I555 Stamp and waiting

[tmac99 31]

My wife and I are currently in the process of moving to the States. My wife is American, and I am the beneficiary. We are fortunate to have her parents live in the States and we travel there frequently (I use my Nexus) . When I receive my envelope from the Consulate, is it possible to not use the envelope immediately on my trips to the States and wait closer to the 6 month mark before showing it to the agent. The reason I ask is that that have some tax planning that I wanted to complete here in Canada before becoming required to file US tax returns.

 

Happy Easter everyone.

[pushbrk 12,898]

1 hour ago, tmac99 said:

My wife and I are currently in the process of moving to the States. My wife is American, and I am the beneficiary. We are fortunate to have her parents live in the States and we travel there frequently (I use my Nexus) . When I receive my envelope from the Consulate, is it possible to not use the envelope immediately on my trips to the States and wait closer to the 6 month mark before showing it to the agent. The reason I ask is that that have some tax planning that I wanted to complete here in Canada before becoming required to file US tax returns.

 

Happy Easter everyone.

When you show your passport, the visa will be in it.  That's the day you'll USE, the immigrant visa.  Not likely to be any envelope.  That's all electronic now.  

[SalishSea 17,836]

2 hours ago, tmac99 said:

before becoming required to file US tax returns.

Your wife should have already been filing US tax returns as MFJ or MFS, as required of Americans living abroad.

[pushbrk 12,898]

1 hour ago, Jorgedig said:

Your wife should have already been filing US tax returns as MFJ or MFS, as required of Americans living abroad.

He's talking about HIS tax return.  Until he immigrates, his finances are not a part of her tax return.

[geowrian 22,337]

3 hours ago, pushbrk said:

He's talking about HIS tax return.  Until he immigrates, his finances are not a part of her tax return.

Well, unless she files jointly.

[NikLR 13,227]

9 hours ago, tmac99 said:

My wife and I are currently in the process of moving to the States. My wife is American, and I am the beneficiary. We are fortunate to have her parents live in the States and we travel there frequently (I use my Nexus) . When I receive my envelope from the Consulate, is it possible to not use the envelope immediately on my trips to the States and wait closer to the 6 month mark before showing it to the agent. The reason I ask is that that have some tax planning that I wanted to complete here in Canada before becoming required to file US tax returns.

 

Happy Easter everyone.

It's possible to ask. They can deny the request. I wouldnt try this more than once.  Obviously you cant move any of your things until you activate the visa either. 

[NikLR 13,227]

~~moved to Canada regional forum from IR1/CR1 process and procedures.  Topic is about crossing Canada/US border with visa not visa process~~

[Ontarkie 14,227]

Yes with Montreal now going electronic, they may be a little more strict on entry. Unless you are one o f the few still getting the packet (I haven't seen any recently but I guess it could happen). 

If you are close to the border and don't mind being turned around give it a try.

[tmac99 31]

Thanks everyone. I probably won't risk it especially if it's electronic and tied to my passport,  I was just curious. For the record, my wife and I do not file jointly as I am an alien (not a green card holder yet). 

 

[geowrian 22,337]

2 hours ago, tmac99 said:

For the record, my wife and I do not file jointly as I am an alien (not a green card holder yet). 

She could have, if you got an ITIN or SSN (https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse).

I don't know your tax circumstances, but many people go that route as it's double the standard deduction.

Edited April 13, 2020 by geowrian

[pushbrk 12,898]

10 hours ago, geowrian said:

Well, unless she files jointly.

If she's already doing that, it's too late for the OP.

[pushbrk 12,898]

3 hours ago, tmac99 said:

Thanks everyone. I probably won't risk it especially if it's electronic and tied to my passport,  I was just curious. For the record, my wife and I do not file jointly as I am an alien (not a green card holder yet). 

 

Careful with pronouns like "it".  The visa is paper glued to a full page of your passport.  The "envelope" is transmitted electronically.  When the agent SEES the visa IN your actual passport, it will get stamped and you will be a Lawful Permanent Resident from that point forward.

[NikLR 13,227]

22 hours ago, tmac99 said:

Thanks everyone. I probably won't risk it especially if it's electronic and tied to my passport,  I was just curious. For the record, my wife and I do not file jointly as I am an alien (not a green card holder yet). 

 

She need to file as married, either jointly or separately. 

[don_mar 18]

On 4/12/2020 at 8:42 PM, tmac99 said:

My wife and I are currently in the process of moving to the States. My wife is American, and I am the beneficiary. We are fortunate to have her parents live in the States and we travel there frequently (I use my Nexus) . When I receive my envelope from the Consulate, is it possible to not use the envelope immediately on my trips to the States and wait closer to the 6 month mark before showing it to the agent. The reason I ask is that that have some tax planning that I wanted to complete here in Canada before becoming required to file US tax returns.

 

Happy Easter everyone.

Here is my bizarre experience with this.

 

I got my IR1 visa last October. First time I tried to cross the border shortly after I got the visa, I was told I wasn't moving and wouldn't stamp my visa. They would let me into U.S, but as a visitor. So I turned around and came home.

 

Then in January I got an interview in the U.S. I crossed the border in Calgary airport. They were going to process my visa, but my flight already left so they couldn't. After I changed my ticket, I had to cross the border again. The agent didn't ask me to go to the office. I assumed that my visa was not processed.

 

Now in March, my visa was about to expire (I was trying to sell my property in Canada), and I crossed the border by land. They did processed my visa without issues, but they said my visa was already processed in January. They said my green card might be already mailed to my U.S address. Well it wasn't. I came back to Canada on the same day. One week later, my green card was mailed. After I received it, I noticed that the issue date was January. I'm still stuck in Canada because of the pandemic and I couldn't sell my house.

 

In short, just ask at the border. Most likely they are going to say no, but it doesn't hurt to try. They are very friendly in general. You can't hide the fact you have an immigration visa. Once they scan your passport, they can see it.