Since we are both moving to the US together, we don't have health care arranged there yet.

[elsoar 3]

I think your Husband is right on this one

For the driver's license - why would the State consider your initial entry to be when you entered the U.S. with your new visa? You say when you 'move' there - but really you are not 'moving' yet. Your residence will still be in Canada. If need be you can always show them utility bills or whatever you have to show you were still living in Canada.

Thanks, trailmix. I guess I am just concerned that you are not supposed to be a US permanent resident unless you actually live there (thus the risk of losing your green card if you leave for too long and then try to reenter, right? or the need to get a reentry permit), but here we are thinking to activate the visa before we actually intend to live there. well, I guess we can always ask the border patrol this weekend if nothing else!

[Flames9_RN 358]

believe 1 can leave for up to 6 months with no problem

[canadianwife 0]

Thanks for the help - as long as I'm able to 'activate' the visa, then come back to canada for a month or two without any penalties for being outside the US, I will most likely active it before my vaca in two weeks. I suppose I can always ask the immigration officers when I arrive on my vaca.

Ach, so many things to think of! My brain hurts.

[Flames9_RN 358]

A month or two isnt a big deal at all.