K-1 visa and NOT importing the car at the POE

[kamaaina 4]

Hi guys,

My first post and a question right away. If this question is already asked and answered - my apologies as I could not find it.

I am in Vancouver, BC and my fiance will be flying here to have a road trip on our way to Arizona.

We are wondering if I am *required* to import my car at the point of entry when I will be activating my K-1. The reason why I would like to postpone it is that I might not get the compliance letter on time (fiance did not get much days off and we already have a scheduled flight etc).

I called the Blaine, WA border crossing and they seemed confused. Best answer I got was that they "suggest to import it right away because it will be problematic later". As to how problematic, they did not know. My plan was to go to the airport and formally import it there after my BC insurance expires.

Does anyone have any experience with this?

Thanks a lot

[Pitaya 2,577]

~Moved from K1 Process to Canada Regional Forum~

~Inquiry is country-specific~

[NikLR 13,228]

You legally cannot register the car if you don't import it. It's quite possible that you legally cannot drive it once you're no longer a resident of Canada or BC either. (You are no longer a resident of Canada when you activate your visa.) ICBC probably doesn't allow for non-residents to have insurance or be covered by them when not in BC or Canada, but check your autoplan broker to find out. It's quite possible you wouldn't be able to even drive the car because it's not insured and there's no way to insure it in the USA without importing and registering the vehicle. It's even possible that you cannot junk the car if it's in a wreck because it's not registered in the USA (it can be considered a donation and you legally can't donate a car that's not registered in the USA.)

There was a post about someone waiting to import their car, because legally you have a year to do so, who got into a wreck and wasn't covered. They couldn't get rid of the car without registering it and it was a huge hassle.

Edited April 24, 2016 by NLR

[B-2-Z 37]

It's better if you do it at the border, you should call the company and see if they'll fax/email/expedite you the letter, just explain the situation to them.

We imported our car at the border and we STILL had massive problems getting it registered in the US. Due to lack of communication between Canada-US, it took us almost a complete year to have it registered. The only reason we were allowed to use it was a loophole because my husband got a job in the oil field and we didn't really have a permanent residence. So, we temporary licensed it using out NS plates(ND allows this, not all states do.) Our Canadian insurance covered us for 30 days(TD insurance) in the US, and then for the rest of the time we had to pay an extra premium to have it registered. I can't even imagine the situation if we hadn't imported it at the time.

Edited April 24, 2016 by B-2-Z

[HollywoodNorth 22]

I had my autoplan/insurance agent verify that I would be covered during my move in a "reasonable amount of time" last week. That time being the time it takes to register the vehicle in California and switch to US insurance [for me its going to be 3-4 days after crossing the POE next week].

I talked to my US insurance agent and he was willing to cover my truck with BC plates as soon as it crosses the border. I'll probably take him up on that just to get a bit of overlap in coverage in case something happens during those 3-4 days.

If you can get the plates back to ICBC as soon as possible [after registering the vehicle in the US] you can get refunded on the unused portion of your policy as well.

Sorry to use the pun, but verify with your brokers to make sure... mileage will vary

[Ms Hogan 295]

If you don't import it at the POE then you will have to take the car back when you are ready to do so.

[kamaaina 4]

Thanks guys for the answers.

I spoke with my insurance broker and they said I will be covered under ICBC insurance as long as I am not working in the US...
According to Arizona, I must register the vehicle I am considered a resident. Isn't a K-1 visa really a glorified visitor's visa as I cannot work? According to the points, I do not qualify as a resident.

State law requires that you register your vehicle with the Arizona Motor Vehicle Division (MVD) immediately after establishing residency.

Residency in AZ is more than just having an Arizona address. The state considers you a resident if any one of the following situations applies to you:

• You obtain an Arizona driver's license.
• Your kids attend school here without paying an out-of-state tuition rate.
• You're employed in Arizona (seasonal agricultural workers exempt).
• You remain in the state for 7 months or more in one calendar year.
• You have an Arizona business that houses and operates vehicles here.
• You own an AZ business that transports people or goods in the state.
• You're registered to vote in AZ.

[Ms Hogan 295]

I don't want to sound rude but I wouldn't take only the word of your broker to see if you are covered. I would want to talk to your actual insurance company as well. Not just the guy who sells it to you!

I import cars in my business. I have a great customs broker in Blaine. Do you want her contact info? If yes, send me a message.

[NikLR 13,228]

Insurance in BC is different than in the other provinces. The brokers sell the insurance, but everyone has the same insurance. So everyone has ICBC. When you talk to the broker, you're essentially talking to the insurance company.

OP:

Every state is different which is why it's important to check. However, are you really going to drive back to the US/Can border to import your car later? I wouldn't even make that drive from Colorado again unless absolutely necessary. But theoretically if that's the case, then you could wait.

However perhaps your broker is unaware of the fact that you CEASE to be a Canadian resident when you activate your K1. If you did not specify that, then I would inquire again. So no, it's not a glorified visitor visa because with a visitor visa you continue to be a resident of your home country while you visit another. But in this case, you will no longer be a Canadian resident and you will be applying to become a US resident. During that time you have authorized stay in the USA and I believe that when you do your taxes you'd say you were a resident of the USA, not Canada.

If you returned to Canada, you'd need to take up residency in that province again and all that entails.

[kamaaina 4]

However perhaps your broker is unaware of the fact that you CEASE to be a Canadian resident when you activate your K1. If you did not specify that, then I would inquire again. So no, it's not a glorified visitor visa because with a visitor visa you continue to be a resident of your home country while you visit another. But in this case, you will no longer be a Canadian resident and you will be applying to become a US resident. During that time you have authorized stay in the USA and I believe that when you do your taxes you'd say you were a resident of the USA, not Canada.

Do you have any source for that? Because K-1 itself does not allow the person to do anything (such as claim residency) unless they do not marry their fiancé. In fact, the person is required to leave the country upon the visa expiration if the marriage has not occured. So how can a 3 month visa be considered a ground for residency?

My term with the insurance broker was an "immigrant visa" so I think that should cover it. K-1 however is not an immigrant visa, at least not _only_ was that K-1's nature is dual-intent (https://en.wikipedia.org/wiki/Dual_intent)

If you returned to Canada, you'd need to take up residency in that province again and all that entails.

Are you sure about this? I am actually a Canadian permanent resident and we would like to keep our options open to move to Canada.

I don't want to sound rude but I wouldn't take only the word of your broker to see if you are covered. I would want to talk to your actual insurance company as well. Not just the guy who sells it to you!

I import cars in my business. I have a great customs broker in Blaine. Do you want her contact info? If yes, send me a message.

It nevers hurts to double check

If you could send me the contact info, I'd be grateful. Thanks

[NikLR 13,228]

If yer an LPR, it's possibly different. For a canadian citizen this is how it works. Because we can always go back to Canada but they have rules about how you, as a PR, maintain your residency. Knowing exactly how it will work for you is pretty important.

[B-2-Z 37]

Insurance in BC is different than in the other provinces. The brokers sell the insurance, but everyone has the same insurance. So everyone has ICBC. When you talk to the broker, you're essentially talking to the insurance company.

OP:

Every state is different which is why it's important to check. However, are you really going to drive back to the US/Can border to import your car later? I wouldn't even make that drive from Colorado again unless absolutely necessary. But theoretically if that's the case, then you could wait.

However perhaps your broker is unaware of the fact that you CEASE to be a Canadian resident when you activate your K1. If you did not specify that, then I would inquire again. So no, it's not a glorified visitor visa because with a visitor visa you continue to be a resident of your home country while you visit another. But in this case, you will no longer be a Canadian resident and you will be applying to become a US resident. During that time you have authorized stay in the USA and I believe that when you do your taxes you'd say you were a resident of the USA, not Canada.

If you returned to Canada, you'd need to take up residency in that province again and all that entails.

This is what my insurance told me as well. We signed up for US car insurance through progressive(even though having foriegn plates) to guarantee we'd be covered in all situations. We did this in the hotel the night we crossed the border in ME.

Do you have any source for that? Because K-1 itself does not allow the person to do anything (such as claim residency) unless they do not marry their fiancé. In fact, the person is required to leave the country upon the visa expiration if the marriage has not occured. So how can a 3 month visa be considered a ground for residency?

My term with the insurance broker was an "immigrant visa" so I think that should cover it. K-1 however is not an immigrant visa, at least not _only_ was that K-1's nature is dual-intent (https://en.wikipedia.org/wiki/Dual_intent)

Are you sure about this? I am actually a Canadian permanent resident and we would like to keep our options open to move to Canada.

It nevers hurts to double check

If you could send me the contact info, I'd be grateful. Thanks

Generally to be a resident of a country you must reside there. A good rule of thumb is if you're a resident through CRA in Canada. http://www.cra-arc.gc.ca/tx/nnrsdnts/cmmn/rsdncy-eng.html Read carefully.

You should also look into the rules attached to your permanent residency in Canada before you make a move. http://www.cic.gc.ca/english/information/pr-card/apply-who.asp My hubby was considered to have abandoned his Canadian PR upon leaving the country since he will no longer meet this requirement; "When you are a permanent resident, you can live outside of Canada, but must live in Canada for at least two years in a five-year period. If you live outside of Canada for longer, you may lose your permanent resident status." It was obvious he would lose it since I wouldn't be eligible for US citizenship for a minimum of 3-4 years at best.

Edited May 6, 2016 by B-2-Z