Moving to US from Toronto

[Edddie 0]

I received my immigration visa for my family last week (my wife, Son and myself - I am the principal applicant) and I am planning our move. I have read a lot of posts here but could not find answers to my questions, so here goes my list of questions:

1) My 23 year old son has a job offer to start work in US in two weeks but My wife and I want to stay back in Toronto for another two months to wrap up things. Can we go to a POE (let's say tomorrow) to just activate our immigration visas? Can we just turn around and come back to Toronto without really going to US? so that my son can fly to US individually two weeks later by himself?  Can we do this at the Pearson airport or do we have to go to Niagra?

 

2) We have our belongings that we plan to ship to US through a moving company. I understand we have to list them in a form 3299. Do we have to present the completed form at the POE when we show up tomorrow? or can I present it two months later when we move to US?

 

3) When we move to US in two months, I will be driving my own car that I plan to import to US. Do I need to put the car on the form 3299?

[Transborderwife 4,666]

You are required to be living in the USA when he enters or entering with him.  No family, no family reunification thus voiding the visa.  You're dancing on a fine line.

[Ontarkie 14,378]

Yes you can do that. Many people do that while finishing getting ready for their move. 

[Edddie 0]

I received two contracting replies here so I decided to ask for help from an online lawyer, hoping to receive just answers to my questions. 

After posting my questions and paying upfront, even the online lawyer was not able to answer my questions! so they refunded my payment.

I am now going to see an immigration lawyer in person to get my questions answered.

 

[Lemonslice 4,947]

You could all drive to Buffalo and have your son fly from there, you drive back to Toronto and return when ready; might be cheaper than consulting a lawyer. 

 

Car import has been discussed often, do a search with the maker's name, you should find instructions.  Note that to be able to export your car, it usually need to be paid in full [so that it is yours]. 

Edited May 25, 2017 by Lemonslice

[Edddie 0]

1 hour ago, Lemonslice said:

You could all drive to Buffalo and have your son fly from there, you drive back to Toronto and return when ready; might be cheaper than consulting a lawyer. 

 

Car import has been discussed often, do a search with the maker's name, you should find instructions.  Note that to be able to export your car, it usually need to be paid in full [so that it is yours]. 

Limeslice and others, thank you for the replies.

With Limeslice's suggestion the question still is there: Would the CBP officer be OK with us coming back to Canada the same day that we officially migrate to US? 

Regarding car import I have read many post that explain the detail but none say clearly if I need to put it on 3299 or not. I already know all the other details about car import.

 

Regarding 3299, I still don't know if I can present it later after the first time we go to the border.

[NikLR 13,231]

On 5/23/2017 at 8:45 PM, Edddie said:

I received my immigration visa for my family last week (my wife, Son and myself - I am the principal applicant) and I am planning our move. I have read a lot of posts here but could not find answers to my questions, so here goes my list of questions:

1) My 23 year old son has a job offer to start work in US in two weeks but My wife and I want to stay back in Toronto for another two months to wrap up things. Can we go to a POE (let's say tomorrow) to just activate our immigration visas? Can we just turn around and come back to Toronto without really going to US? so that my son can fly to US individually two weeks later by himself?  Can we do this at the Pearson airport or do we have to go to Niagra?

 

2) We have our belongings that we plan to ship to US through a moving company. I understand we have to list them in a form 3299. Do we have to present the completed form at the POE when we show up tomorrow? or can I present it two months later when we move to US?

 

3) When we move to US in two months, I will be driving my own car that I plan to import to US. Do I need to put the car on the form 3299?

1) Yes you can all immigrate at the same time but you do not need to move right away.  Some people choose to do this.  Be aware that the minute you become a US LPR you are no longer a resident of Canada and cannot use health care services so get some temporary insurance. 

 

2) the moving company will need the form with proof of your endorsed visa. 

 

3) No you are accompanying and importing the car yourself.  That is another can of worms. 

[Edddie 0]

NikLR, thanks for the reply.

 

Regarding:

"Be aware that the minute you become a US LPR you are no longer a resident of Canada"

Can you give a reference for this? Based on the definition for "resident of Canada" I am still a resident here in Canada as long as I live and maintain a home here, no matter what the stamp in the passport says. 

[NikLR 13,231]

22 minutes ago, Edddie said:

NikLR, thanks for the reply.

 

Regarding:

"Be aware that the minute you become a US LPR you are no longer a resident of Canada"

Can you give a reference for this? Based on the definition for "resident of Canada" I am still a resident here in Canada as long as I live and maintain a home here, no matter what the stamp in the passport says. 

There's many posts here about it dating back to when  I joined and before.  A US lpr must live and reside in the USA.  You cant claim to be a resident of Canada and a resident of the USA at the same time. You live in one country or the other.  People have called Health Canada and their provincial Health care (OHIP for example) and have gotten this same response. 

[Edddie 0]

NikLR, you seem to be contradicting yourself:

"you do not need to move right away"

"A US lpr must live and reside in the USA"

 

Here we are talking about the few days after I get my passport stamped with temporary green card and before my actual move to US. I think  for this period I am officially resident of both countries and that is allowed because their definitions for residency is different.

US considers you a resident as soon as you have the temporary green card stamp, and Canada considers you a resident as long as you physically live in Canada.

Am I missing anything?

Edited May 29, 2017 by Edddie

[NikLR 13,231]

Yes.  I'm saying you cant claim residency for health care purposes. Just because you are living in Canada doesn't mean you are a resident of Canada. 

 

I do understand that it does seem like I'm contradicting myself but im not.  If it takes you a few days or weeks to move after becoming a US LPR, that's acceptable.  People have even spent a few months and while it walks a fine line, it's acceptable provided you do not declare to be a resident of another country.  Doing so risks your US lpr status.  Canada does not provide healthcare to non residents.  Call yourself. 

[Edddie 0]

I go with what OHIP says:

https://www.ontario.ca/page/apply-ohip-and-get-health-card#section-2

 

As long as I have my primary home in Ontario (which is until the day I actually move) I still have health coverage.