Canadian w/ disability engaged to USC: options?

[frylock 1]

Thanks for replying. Re: SSDI, what you're saying runs counter to what I've seen, but it's entirely possible that I'm wrong, or missing some aspect of the whole picture. In any case, it seems like I'll have to let go of trying to adhere to a timeline. I'll take your advice and do some more reading.

[NigeriaorBust 4,087]

http://www.ssa.gov/pubs/EN-05-10029.pdf There is the manual , as you can see her work doesn't count towards you getting benefits unless she is the one disabled. You may be think SSI http://www.ssa.gov/pubs/EN-05-11051.pdf But you can't claim that for the first 5 years and you may be above the income level with a wife that works.

[frylock 1]

Ah, that must have been my mistake. Thanks for clarifying. Everybody here has been extremely helpful in determining my next steps.

[Bonnie&Bob 33]

Who ever told you that your disability will cease from Canada when you move to the US doesn't know what they are talking about. Canada has an agreement with the US on these matters. Your Disability will NOT change. You are required to give them your new US address after you become a permanent resident and not before. I am on a disability pension, married to a US citizen, and contacted all the appropriate services to find out what to do including Revenue Canada. You are required to notify Revenue Canada as soon as possible to stop future payments of HST cheques as soon as you become a permanent resident of the USA. If not you will be required to repay all the moneys paid to you after your departure date & living in the US. Also, you disability income is used on your AOS form I-864 that will be joined with your spouse/fiances income. You are not entitled to receive disability from the US, only from Canada. Hope this helps but in future enquiries of anything government call them directly and ask so you get a straight answer. That's what they're there for.

[Melibelle 10]

Btw, just something to be careful of regarding long visits to the US - if you stay more than 6 months in a year (or 6 months over the past 3 years based on a formula) you have accrued "substantial presence" in the US and are considered a resident for tax purposes. There's a "closer connection to a foreign country" form that you could fill out to get out of paying taxes, but once you start filing for residency, you're no longer eligible for that exclusion.

See here:

http://www.irs.gov/Individuals/International-Taxpayers/Substantial-Presence-Test

and here:

http://www.irs.gov/Individuals/International-Taxpayers/Conditions-for-a-Closer-Connection-to-a-Foreign-Country

[frylock 1]

Your Disability will NOT change. You are required to give them your new US address after you become a permanent resident and not before. I am on a disability pension, married to a US citizen, and contacted all the appropriate services to find out what to do including Revenue Canada. You are required to notify Revenue Canada as soon as possible to stop future payments of HST cheques as soon as you become a permanent resident of the USA. If not you will be required to repay all the moneys paid to you after your departure date & living in the US. Also, you disability income is used on your AOS form I-864 that will be joined with your spouse/fiances income. You are not entitled to receive disability from the US, only from Canada.

Wow, this comes as a shock. Just wondering -- do you plan to become a US citizen, and, if so, what happens then? I thought I'd be rejected immediately if the US government suspected I would become "a charge of the state".

Edited August 11, 2014 by frylock

[frylock 1]

Btw, just something to be careful of regarding long visits to the US - if you stay more than 6 months in a year (or 6 months over the past 3 years based on a formula) you have accrued "substantial presence" in the US and are considered a resident for tax purposes.

I was aware of this, but thanks for pointing it out, anyway. It's good to have a lot of solid information in one thread. Considering how much I feel like a fish out of water, I'm grateful for the help.

[Bonnie&Bob 33]

I have no plans of becoming a citizen. Doesn't change a thing except not able to vote which doesn't bother me. Got ahusband that harps enough as a die hard republican that keeps me informed daily...lol. My sister also has never changed her citizenship but her husband became a citizen for government work purposes.

[frylock 1]

So... just to clarify, I can get a green card and stay on ODSP after we're married?

I promise I'm not trying to get people to do my work for me . . . just the thought of doing something improperly and not being able to immigrate scares me.

Edited August 11, 2014 by frylock

[Rob L 3,811]

Who ever told you that your disability will cease from Canada when you move to the US doesn't know what they are talking about. Canada has an agreement with the US on these matters. Your Disability will NOT change. You are required to give them your new US address after you become a permanent resident and not before. I am on a disability pension, married to a US citizen, and contacted all the appropriate services to find out what to do including Revenue Canada. You are required to notify Revenue Canada as soon as possible to stop future payments of HST cheques as soon as you become a permanent resident of the USA. If not you will be required to repay all the moneys paid to you after your departure date & living in the US. Also, you disability income is used on your AOS form I-864 that will be joined with your spouse/fiances income. You are not entitled to receive disability from the US, only from Canada. Hope this helps but in future enquiries of anything government call them directly and ask so you get a straight answer. That's what they're there for.

This makes total sense, it would be the same for a US SSI recipient ( whether retired or disabled) where you live in the world does not impact your benefit.

[Rob L 3,811]

So... just to clarify, I can get a green card and stay on ODSP after we're married?

I promise I'm not trying to get people to do my work for me . . . just the thought of doing something improperly and not being able to immigrate scares me.

I would check with ODSP so you know your options

[gwenstar 66]

This makes total sense, it would be the same for a US SSI recipient ( whether retired or disabled) where you live in the world does not impact your benefit.

Exactly - my husband and I are planning on moving to Canada when we retire - I will be able to get my SSI payments living there because it is based on my work here in the US, not where I end up living. And of course by that time, he will also have been working in the US long enough to get SSI himself.

I am not familiar with disability in Canada - however through Service Canada, if a Canadian citizen moves to the US (say to be with a family member) they can still be eligible for EI under the same conditions as if they were still in Canada. I know EI and disability are different, but I just wanted to share our experience with the Service Canada/EI and my Canadian still being able to collect money from Canada while he is here with me now.

[gwenstar 66]

http://www.servicecanada.gc.ca/eng/services/pensions/cpp/receiving.shtml

I don't know if that information would be helpful. Definitely give them a call and I am sure they will get you all the information you need about whether you can stay on Canadian disability after moving here.

Wishing you the best!

[Ontarkie 14,227]

Who ever told you that your disability will cease from Canada when you move to the US doesn't know what they are talking about. Canada has an agreement with the US on these matters. Your Disability will NOT change. You are required to give them your new US address after you become a permanent resident and not before. I am on a disability pension, married to a US citizen, and contacted all the appropriate services to find out what to do including Revenue Canada. You are required to notify Revenue Canada as soon as possible to stop future payments of HST cheques as soon as you become a permanent resident of the USA. If not you will be required to repay all the moneys paid to you after your departure date & living in the US. Also, you disability income is used on your AOS form I-864 that will be joined with your spouse/fiances income. You are not entitled to receive disability from the US, only from Canada. Hope this helps but in future enquiries of anything government call them directly and ask so you get a straight answer. That's what they're there for.

Not completely true, it depends if he gets federal disability or provincial. Federal you pay into and that is why you can continue to get it after you move. It's like getting your pension after you retire.

Wow, this comes as a shock. Just wondering -- do you plan to become a US citizen, and, if so, what happens then? I thought I'd be rejected immediately if the US government suspected I would become "a charge of the state".

My daughter was on ODSP when we moved she was not entitled to it. Just like if you moved from Ontario, to another province you have to re apply for disability again.

http://www.mcss.gov.on.ca/en/mcss/programs/social/odsp/info_sheets/what_odsp.aspx

How do I know if I’m eligible for ODSP income support?

You may be eligible for ODSP income support if you:

are 18 years of age or older

live in Ontario

are in financial need, and

are a person with a disability as defined under the ODSP Act.

Edited August 11, 2014 by Ontarkie

[frylock 1]

Not completely true, it depends if he gets federal disability or provincial. Federal you pay into and that is why you can continue to get it after you move. It's like getting your pension after you retire.

This is more in line with what I know to be true. Sucked to get my hopes up, but it could be worse.