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Filed: AOS (pnd) Country: Canada
Timeline
Posted

OK. So my fiance and I did our research and filed our K1 visa. Now I think I'm ready to ask questions about Canadian benefits and whether we made the right move or not.

My fiance is Canadian and lives in Vicgtoria and I'm American and live in Seattle. We've petitioned to bring my fiance here so that we can marry in the states and live here initially, but we only plan to be here for a few years (maybe 5 at the most). He is disabled and receives disability income which barely supports him. I am self employed but my income here in the states is enough to support us, so I'm not worried about that. My question has to do with his medical benefits and disability income. From what I understand, I need to prove that he will not become a "public charge" here in the states. I assume that means he won't be able to apply for disability income in the USA, is that right? Will he be able to continue collecting disability income from Canada? Will he be eligible for Canadian medical while he lives here? My guess has been "NO" to all of these, but we need to know the options. I do have medical insurance and expected I would just add him to my policy, but is a super lousy plan.

My father was Canadian so I've actually filed paperwork to obtain my Canadian citizenship which should take about 10 months, but like I said we just won't be in a position to move to Victoria for a few years. But once I receive that citizenship, will that mean we are both entitled to Canadian benefits even if we live outside of Canada? Sorry to sound like a greenhorn, but I guess this is what this website is about. Or is there a thread on this "benefits" topic already, or a way I can search for it, or even a book or pamphlet about benefits that I can find?

Thanks!!

"Yet those who wait for the Lord will gain new strength" (Isaiah 40:31)

4/27/2011 - Met online via ChristianMingle.com

6/4/2011 - Met in person (yippie ki yay!)

12/27/2011 - He proposed to me on China Beach (Vancouver Island) and was nearly swept away by a big wave!

12/30/2011 - Filed I-129

1/5/2012 - NOA1 text received

1/7/2012 - NOA1 letter received

6/15/2012 - NOA2 approval letter received

7/?/2012 - He got packets and sent them in (sorry...I didn't document the dates!)

8/16/2012 - He took his medical

8/30/2012 - Paid MRV fee - Consulate interview (Vancouver) will be on 10/1/2012

10/1/2012 - Approved for K1 Visa (after very brief interview)...HAPPY DANCE!!

10/27/2012 - POE (Port Angeles, WA)- Zipped through with ZERO problems!

10/28/2012 - Got fiance moved & U-haul unloaded...THANK YOU GOD!!

11/30/2012 - Wedding date set for Nov 30th...counting the days!

Filed: Citizen (apr) Country: Canada
Timeline
Posted

No more Canadian medical after you move to the USA. And if you moved away for your planned time it takes 3-6 months to get the Canadian medical back when you move back to Canada depending on where you live.

You are not entitled to Canadian benefits when not living in Canada.

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Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Filed: K-1 Visa Country: Wales
Timeline
Posted

Ouch

I think you have a lot to learn in life.

You say he is disabled, does he need continuing medication etc?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Canada
Timeline
Posted

No once your fiance moves he cannot receive Canadian benefits. You are required to cancel your medical once you move. If you come back it takes 3 months to get Canadian medical coverage back (in BC).

The only "benefit" you can get is EI, but since your fiance hasn't been working I don't think he would qualify (since he would have to be looking for work and it sounds like he is unable to do this due to his disability).

Filed: AOS (apr) Country: Canada
Timeline
Posted (edited)

No, Canadian public health insurance is only available to permanent residents of Canada, regardless of their citizenship. If he moves to the USA on a visa he ceases to be a permanent resident, and it takes 3-6 months to re-establish permanent residency if he moves back.

Edited by pocheros
Filed: AOS (pnd) Country: Canada
Timeline
Posted

No, Canadian public health insurance is only available to permanent residents of Canada, regardless of their citizenship. If he moves to the USA on a visa he ceases to be a permanent resident, and it takes 3-6 months to re-establish permanent residency if he moves back.

Thanks!

"Yet those who wait for the Lord will gain new strength" (Isaiah 40:31)

4/27/2011 - Met online via ChristianMingle.com

6/4/2011 - Met in person (yippie ki yay!)

12/27/2011 - He proposed to me on China Beach (Vancouver Island) and was nearly swept away by a big wave!

12/30/2011 - Filed I-129

1/5/2012 - NOA1 text received

1/7/2012 - NOA1 letter received

6/15/2012 - NOA2 approval letter received

7/?/2012 - He got packets and sent them in (sorry...I didn't document the dates!)

8/16/2012 - He took his medical

8/30/2012 - Paid MRV fee - Consulate interview (Vancouver) will be on 10/1/2012

10/1/2012 - Approved for K1 Visa (after very brief interview)...HAPPY DANCE!!

10/27/2012 - POE (Port Angeles, WA)- Zipped through with ZERO problems!

10/28/2012 - Got fiance moved & U-haul unloaded...THANK YOU GOD!!

11/30/2012 - Wedding date set for Nov 30th...counting the days!

Filed: K-1 Visa Country: Canada
Timeline
Posted

You may want to look into better health benefits in the US and/or ensure that the benefits you have will cover him suitably when he moves. If you health insurance is lousy, it might be very expensive to have benefits that will cover.

Removing Conditions

Sent package to VSC - 8/12/11

NOA1 - 8/16/11

Biometrics - 9/14/11

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

Not only can he not get Canadian benefits after he moves, he can not get any kind of US disability either, it falls under the public charge clause.

It would be up to you to have really good health insurance to pay for his expenses. Since you say you make enough for the financial contract, you shouldn't have any other problems.

USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

Filed: AOS (pnd) Country: Canada
Timeline
Posted

Not only can he not get Canadian benefits after he moves, he can not get any kind of US disability either, it falls under the public charge clause.

It would be up to you to have really good health insurance to pay for his expenses. Since you say you make enough for the financial contract, you shouldn't have any other problems.

That is pretty much what I figured (that he won't qualify for disability income from Canada and that he can't apply for it in the US) but I wanted it confirmed, so thank you! And yes, my income is not only sufficient but we also are working to launch a corporation together, which will allow him to work from our home to help run the business and handle all the marketing (his background).

My health insurance is decent and will cover us both while we live here in the states. I believe I read somewhere that we will just need to continue to pay for that policy for the three to six months while we live in BC, so I think we will be fine. Thanks again!!

"Yet those who wait for the Lord will gain new strength" (Isaiah 40:31)

4/27/2011 - Met online via ChristianMingle.com

6/4/2011 - Met in person (yippie ki yay!)

12/27/2011 - He proposed to me on China Beach (Vancouver Island) and was nearly swept away by a big wave!

12/30/2011 - Filed I-129

1/5/2012 - NOA1 text received

1/7/2012 - NOA1 letter received

6/15/2012 - NOA2 approval letter received

7/?/2012 - He got packets and sent them in (sorry...I didn't document the dates!)

8/16/2012 - He took his medical

8/30/2012 - Paid MRV fee - Consulate interview (Vancouver) will be on 10/1/2012

10/1/2012 - Approved for K1 Visa (after very brief interview)...HAPPY DANCE!!

10/27/2012 - POE (Port Angeles, WA)- Zipped through with ZERO problems!

10/28/2012 - Got fiance moved & U-haul unloaded...THANK YOU GOD!!

11/30/2012 - Wedding date set for Nov 30th...counting the days!

 
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