Can I enter the US to activate my CR1 and return to work in Canada while I apply for jobs in the US?

[torontoim 19]

I found out that my CR1 visa is approved which is fantastic news! I am a Canadian citizen married to a US citizen spouse. 

 

I understand once you approach the US customs, your visa gets stamped if you pass the Port of Entry screen and you effectively become a US permanent resident after that point. Per the slip I received at my spousal visa interview in Montreal, at that moment my visa is stamped, my green card and Social Security Number will be processed and sent to my intended US address within 30 days. 

 

I am trying to be pragmatic about the moving process but want to make sure I don't jeopardize my green card in the process. I've already given notice to my employer in Canada of my plans to immigrate to the United States. I would like to avoid a dead unemployment period if possible. My thought is to go to the Port of Entry, get my green card and social security number activated, and then return to Canada to work while I send out job applications to US employers in my field. The idea being that I could then make a firm move with a job in-hand as soon as possible. I'd preferably like to travel to see my wife often on weekends if possible while keeping my Canadian employment until I get a job in the US. 

 

I am unsure whether me going back to Canada and doing this would be seen by US customs as me not intending to immigrate to the United States (which couldn't be further from the truth). After waiting over a year for this process to be completed, I want to do it by the book. I just want to know if my plan is a practical one that would be acceptable to the US Customs officials if I explain it to them. If they see me crossing the border frequently while I try to procure employment in the US but keep my employment in Canada to continue to provide for my wife and save for our lives, would that cause problems for me? If it does, I'll make the clean break and just move without a job, but I would love to be able to keep employment consistent throughout my transition if possible for practical life reasons. 

 

If anyone has been in my position and has any valuable experience or advice to share, I'm all ears! Thanks!

Edited August 10, 2018 by torontoim

[EM_Vandaveer 2,408]

It's fine to do this as long as you don't stay out of the US for longer than 6 months at a time (and more than 6 months for any 12-month period) once you've activated your immigrant visa.

[mlh 93]

My husband did something similar when he got his GC.  He came over and activated his visa in July 2015, and helped me move into our new house.  Then he went back to the UK to work until November to satisfy his contract with his employer, and then moved over permanently in Nov 2015.

[pushbrk 12,911]

No problem, particularly since you'll be in the US frequently anyway.  Do keep track of each trip and number of days outside the US though, as you will be required to provide that information as part of any application for citizenship.  You may not plan to ever become a US Citizen, but plans often change over time.

[Dee elle 1,368]

I did the same thing.. in order to complete my contract.. though it was for one 10 week period only , not a series of ours and ins.. I would imagine if you were still working in Canada 12 months after the initial POE you might get some  questions about whether you are living as an LPR in the US or just visiting on your GC. 

[pushbrk 12,911]

For people from border towns, it's not uncommon for the Canadian to keep their job long term and come home every night.  The individual circumstances rule the day on this issue.

[Jojo92122 1,924]

Green card holders are taxed on worldwide income.  Remember to report your Canadian income on your US tax return as required.  Make sure that work and Canada understands that you will not be a Canadian resident after you activate your green card.  

[Lemonslice 4,860]

Canadian spouses on VJ have been eligible to receive EI - you might want to check with Service Canada how much you would get and for how long.  Depending on your job, it might be similar to salary-(expenses of maintaining two households+international health insurance+travel costs).  There's thread in the Canada subforum with details on how to apply.  Plus, being local usually helps when looking for work.

Edited August 10, 2018 by Lemonslice

[torontoim 19]

9 hours ago, Dee elle said:

I did the same thing.. in order to complete my contract.. though it was for one 10 week period only , not a series of ours and ins.. I would imagine if you were still working in Canada 12 months after the initial POE you might get some  questions about whether you are living as an LPR in the US or just visiting on your GC. 

Yeah there’s no way I’d be here longer than a couple of months at maximum. I could see how staying for that long would bring up questions and I don’t intend to be in that position at all.

 

9 hours ago, Jojo92122 said:

Green card holders are taxed on worldwide income.  Remember to report your Canadian income on your US tax return as required.  Make sure that work and Canada understands that you will not be a Canadian resident after you activate your green card.  

Right, I’ve read this. This would only be effective from the date I activate the green card correct? For any Canadians reading, does informing my employer that I will not be a Canadian resident once I activate the visa effectively mean I’m informing the government as well? That would seem to have implications for my Canadian benefits such as the universal healthcare access I’m currently entitled to. Do you immediately void those benefits upon activating the visa?

 

8 hours ago, Lemonslice said:

Canadian spouses on VJ have been eligible to receive EI - you might want to check with Service Canada how much you would get and for how long.  Depending on your job, it might be similar to salary-(expenses of maintaining two households+international health insurance+travel costs).  There's thread in the Canada subforum with details on how to apply.  Plus, being local usually helps when looking for work.

That’s intriguing. I’ll definitely take a look at that. Thanks!

[NikLR 13,227]

I agree with lemonslice about looking into EI.  My EI payments were only slightly less than my first few paychecks down here.  😑

 

Also understand that you will not be eligible for any healthcare in Canada and will need to purchase private insurance.

 

 As Jojo mentioned, you will need to be taxed as a non-resident.  

 

Keep in mind that the endorsed Visa is a green card so there'sno need to wait for the hard copy, and while entry should cause the SSN to be produced, that often it is not and we have to go to an SSA office to get it processed ourselves. 

[NikLR 13,227]

When you become a resident of the USA you are no longer a resident of Canada. 

[Dee elle 1,368]

As you a are marrying a USC you will have the first tax year option of being considered a US tax resident for either the whole year or just from the POE date.. full year means declaring and claiming exemption for Canadian income for the whole year but allows the the usually beneficial filing as MFJointly.. you will need to run the numbers both ways.. 

[pushbrk 12,911]

29 minutes ago, NikLR said:

When you become a resident of the USA you are no longer a resident of Canada. 

In the eyes of the US.  Canada has different standards for residency requirements associated with Canadian Citizens.

[mnlvj8891 1]

14 hours ago, pushbrk said:

No problem, particularly since you'll be in the US frequently anyway.  Do keep track of each trip and number of days outside the US though, as you will be required to provide that information as part of any application for citizenship.  You may not plan to ever become a US Citizen, but plans often change over time.

How is it possible to keep track of how many times you leave the US to Canada. I live and work 10 minutes away from the US in Canada and often times I go to the US and back to Canada once a week. sometimes four times a week. This would be impossible to keep track of. 

[ALittleBritish 91]

4 hours ago, torontoim said:

Right, I’ve read this. This would only be effective from the date I activate the green card correct? For any Canadians reading, does informing my employer that I will not be a Canadian resident once I activate the visa effectively mean I’m informing the government as well? That would seem to have implications for my Canadian benefits such as the universal healthcare access I’m currently entitled to. Do you immediately void those benefits upon activating the visa?

 

 

As far as I understand it, you need to contact CRA and let them know when you become a non-resident but I imagine you can wait to do that until you have permanently moved down. Might be a good idea to talk to an accountant.