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

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Filed: Citizen (apr) Country: Canada
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41 minutes ago, MichaelZas said:

If we need to upload new documents to CEAC before interview, do we need to just Upload or we have to click on the Submit button as well in order for consular officers to have access to it?

If you don't submit it, it isn't submitted. Click the button!

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Montreal IR-1/CR-1 FAQ

 

Montreal IR-1/CR-1 Visa spreadsheet: follow directions at top of page for data to be added

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Filed: IR-1/CR-1 Visa Country: Canada
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22 hours ago, Zhyn said:

No problems, but things to keep in mind as per the FAQ:

 

"Can I cross to activate my visa and then return to Canada and do a full move later?

Yes. But note that the moment you cross the border you are a resident of the US and not of Canada. You will not be covered by your Canadian healthcare and will need travel insurance (Canadian healthcare can be quite expensive if you are not a resident). This is because you have to be moving permanently when you activate your visa. Crossing to activate your visa and then going home isn't technically allowed even though we do see it happen. Moving permanently but then visiting to tie up loose ends is allowed, but is not enough to satisfy the requirements to keep healthcare.

 

There are also tax implications if you are still working in Canada during this time and it is best to involve an accountant. The date you activated your visa will be your departure date for the CRA and not the date that you do your final move."

 

https://docs.google.com/document/d/1k927pE5wqzTN5n0lPYZ1JQxgbmnzmNWX5hSteyii0BY

I keep getting different answers as to whether or not activating my visa counts as the official exit date. Here's another wrench to add which may or may not affect anything. My teenager who is also moving with me (we are applying for CR1/CR2) may not be finished school by the time we are approved. While it would be easy to wait for both of us to go together, it would also be easier for me to go to my husband's house, start the renovations there, then come back here, sell up, pack up with teen and cat in tow, and cross to activate their visa (it would be within 6 months). So my question is two fold: would my exit date differ if I leave a minor in Canada and come back so that our exit dates for the CRA would be the date my teen activates their visa, or would our exit dates each be the dates of activation? Secondly, if the exit dates are the same, obviously I would choose the latter, but, following approval and return of my passport, can I still travel to the US on a B2, come back to Canada, and then activate the CR1 and CR2 visas together? Thanks.

Edited by CGs_Mother
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Filed: IR-1/CR-1 Visa Country: Canada
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On 1/15/2021 at 4:13 PM, JACHA said:

 

I DQ'd May 22, so I am also literally next in line.

 

I wrote an email to the Montreal Consulate to see if I could get any more clarity, rather than expecting a response on social media. I haven't heard back yet.  In my email I also added the fact that the consulate should maybe consider that many applicants may currently be in the US with their spouse/family, and that it is critical for them to communicate when applicants can expect their interviews as there are some barriers in coming back to Canada to consider.

 

Prior to Interview applicants must:

- Quarantine for 14-days 

- Schedule Medical Exam after 14-day Quarantine  (5-10 business days to send results to embassy)

 

All in all, a months notice is tight for those that will be travelling back from the US. 

 

For me, I came back in the beginning of January in hope that I could do the above and get everything done with some time to spare. Had I known it would be longer, I would of stayed back with my spouse for an extra week or so. So like everyone else, I hope that Interview Letters are sent out next week.

I have not seen many others that have stayed in the US while waiting an interview date. Do you anticipate any trouble at the interview because of this? I spent 2 days under 6 months in the US with my wife over the winter and now have my interview tomorrow. March 26. Has anyone else spent this long in the US? 

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Filed: Citizen (apr) Country: Canada
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47 minutes ago, Mikeeastern said:

Is a rcmp check that says "for active criminal record" OK? Or do I need to redo it. The place that took the fingerprints said they are submitting for a privacy act.

Re-do. Contact the place which printed you (if it was recent they still have prints on file) and specify you need a

"Criminal Record Check for Personal Use, type: Other."

Please see this tab on the spreadsheet https://docs.google.com/spreadsheets/d/1LvnDvX95_tfWtTvsJJM49PDPPvPKal0WG2rgdZHhsz0/edit#gid=1591174570

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42 minutes ago @Tristan&Whit said:

Has anyone else spent this long in the US? 

Yes, many couples have visited for 6mos.

Edited by Hawk Riders

forum instructions 

 

Montreal IR-1/CR-1 FAQ

 

Montreal IR-1/CR-1 Visa spreadsheet: follow directions at top of page for data to be added

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Filed: Citizen (apr) Country: Canada
Timeline

So question (let me know if this should be another thread), my USC hubby has been staying in Canada with me as a visitor (I'm a PR), and has been working remotely for his US Employer (which is allowed in Canada per IRCC rules), but he has his house which he owns in the US, job, car/motorcycle registered in WA, and everything else. He has no ties to Canada aside from me but he's been up here for awhile and is awaiting a visitor extension. Do you think we are gonna have domicile issues with Montreal?

 

I was thinking providing evidence of his visitor extension application, proof of US job, home ownership, driver's license, bills and insurance paperwork. I would think we should be good, but I know Montreal are pretty strict. What are your thoughts?

 

Also because he's been up here in Canada, his tax filing for 2020 is gonna be...complicated. I'm hoping we'll get everything filed by the deadlines but it'll depend on our accountant. It might be likely our interview will be at the tail-end of May (after IRS Deadline) so I'm wondering if they're gonna need an updated Affidavit of Support with the 2020 Tax Transcript. Are we able to use a W-2 and paystubs in lieu of the transcript if it's not available yet?

Edited by CanadaDude

Became Canadian PR: 11/11/2017

I-130 NOA1: 04/06/2020

I-130 NOA2: 08/11/2020

NVC IV Package Sent: 09/10/2020

NVC DQ: 09/23/2020

Applied for Canadian Citizenship: 06/24/2021

IV Interview @ MTL: 08/04/2021

POE: 08/09/2021

GC in hand: 12/24/2021

Became Canadian Citizen: 06/21/2022

I-751 Submitted: 06/08/2023

I-751 Approved: 04/27/2024

10Y GC Received: 05/11/2024

N-400 Submitted: 05/15/2024

Became US Citizen: 11/19/2024

My guide on Importing a Canadian Vehicle into the US using a Registered Importer: https://www.visajourney.com/wiki/importing-dot-non-compliant-canadian-vehicles-into-the-united-states-with-a-registered-importer-r135/

 

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
15 minutes ago, Hawk Riders said:

Re-do. Contact the place which printed you (if it was recent they still have prints on file) and specify you need a

"Criminal Record Check for Personal Use, type: Other."

Please see this tab on the spreadsheet https://docs.google.com/spreadsheets/d/1LvnDvX95_tfWtTvsJJM49PDPPvPKal0WG2rgdZHhsz0/edit#gid=1591174570

Yes, many couples have visited for 6mos.

Thankyou so much that makes me feel better. I had no idea. 

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10 minutes ago, CanadaDude said:

So question (let me know if this should be another thread), my USC hubby has been staying in Canada with me as a visitor (I'm a PR), and has been working remotely for his US Employer (which is allowed in Canada per IRCC rules), but he has his house which he owns in the US, job, car/motorcycle registered in WA, and everything else. He has no ties to Canada aside from me but he's been up here for awhile and is awaiting a visitor extension. Do you think we are gonna have domicile issues with Montreal?

 

I was thinking providing evidence of his visitor extension application, proof of US job, home ownership, driver's license, bills and insurance paperwork. I would think we should be good, but I know Montreal are pretty strict. What are your thoughts?

 

Also because he's been up here in Canada, his tax filing for 2020 is gonna be...complicated. I'm hoping we'll get everything filed by the deadlines but it'll depend on our accountant. It might be likely our interview will be at the tail-end of May (after IRS Deadline) so I'm wondering if they're gonna need an updated Affidavit of Support with the 2020 Tax Transcript. Are we able to use a W-2 and paystubs in lieu of the transcript if it's not available yet?

We are in the same boat. Wife has been with me for last 5 months working remote in Canada. We are providing her current paystubs, rental agreement with her mom, bank statement showing her US address and for employer verification letter. We will also be taking her application to extend stay in Canada. I will be using terminology that she is visiting me and her current US address is her parents. Hopefully that works, but lets see someone on forum can give a better idea!

 

Edit - Also we filed 2020 taxes with IRS so will take W2 and the whole tax return aswell!

Edited by acmanu
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Filed: Citizen (apr) Country: Canada
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9 minutes ago, acmanu said:

We are in the same boat. Wife has been with me for last 5 months working remote in Canada. We are providing her current paystubs, rental agreement with her mom, bank statement showing her US address and for employer verification letter. We will also be taking her application to extend stay in Canada. I will be using terminology that she is visiting me and her current US address is her parents. Hopefully that works, but lets see someone on forum can give a better idea!

 

Edit - Also we filed 2020 taxes with IRS so will take W2 and the whole tax return aswell!

Cool! I had wondered how many other people were having a similar situation with the border closure and all. Yeah, I think it's a good idea to reinforce that our spouses are visiting.

 

Hope the tax return hasn't been too painful? Sadly hubby has been up here so long he's now deemed resident of Canada and dealing with W-2 employment with the CRA is somewhat awkward lol.

Edited by CanadaDude

Became Canadian PR: 11/11/2017

I-130 NOA1: 04/06/2020

I-130 NOA2: 08/11/2020

NVC IV Package Sent: 09/10/2020

NVC DQ: 09/23/2020

Applied for Canadian Citizenship: 06/24/2021

IV Interview @ MTL: 08/04/2021

POE: 08/09/2021

GC in hand: 12/24/2021

Became Canadian Citizen: 06/21/2022

I-751 Submitted: 06/08/2023

I-751 Approved: 04/27/2024

10Y GC Received: 05/11/2024

N-400 Submitted: 05/15/2024

Became US Citizen: 11/19/2024

My guide on Importing a Canadian Vehicle into the US using a Registered Importer: https://www.visajourney.com/wiki/importing-dot-non-compliant-canadian-vehicles-into-the-united-states-with-a-registered-importer-r135/

 

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42 minutes ago, CanadaDude said:

Cool! I had wondered how many other people were having a similar situation with the border closure and all. Yeah, I think it's a good idea to reinforce that our spouses are visiting.

 

Hope the tax return hasn't been too painful? Sadly hubby has been up here so long he's now deemed resident of Canada and dealing with W-2 employment with the CRA is somewhat awkward lol.

Tax wasn't that big of an issue because my wife has been in Canada for less than 183 days and its was split between this and last year. Our accountant just required the W2's and did the rest for us. We have our interview on Monday and will let you know if the documents we submitted worked!

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Filed: Citizen (apr) Country: Canada
Timeline
4 hours ago, CGs_Mother said:

I keep getting different answers as to whether or not activating my visa counts as the official exit date. Here's another wrench to add which may or may not affect anything. My teenager who is also moving with me (we are applying for CR1/CR2) may not be finished school by the time we are approved. While it would be easy to wait for both of us to go together, it would also be easier for me to go to my husband's house, start the renovations there, then come back here, sell up, pack up with teen and cat in tow, and cross to activate their visa (it would be within 6 months). So my question is two fold: would my exit date differ if I leave a minor in Canada and come back so that our exit dates for the CRA would be the date my teen activates their visa, or would our exit dates each be the dates of activation? Secondly, if the exit dates are the same, obviously I would choose the latter, but, following approval and return of my passport, can I still travel to the US on a B2, come back to Canada, and then activate the CR1 and CR2 visas together? Thanks.

First question: when do you HAVE to cross?  When does your medical or PRC expire?  

Second: any reason your child NEEDS to finish school there?  I went back and forth about this last year, but it worked out that my kids hit the tail end of the school year which equated to meeting people and making friends.  If it's senior year, that's different.  But otherwise, yeah...

 

You're going to want to dispose of that property before you move to the US otherwise it creates a GRAND headache.  Getting the disposition of property certificate took us a really long time. Capital gains taxes are legit and the 25% withholding sucks.  

 

I can't comment on what CBP will do if you try to cross on a B1.  Really, that's their discretion.  But also keep in mind you'll have to quarantine if you go into the US, even for a minute.  With all of these challenges, I'd stay put, take care of business and make a clean break. 

 

As for your exit date, it would be whatever the date is you activate your I-551, irrespective of your child.  That child's date is whatever date their visa is activated.  They are treated independently.  I came to the US in July, my kids in August the first time around.  Substantial presence was calculated independently. 

Edited by mam521
Edit to add info

Montreal IR-1/CR-1 FAQ

 

Montreal IR-1/CR-1 Visa spreadsheet: follow directions at top of page for data to be added

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

@mam521 thanks very much, particularly for the last paragraph. I already know about the gains and quarantine and such  I haven't had my interview yet. It should be in May, which, if all goes well, we should be ready to go by end of June, when school ends, but I have to fix and put my house in Canada on the market plus finish some major renovations to my husband's house because of the Texas winter storms, and have to get it all done before school starts in Texas in August (renos during hurricane season so let's add more stress to all of this). My teenager is on the spectrum so it is absolutely necessary for their mental health to complete one thing in one place before starting in another place. I just wanted to suss (not sus) out if it would be possible since I haven't seen my husband in person since November and would have loved to just go and be there to start things before I left Canada for good. 

 

 

 

 

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