IR-1/CR-1 Montreal DQ'd private message group goes public

[Cath&Claire 150]

1 minute ago, DGF said:

"Canadian visitors can usually stay in the United States for 6 months without a visa. There is no set period that you must wait to re-enter the United States after the end of your authorized stay. However, if a CBP officer suspects you are spending more time in the United States than in Canada, it will be up to you to prove to the officer that you are a temporary visitor, not a U.S. resident." - https://travel.gc.ca/destinations/united-states?wbdisable=true

Also there is the IRS substantial presence test which looks at your days over the last 3 calendar years and if you meet this you may need to file US taxes. 

A green card applicant advised me you can apply for an extension of the 6 months. I don’t know much about it however, except it has to be done within 45 days of when you’d have to leave. Not sure if there would be tax implications ...and past 6 months it could affect your Canadian medical.   

[jackanddeona 310]

27 minutes ago, Cath&Claire said:

Here’s the spread sheet with that info. 
 

https://docs.google.com/spreadsheets/u/0/d/1LvnDvX95_tfWtTvsJJM49PDPPvPKal0WG2rgdZHhsz0/htmlview#gid=1638721492

That spreadsheet is visajourney people only for the most part. I believe DGF ran the numbers if I'm not mistaken and we are on average in the 10-20% range of actual numbers going through montreal.

[Cammabear 34]

I've heard of many people travelling after their DQ and I'm glad it had no repercussions for them.  Before My DQ I travelled every month for almost 3 years with my Nexus card and was never asked once to show the proof of return to Canada I would bring with me. After my DQ though I was advised not to travel as I could be seen as a flight risk. Why any border agent would think that after over 2 years of marriage and almost 2 years of waiting to be allowed to move to the US I would risk it all near the end is beyond me, but it's not a risk we want to take. It would be my luck that I would get an agent having a bad day who would end up making me have a very bad day if I was denied entry to the US. It's probably not likely but I have to go with what I was told by two different people with more knowledge of this than me. In January it will be 2 years since my packet was received in Nebraska. It's such a long wait for us, I wish they would outsource these interviews to other provinces! 

[Cath&Claire 150]

29 minutes ago, Cammabear said:

I've heard of many people travelling after their DQ and I'm glad it had no repercussions for them.  Before My DQ I travelled every month for almost 3 years with my Nexus card and was never asked once to show the proof of return to Canada I would bring with me. After my DQ though I was advised not to travel as I could be seen as a flight risk. Why any border agent would think that after over 2 years of marriage and almost 2 years of waiting to be allowed to move to the US I would risk it all near the end is beyond me, but it's not a risk we want to take. It would be my luck that I would get an agent having a bad day who would end up making me have a very bad day if I was denied entry to the US. It's probably not likely but I have to go with what I was told by two different people with more knowledge of this than me. In January it will be 2 years since my packet was received in Nebraska. It's such a long wait for us, I wish they would outsource these interviews to other provinces! 

Such a long time! Hopefully your DQ is January/February and you are almost done!? 

[Lovepeace0303 310]

2 hours ago, Cammabear said:

I've heard of many people travelling after their DQ and I'm glad it had no repercussions for them.  Before My DQ I travelled every month for almost 3 years with my Nexus card and was never asked once to show the proof of return to Canada I would bring with me. After my DQ though I was advised not to travel as I could be seen as a flight risk. Why any border agent would think that after over 2 years of marriage and almost 2 years of waiting to be allowed to move to the US I would risk it all near the end is beyond me, but it's not a risk we want to take. It would be my luck that I would get an agent having a bad day who would end up making me have a very bad day if I was denied entry to the US. It's probably not likely but I have to go with what I was told by two different people with more knowledge of this than me. In January it will be 2 years since my packet was received in Nebraska. It's such a long wait for us, I wish they would outsource these interviews to other provinces! 

My husband has travelled quite a few times to see me in the USA during this process. He recently came after our DQ in Feb as well and stayed with me for a few months. We are now both back in Canada, but he’s never been denied entry to the USA or have any issues. He also has a NEXUS card, so that could have helped. Regardless, we’ve been in this process since 2018 and he’s visited me multiple times with no issues (always traveling by air). He’s stayed the LONGEST ever with me during this difficult time when covid hit (5 months). We aren’t planning for him to go back the USA now until his interview and process is complete. 

[mam521 2,063]

14 hours ago, Cammabear said:

Why any border agent would think that after over 2 years of marriage and almost 2 years of waiting to be allowed to move to the US I would risk it all near the end is beyond me, but it's not a risk we want to take. 

I question this myself.  

 

I was originally in the US on an L1.  I was in the US for a month to get everything situated before I brought my kids down.  When I went to petition for their visas, the agent was one of these types that was probably not well regarded in high school so was compensating with is authority role with CBP.  My ex is an engineer and was going to join the kids and I at a later date on a TN visa.  The agent was giving me the gears about him and that "he better not be coming down illegally and that he should have no problems getting a good job so he could come legally".  I politely told the officer that there was no way he would be joining me illegally as it would jeopardize his entire career as he'd be stripped of this professional designation and then be unable to work in Canada or the US.  The guy looked at me and it was clear he hadn't thought about the repercussions a professional might face - the fact of not want to waste the years of schooling and what it takes to gain the designation...it was an "oh #######!" moment for the officer.  Hate to say it, but we often refer to these people as "jobsworth types" and many government agencies are chalked full of them.  

[realmadrid23 18]

Hi everyone, I landed last week, i was wondering how much time would it take to get my SSN number? 

[Hoffmaya 124]

1 hour ago, realmadrid23 said:

Hi everyone, I landed last week, i was wondering how much time would it take to get my SSN number? 

As per the FAQ (After POE section):
 

"Even if you selected “yes” to receive your SSN on the DS260, you may not get one. If you don’t have your SSN 3 weeks after POE, go to your local social security office to inquire about it. If you didn’t select “yes”, you’ll have to go in person regardless. It will take about 10 days after that. "

[legendqueue 163]

18 hours ago, Cath&Claire said:

180 days - rolling calendar. That’s how we do it. Some people will say it’s 180 days each visit but it’s not. Basically 6 months, as you’re able to do now ....hope it warm where you are!  

 

I have to correct this, sorry and please understand I don't mean it to sound like I'm bashing you at all.  I mean it to be helpful because as you'll read I also believed this and it was a major pain and source of big-time anxiety.

 

The 182 days rolling calendar thing is a massively common misconception.  The misconception seems to stem from someone in a news article or snowbird blog post years ago conflating the "visitor visas only last 6 months" thing with the IRS "you have a maximum number of days per year or you gotta file US taxes" thing.  Then another article/blog researches theirs by googling and finding the first, and so on and so on, until now when you search it you find countless articles stating it as fact.  Here's an article clarifying what the real deal is:

 

https://www.lexology.com/library/detail.aspx?g=bb7206f5-69f7-472f-94a2-cfb18755e3ea

I have had this confirmed by two separate officers at the Peace Arch border a little over a year ago, after believing the misconception for almost two years, keeping a careful spreadsheet, checking Maps timeline to make sure I hadn't missed any days, crossing south at 5 minutes after midnight to "save a day", etc.  I have always spent more time in Canada over a year, but because "a day" is counted by the IRS whether you're there for 24 hours or 24 minutes, staying a Sunday night and driving to Canada for work and then staying until Friday night still counted, so I was there for a weekend plus Friday evening but it counted as 4 days, which times 52 weeks is over 182, which was a source of major stress for a long time!

 

This is no reason to be carefree about travel as a tourist over the border though.  You can be denied entry based on suspicions of an officer about your intentions.  Anyone planning on crossing regularly like this needs to keep documents proving their connections to Canada and that they're planning to return, so return plane ticket if you're flying, details of your plans while in the USA, and documentation including but not limited to your Canadian home ownership/lease documents, several months of different utility bills, recent letter from your Canadian work saying you work there and they love you to bits, and so on.  Like the article above says, you aren't entitled to six seconds in the USA.  You are a visitor and you can be denied for any reason.  Be honest and have documentation and you probably won't have any issues, but again don't be blithe about it, it's an international border not a drive-thru.  

 

On a separate note, you *can* apply for an extension of the tourist visa and need to supply a reason, and apparently COVID-related reasons have been treated as acceptable this year.  This is only what I've heard from an immigration lawyer, though, so I don't know how difficult the process is, how to do it, etc.

 

Finally I should plunk down the IRS thing I mentioned above because it's important.  If the number of days you spent in the US the past year, plus 1/3 the number of days the year before that, plus 1/6 the number of days the year before *that* all total to 183 or more, the IRS requires you to file US taxes.  This is a surprisingly easy number to reach.

 

https://cardinalpointwealth.com/2015/01/07/am-i-a-u-s-tax-resident/#:~:text=Simply put%2C you become a,the past three calendar years.

 

Snowbirds get out of this by filing a "closer connection exemption" as mentioned in the article.  What the article does not mention (and I had to dig into the actual tax law to find this, then speak to a US tax accountant, then speak to the IRS) is that if your spouse is a US citizen or resident and lives there, you don't have a closer connection exemption to Canada even if your primary residence and work are there.  Yikes, you say, I don't want to pay taxes twice!  But luckily there is another thing in the tax treaty (and a separate form you file with the IRS) to say "here is my 1040 tax form saying that I owe X dollars, and here is my other form and documentation showing that I paid Y dollars in Canadian taxes, and Y is more than X so please work it out with Canada" and you're done.  The only time this becomes an issue is when for some reason the US taxes are higher than the Canadian taxes, for example if there is some exemption/deduction available in Canada that isn't in the US.  Did you know that in Canada you do not get charged any capital gains taxes on the sale of a primary residence, but in the USA you do not get charged capital gains on only the first $250k?  Given what real estate markets have done in the past 10+ years if you sold a house while subject to this rule you could be in for a bummer of a surprise.

 

Anyway sorry giant post.  I hope someone finds all or part of it interesting!

 

[Cath&Claire 150]

16 minutes ago, legendqueue said:

 

I have to correct this, sorry and please understand I don't mean it to sound like I'm bashing you at all.  I mean it to be helpful because as you'll read I also believed this and it was a major pain and source of big-time anxiety.

 

The 182 days rolling calendar thing is a massively common misconception.  The misconception seems to stem from someone in a news article or snowbird blog post years ago conflating the "visitor visas only last 6 months" thing with the IRS "you have a maximum number of days per year or you gotta file US taxes" thing.  Then another article/blog researches theirs by googling and finding the first, and so on and so on, until now when you search it you find countless articles stating it as fact.  Here's an article clarifying what the real deal is:

 

https://www.lexology.com/library/detail.aspx?g=bb7206f5-69f7-472f-94a2-cfb18755e3ea

I have had this confirmed by two separate officers at the Peace Arch border a little over a year ago, after believing the misconception for almost two years, keeping a careful spreadsheet, checking Maps timeline to make sure I hadn't missed any days, crossing south at 5 minutes after midnight to "save a day", etc.  I have always spent more time in Canada over a year, but because "a day" is counted by the IRS whether you're there for 24 hours or 24 minutes, staying a Sunday night and driving to Canada for work and then staying until Friday night still counted, so I was there for a weekend plus Friday evening but it counted as 4 days, which times 52 weeks is over 182, which was a source of major stress for a long time!

 

This is no reason to be carefree about travel as a tourist over the border though.  You can be denied entry based on suspicions of an officer about your intentions.  Anyone planning on crossing regularly like this needs to keep documents proving their connections to Canada and that they're planning to return, so return plane ticket if you're flying, details of your plans while in the USA, and documentation including but not limited to your Canadian home ownership/lease documents, several months of different utility bills, recent letter from your Canadian work saying you work there and they love you to bits, and so on.  Like the article above says, you aren't entitled to six seconds in the USA.  You are a visitor and you can be denied for any reason.  Be honest and have documentation and you probably won't have any issues, but again don't be blithe about it, it's an international border not a drive-thru.  

 

On a separate note, you *can* apply for an extension of the tourist visa and need to supply a reason, and apparently COVID-related reasons have been treated as acceptable this year.  This is only what I've heard from an immigration lawyer, though, so I don't know how difficult the process is, how to do it, etc.

 

Finally I should plunk down the IRS thing I mentioned above because it's important.  If the number of days you spent in the US the past year, plus 1/3 the number of days the year before that, plus 1/6 the number of days the year before *that* all total to 183 or more, the IRS requires you to file US taxes.  This is a surprisingly easy number to reach.

 

https://cardinalpointwealth.com/2015/01/07/am-i-a-u-s-tax-resident/#:~:text=Simply put%2C you become a,the past three calendar years.

 

Snowbirds get out of this by filing a "closer connection exemption" as mentioned in the article.  What the article does not mention (and I had to dig into the actual tax law to find this, then speak to a US tax accountant, then speak to the IRS) is that if your spouse is a US citizen or resident and lives there, you don't have a closer connection exemption to Canada even if your primary residence and work are there.  Yikes, you say, I don't want to pay taxes twice!  But luckily there is another thing in the tax treaty (and a separate form you file with the IRS) to say "here is my 1040 tax form saying that I owe X dollars, and here is my other form and documentation showing that I paid Y dollars in Canadian taxes, and Y is more than X so please work it out with Canada" and you're done.  The only time this becomes an issue is when for some reason the US taxes are higher than the Canadian taxes, for example if there is some exemption/deduction available in Canada that isn't in the US.  Did you know that in Canada you do not get charged any capital gains taxes on the sale of a primary residence, but in the USA you do not get charged capital gains on only the first $250k?  Given what real estate markets have done in the past 10+ years if you sold a house while subject to this rule you could be in for a bummer of a surprise.

 

Anyway sorry giant post.  I hope someone finds all or part of it interesting!

 

I will always keep my days on a rolling calendar - even though you may indeed be correct!   All it takes is one officer who says otherwise.  One thing I think many of us have learned during this Covid ordeal is that border agents in both Canada and the USA give conflicting  and inaccurate information All. The.  Time. Just read the occurrences on the Family Advocacy Facebook page.  It’s actually concerning how different one officer can be over the next.   I’ve read accounts on here of people being denied a green card because they ‘over stayed!’  That stresses me out!  

[Lovepeace0303 310]

23 minutes ago, legendqueue said:

 

I have to correct this, sorry and please understand I don't mean it to sound like I'm bashing you at all.  I mean it to be helpful because as you'll read I also believed this and it was a major pain and source of big-time anxiety.

 

The 182 days rolling calendar thing is a massively common misconception.  The misconception seems to stem from someone in a news article or snowbird blog post years ago conflating the "visitor visas only last 6 months" thing with the IRS "you have a maximum number of days per year or you gotta file US taxes" thing.  Then another article/blog researches theirs by googling and finding the first, and so on and so on, until now when you search it you find countless articles stating it as fact.  Here's an article clarifying what the real deal is:

 

https://www.lexology.com/library/detail.aspx?g=bb7206f5-69f7-472f-94a2-cfb18755e3ea

 

THANK YOU for writing this out! I went through the same issue of calculating days for my husband, worrying he passed the 182 day mark. I was then told by another wise person that the visitor laws are different than the tax laws/implications. I'm sure your thorough explanation will put a lot of minds at ease. 🙂

[legendqueue 163]

4 minutes ago, Cath&Claire said:

I will always keep my days on a rolling calendar - even though you may indeed be correct!   All it takes is one officer who says otherwise.  One thing I think many of us have learned during this Covid ordeal is that border agents in both Canada and the USA give conflicting  and inaccurate information All. The.  Time. Just read the occurrences on the Family Advocacy Facebook page.  It’s actually concerning how different one officer can be over the next.   I’ve read accounts on here of people being denied a green card because they ‘over stayed!’  That stresses me out!  

Yeah absolutely, personal comfort with what you're doing is a huge part of things.  If an officer decides to not let you in or even issue you a ban you have little recourse.  

 

"overstaying" is a specific term related to the visitor visa -- I texted the immigration lawyer after reading this and they've never heard of a case where someone was denied a visa because they spent whatever amount of time in the USA, and they've been involved in hundreds of Canada-USA specific ones.  But again it's about personal comfort and I *totally totally get* that it stresses you out, and honestly it stresses me out too.  Ugh this process huh?

 

[Cath&Claire 150]

Just now, legendqueue said:

Yeah absolutely, personal comfort with what you're doing is a huge part of things.  If an officer decides to not let you in or even issue you a ban you have little recourse.  

 

"overstaying" is a specific term related to the visitor visa -- I texted the immigration lawyer after reading this and they've never heard of a case where someone was denied a visa because they spent whatever amount of time in the USA, and they've been involved in hundreds of Canada-USA specific ones.  But again it's about personal comfort and I *totally totally get* that it stresses you out, and honestly it stresses me out too.  Ugh this process huh?

 

If I can recall where I read it, I’ll dig it out. It was sometime ago. Im sure your lawyer is absolutely correct!   Do they happen to know what’s going on with the consulate? 😂😂😂

[legendqueue 163]

6 minutes ago, Lovepeace0303 said:

THANK YOU for writing this out! I went through the same issue of calculating days for my husband, worrying he passed the 182 day mark. I was then told by another wise person that the visitor laws are different than the tax laws/implications. I'm sure your thorough explanation will put a lot of minds at ease. 🙂

You're welcome.  However, I want to emphasize again that people should not be *too* at ease, and that I am not a lawyer, which is why I tried not to editorialize and just let the link speak.  If someone wants to put their mind at ease then speaking to a professional is the most prudent step!  It's great to spread this information because knowledge is power, and it might even help during conversations with said professionals, but forums including this one are full of bad or misleading anecdotes and information, so should be seen as a starting point for making decisions and not as the sole basis for them.

 

To be totally clear again, this forum is amazing and wonderful and full of great information, but nobody should base any major life decisions on anything in it or any other forum without proper due diligence done by themselves with professionals who are experts in those matters.  Please

[DGF 730]

Montreal issued 16 CR1 visas and 85 IR1 visas in September. Pretty similar to pre-covid numbers. October issuances will be interesting with the abysmal amount of ILs that went out this month.

 

Tbh I'm impressed that 16 people managed to make it through without the honour of being "upgraded" to IR1.