Travel to South America and Visa/Green Card

[hestati 0]

Dear Visajourney, I need your help. Tried to look for an answer here, but did not find anything.

I am Canadian and finally got my CR1 visa, need to activate it before Nov 10th.

Few very important questions:

1. I am going to USA for few days on July 4th. Can I enter without activating my Visa?

2. On August 7th we are going to South America for about 5 months. The plan is the following:

- On August 7th, drive Montreal to Plattsburgh, activate my visa,

- Fly Plattsburgh-Miami-Lima

- In January 2015, fly Lima-LA and start my new life in USA (so I will not come back to Canada at all from South America)

Does it sound like a good plan? I will activate my visa, but will be outside of USA for about 5-6 months.

3. Taxes for 2014. Do I file in USA or Canada? I will have no income starting August 2014, so I will have 0 income as US resident for 2014?

4. Any other potential problems with either USA or Canada by doing all of the above?

Thank you very much!

[hestati 0]

Anyone please?

[Terry J 50]

Dear Visajourney, I need your help. Tried to look for an answer here, but did not find anything.

I am Canadian and finally got my CR1 visa, need to activate it before Nov 10th.

Few very important questions:

1. I am going to USA for few days on July 4th. Can I enter without activating my Visa?

2. On August 7th we are going to South America for about 5 months. The plan is the following:

- On August 7th, drive Montreal to Plattsburgh, activate my visa,

- Fly Plattsburgh-Miami-Lima

- In January 2015, fly Lima-LA and start my new life in USA (so I will not come back to Canada at all from South America)

Does it sound like a good plan? I will activate my visa, but will be outside of USA for about 5-6 months.

3. Taxes for 2014. Do I file in USA or Canada? I will have no income starting August 2014, so I will have 0 income as US resident for 2014?

4. Any other potential problems with either USA or Canada by doing all of the above?

Thank you very much!

1. If you enter the US on July 4th you will be required to use the visa/present the embassy packet. With the visa presented and processed at the POE, will you get the temporary green card stamped in your passport. As well you have 6 months from the date of issue of the visa to enter the US.

2. When you enter the US, it usually takes about 4-6 weeks to receive the physical green card at the US address they have on file for you. Note that the I-551 stamp in your passport is only good for a year as it is a temporary green card but that will cover your ins and outs of the US until you return in Jan 2015. Hopefully you'll receive the physical green card prior to your departure to SA.

3. For 2014, you will file what is called a departure tax return in Canada. It's a normal tax return and you will report all income earned for 2014 in Canada but you will also report that you are no longer a Canadian resident as of the date you were issued your visa. If you have RRSP's or TFSA's you need to get educated on how to handle them once you are no longer a Canadian resident for tax purposes because there are strict rules on how the IRS views both kinds of plans.

As well if you used your RRSP funds to purchase a home via the HBP you are required to repay the remaining balance in full or declare the balance as income on the 2014 tax return.

You are also required to file a 2014 tax return in the US even if you had no income via a joint tax return with your US spouse. Consult with a tax specialist if you are still unsure because the rules are aplenty.

4. The only potential stress is that you'll be out of the US for 5-6 months and you may get some additional questions when you return and face immigration at the airport.

Edited June 29, 2014 by Terry J