Questions about travelling back and forth after getting green card approval

[mizzem 144]

Hoping someone could answer a question for us as VisaJourney has been a lifeline for us during this process so hopefully someone can help... My husband and I are retired and we have lived in Canada for many years. We are relocating to the US to be with my family.  I am USC(petitioner) hubby is Canadian (beneficiary). Thankfully his immigration interview is finally in January, after that we will be purchasing a house in the US and selling our home in Canada but not until all is approved before proceeding. I have provided domicile in the US so hopefully that will be acceptable in his interview.

 

Our question is, does his green card get activated upon our first trip to the US, in which we will be starting the process of searching for a new home but not yet moving, or is it on our actual moving day when we leave Canada permanently, which will be within the 6 month expiry date on the green card. I imagine there will be a few trips to the US before we find a home. Also once his green card is activated do we still have the 6 month expiry date on it or do we lose that time after it gets activated and what happens then with going back and forth?. I hope I'm wording all of this correctly so that it makes sense. Any input would help..Thanks

[Mike E 11,739]

I am assuming you've been married for at least 2 years in my reply. 

 

He will receive an IR1 visa in his passport some time after his interview if approved. If he enters the USA on his Canadian passport and points out the IR1 visa to the CBP officer, then the officer will stamp (endorse) the IR1 visa, and he will become a lawful permanent resident (LPR) of the USA. The endorsed visa becomes an I-551. An I-551 (normally a a green card) is proof of his right to live and work in the USA. The I-551 in his passport will be good for a year. If you paid for a green card, the green card will be mailed to your address in the USA a few weeks or months after the stamping.

 

At that point he will be expected to spend the majority of his time In the USA. Any time he spends 181 continuous days or out side of the USA (or CBP seems a pattern of spending most f his time outside the USA), he will be suspected of abandoning his LPR status. Any time he spends one continuous calendar year or more outside the USA, he will be assumed to have abandoned his LPR status. The distinction between the two is that in the latter case, even if he convinces CBP he didn't abandon LPR status, DHS can later over rule CBP and scheduled him for a trial to remove his LPR status. 

 

Being out of the USA for 181 continuous days will interrupt his residency for purposes of naturalization: the 3 three year count down to eligibility to naturalize will reset.

 

> which will be within the 6 month expiry date on the green card. 

 

His green card will be good for ten years.  His status as an LPR will be permanent. Given you are retirees, I recommend he naturalize as soon as possible as in some states, LPRs cannot get Medicaid. He will be eligible for Medicare (which is not Medicaid) provided you haver been married at least 10 years to you and you have 40 social security credits. Or he has his own 40 social security credits.

Edited December 18, 2020 by Mike E

[Mike E 11,739]

I just realized that the "6 month expiry" you are referring to might be the expiration date of the IR1 visa. He needs to use that visa before it expires. Once used, it becomes an I-551 good for 12 months, as I wrote. But he will be an LPR for life. 

[aaron2020 11,651]

16 minutes ago, Mike E said:

I just realized that the "6 month expiry" you are referring to might be the expiration date of the IR1 visa. He needs to use that visa before it expires. Once used, it becomes an I-551 good for 12 months, as I wrote. But he will be an LPR for life. 

He's an LPR as long as he maintain his eligibility for legal permanent residency.  It's not for life.  

[mizzem 144]

3 hours ago, Mike E said:

I just realized that the "6 month expiry" you are referring to might be the expiration date of the IR1 visa. He needs to use that visa before it expires. Once used, it becomes an I-551 good for 12 months, as I wrote. But he will be an LPR for life. 

Thanks for your reply....Yes it was mainly the question of the 6 month expiry of the IR1 visa he will be issued after his interview that we are wondering about. Our trips back and forth from Canada to the US will only be for a week at a time so we can look for a house there before we actually finally make the permanent move which will be within the 6 months. We also have a mandatory 14 day self quarantine when coming back to Canada. We just weren't sure if our first trip across the border,just to look for a house, will be when he has to activate his green card for the first time, or does that happen when we actually make our move there.

[carmel34 3,631]

49 minutes ago, mizzem said:

Our trips back and forth from Canada to the US will only be for a week at a time so we can look for a house there before we actually finally make the permanent move which will be within the 6 months.

First trip to the US with a valid IR-1 visa will activate his LPR status, it could be to visit for a few hours, days, doesn't matter.  IR-1 visas are typically valid from 6 months from the date of the medical exam, which is often less than six months from the date the visa is eventually issued.  The "permanent" move can be anytime, it does not have to be within six months of the first trip to the US, but keep in mind that once the visa is activated and he becomes an LPR, he should try to stay in the US longer than in Canada or there could be problems down the road with maintaining LPR status or naturalization eligibility.  Your plan as described sounds just fine.  Good luck!

Edited December 18, 2020 by carmel34

[mizzem 144]

6 hours ago, carmel34 said:

First trip to the US with a valid IR-1 visa will activate his LPR status, it could be to visit for a few hours, days, doesn't matter.  IR-1 visas are typically valid from 6 months from the date of the medical exam, which is often less than six months from the date the visa is eventually issued.  The "permanent" move can be anytime, it does not have to be within six months of the first trip to the US, but keep in mind that once the visa is activated and he becomes an LPR, he should try to stay in the US longer than in Canada or there could be problems down the road with maintaining LPR status or naturalization eligibility.  Your plan as described sounds just fine.  Good luck!

Thank you for your reply, we assumed it would be the first trip across that his LPR status would be activated. It seems there is so much ahead and not enough time! 

[aaron2020 11,651]

1 hour ago, mizzem said:

Thank you for your reply, we assumed it would be the first trip across that his LPR status would be activated. It seems there is so much ahead and not enough time! 

Once his green card is activated, he will be a legal resident of the US.  He will no longer be a Canadian resident, so he will no longer qualify for Canadian health care.  US LPRs who uses Canadian health care are liable to repay any benefits received.  

[mizzem 144]

On 12/18/2020 at 12:21 PM, Mike E said:

I just realized that the "6 month expiry" you are referring to might be the expiration date of the IR1 visa. He needs to use that visa before it expires. Once used, it becomes an I-551 good for 12 months, as I wrote. But he will be an LPR for life. 

One more question if you don't mind... Would you know what happens if you don't relocate to the US within the '6 month' validity date on the newly approved IR1 visa? Do we have to start some of the process over again or can one apply for an extension? If you aren't sure that's ok. Just a lot going through our minds right now.

Edited December 19, 2020 by mizzem

[Mike E 11,739]

56 minutes ago, mizzem said:

One more question if you don't mind... Would you know what happens if you don't relocate to the US within the '6 month' validity date on the newly approved IR1 visa? Do we have to start some of the process over again or can one apply for an extension? If you aren't sure that's ok. Just a lot going through our minds right now.

If he fails to enter the USA before the IR1 expires then the I-130 is still in force but the immigration visa process has to start all over again.  And the bar to prove immigration intent and bonafide marriage just got a lot higher.  
 

I’ve no idea why he would not simply cross the border as soon as he got his IR-1 visa. A simple flight out of pre clearance airport in Canada and a return the same day would put this to bed.  He will be an LPR before he arrives in the USA!
 

When my then fiancée got her visa (granted a K-1), we couldn’t get to the USA fast enough and I booked a flight for day after the visa was in hand.  
 

He lives next door and has it so much easier.
 

I don’t agree with the other member who asserts that his Canadian health care ends once he becomes an LPR.   It ends when he spends too consecutive time out side of Canada.  I had Canadian health care for first few months after becoming an LPR. 

Edited December 19, 2020 by Mike E

[Mike E 11,739]

15 hours ago, mizzem said:

Thank you for your reply, we assumed it would be the first trip across that his LPR status would be activated. It seems there is so much ahead and not enough time! 

There is roughly six months to do this.  Imagine you had just 35 days.  That was me,  this year.  
 

I house I inherited was occupied by the other heir.  The other heir texted me that he had moved out.  
 

So the house is empty.  The insurance company won’t like that.  
 

Me to my wife: “Honey we need to visit Canada for 1-2 months”. During a pandemic.  

 

We arrived, spent two weeks in quarantine as required.  And then proceeded to:

 

1. sell off, donate, or dispose of the 80 years of possessions my parents had accumulated while they were alive. Including endless boxes of files of papers.  
 

2. repaired a bunch of problems the co-heir left for me.  
 

3. had it professionally cleaned
 

4. cancel the cable TV/Internet.  Surprisingly easy. Canada eh.  
 

5. list the house for sale.  
 

A week after we left, the house had two offers.  
 

 

[mizzem 144]

15 minutes ago, Mike E said:

If he fails to enter the USA before the IR1 expires then the I-130 is still in force but the immigration visa process has to start all over again.  And the bar to prove immigration intent and bonafide marriage just got a lot higher.  
 

I’ve no idea why he would not simply cross the border as soon as he got his IR-1 visa. A simple flight out of pre clearance airport in Canada and a return the same day would put this to bed.  He will be an LPR before he arrives in the USA!
 

When my then fiancée got her visa (granted a K-1), we couldn’t get to the USA fast enough and I booked a flight for day after the visa was in hand.  
 

He lives next door and has it so much easier.
 

I don’t agree with the other member who asserts that his Canadian health care ends once he becomes an LPR.   It ends when he spends too consecutive time out side of Canada.  I had Canadian health care for first few months after becoming an LPR. 

Thanks..Our situation is a little different than others. We live close to the US/Cdn border, just a few hours from where we plan on moving to, so we always drive across as I'm not a big flyer. One of the first things we have to do before we sell our house in Canada is buy a home in the US, which could take a few trips to find one. With the land borders closed we don't know when we can do this and even though it's critical to us I doubt they would let us cross just for that. Not knowing any of this this we are hoping it all falls into place within the 6 month validity date.  

[mizzem 144]

2 minutes ago, Mike E said:

There is roughly six months to do this.  Imagine you had just 35 days.  That was me,  this year.  
 

I house I inherited was occupied by the other heir.  The other heir texted me that he had moved out.  
 

So the house is empty.  The insurance company won’t like that.  
 

Me to my wife: “Honey we need to visit Canada for 1-2 months”. During a pandemic.  

 

We arrived, spent two weeks in quarantine as required.  And then proceeded to:

 

1. sell off, donate, or dispose of the 80 years of possessions my parents had accumulated while they were alive. Including endless boxes of files of papers.  
 

2. repaired a bunch of problems the co-heir left for me.  
 

3. had it professionally cleaned
 

4. cancel the cable TV/Internet.  Surprisingly easy. Canada eh.  
 

5. list the house for sale.  
 

A week after we left, the house had two offers.  
 

 

Wow that sounds a bit stressful..lol. I think selling our house won't be a problem we just need to buy one in the US somehow before we do that.

[Mike E 11,739]

20 minutes ago, mizzem said:

I'm not a big flyer.

Understood.  That doesn’t stop him from flying to city in the USA, and getting on a return flight the same day. 
 

20 minutes ago, mizzem said:

One of the first things we have to do before we sell our house in Canada is buy a home in the US, which could take a few trips to find one.

My suggestion is that you plan on staying in temporary housing. Airbnb works well for this.  
 

20 minutes ago, mizzem said:

With the land borders closed

They are not closed to you two though.  
 

 

20 minutes ago, mizzem said:

 

we don't know when we can do this and even though it's critical to us I doubt they would let us cross just for that.

Canadian citizens have a right to enter Canada.  The government allows spouses of Canadian citizens to enter Canada.  
 

US citizens and LPRs have a right to enter the US.  
 

The border restrictions don’t apply to you. They won’t apply to your husband once he becomes an LPR.  
 

if anything, your plan to delay his LPR status will slow everything down because he is not allowed to travel by car into the USA.  

 

20 minutes ago, mizzem said:

 

Not knowing any of this this we are hoping it all falls into place within the 6 month validity date.  

Each time you cross the border you are looking at upwards of two weeks of quarantine at the destination and at the return.  So a month per trip.  So reduce the number of trips.  Get your affairs in Canada in order.  Empty your house.  Have movers take it and store it.  Go to America.  Stay in temp housing. Buy a house.  
 

Done.  

30 minutes ago, mizzem said:

Wow that sounds a bit stressful..lol. I think selling our house won't be a problem we just need to buy one in the US somehow before we do that.

You don’t have to buy a house in the USA before you do anything in Canada.  

[mizzem 144]

1 hour ago, Mike E said:

Understood.  That doesn’t stop him from flying to city in the USA, and getting on a return flight the same day. 
 

My suggestion is that you plan on staying in temporary housing. Airbnb works well for this.  
 

They are not closed to you two though.  
 

 

Canadian citizens have a right to enter Canada.  The government allows spouses of Canadian citizens to enter Canada.  
 

US citizens and LPRs have a right to enter the US.  
 

The border restrictions don’t apply to you. They won’t apply to your husband once he becomes an LPR.  
 

if anything, your plan to delay his LPR status will slow everything down because he is not allowed to travel by car into the USA.  

 

Each time you cross the border you are looking at upwards of two weeks of quarantine at the destination and at the return.  So a month per trip.  So reduce the number of trips.  Get your affairs in Canada in order.  Empty your house.  Have movers take it and store it.  Go to America.  Stay in temp housing. Buy a house.  
 

Done.  

You don’t have to buy a house in the USA before you do anything in Canada.  

Some good options to consider, thanks. We would prefer to have a house in place in the US so when we sell ours in Canada we can just have the movers take it all to our new place without putting it all in storage while we look...a lot of extra costs. We are considering temporary housing there in order for us to take our time while we house hunt. Yes unfortunately we are aware of all the quarantine laws back and forth. Thanks for all your input. VisaJourney and the people in it has been a lifesaver over these last couple of years!