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

[sjb17 192]

7 hours ago, Atyree9 said:

I am confused about how to prove that my husband is eligible to work. His DOE was 01/09/21, so we’re obviously still waiting on the Green card and SSN. Can we use his temporary passport stamp as proof? He was hired, but they are waiting on either one of those before he can start and I keep saying that his temp. Stamp is enough. Am I right?

Yes, you're right - the CR-1 visa serves as a temporary green card while you await for a permanent green card. Here's a source (it's from the US embassy in Argentina's website but the first US gov source I could find - I'm sure you can dig around to find more). Also, here's a direct quote from the US Social Security Administration:

 

"We don’t require you to have a Social Security number before you start work. However, the Internal Revenue Service requires employers to use your Social Security number to report your wages. While you wait for your Social Security number, your employer can use a letter from us stating you applied for a number, and your immigration documents can prove your authorization to work in the United States."

[PennyLaneB 55]

1 hour ago, DGF said:

2) Crossing the border and activating your visa absolutely does make you a resident immediately. IRS has a green card test: https://www.irs.gov/individuals/international-taxpayers/alien-residency-green-card-test. As we are all permanent residents as soon as the visa is activated, we all meet the green card test and are considered residents by the IRS. 

This is my understanding as well from when I had consulted a cross border accountant a while back. 

[mizzem 144]

2 hours ago, Jay&Sid said:

OHIP told you correctly about this situation.

In Ontario, one may be out of the province for up to 212 days in any 12-month period and still maintain Ontario health insurance coverage provided that you continue to make Ontario your primary place of residence.

 

In your case you are not relocating permanently to US in first step after US activating visa.

 

Ontario will be our primary place of residence until we sell our house then we will be relocating permanently to the US. Thanks for your input it sounds like we will be ok until we actually leave Canada.

[mizzem 144]

2 hours ago, Jay&Sid said:

 

I second that.

IRS will not consider you permanent resident by just crossing the border and activating the visa.

Actually in re-reading my original post I should have said when he activates his GC his status will be LPR but not an actual resident of the US yet. Sorry if it was misleading..

[M Brown 25]

Had my interview on the 20th and was told I was approved.  Today I got an email asking me to upload my new police certificate to CEAC and email them to notify it was done.  I've uploaded the document to CEAC and emailed them back.  Any idea how much time this is going to add?  Thanks.

[mizzem 144]

1 hour ago, DGF said:

It's going. Struggling to find a job 🤷‍♀️ Gone back to school in the meantime so when I'm around here it's usually with a half pre-occupied brain  
 

1) You have to be moving permanently when you activate your visa. Crossing to activate your visa and then go home isn't technically allowed even though we do see it happen. Thus the advice that you lose your healthcare when you move (as it is supposed to be a permanent move). Moving permanently but then visiting to tie up loose ends is allowed, but is not enough to satisfy the requirements to keep healthcare. I can add this clarification to the FAQ if it would be helpful.

 

2) Crossing the border and activating your visa absolutely does make you a resident immediately. IRS has a green card test: https://www.irs.gov/individuals/international-taxpayers/alien-residency-green-card-test. As we are all permanent residents as soon as the visa is activated, we all meet the green card test and are considered residents by the IRS. 

 

3) It is possible to be both a Canadian resident and a US resident at the same time but it requires quite a balancing act, that part is true. It's not enough to keep healthcare but it is enough to keep PR status in both countries. It's not enough for healthcare because you need to make Ontario your primary place of residence in order to qualify for OHIP but you also need to have the US as your primary place of residence in order to not lose your green card. Those just aren't compatible. 

Adding your clarification to the FAQ would def be helpful and thanks for your advice. It can be complicated but with the advice we’ve had from the few of you here has given us more perspective into the situation. Much appreciated!

[Abhikochar 102]

9 hours ago, mizzem said:

Ontario will be our primary place of residence until we sell our house then we will be relocating permanently to the US. Thanks for your input it sounds like we will be ok until we actually leave Canada.

I have a question on this. Our case is similar to yours. My husband and I have been living in Canada for the last 10 years, I am the u.s. citizen. And this year when we leave right after he gets his visa on passport after the interview, we will just fly over to the u.s., activate his green card. Once he gets his green card, we will come back to Canada for few months to wrap up. However, we are looking to not sell the house we have in Canada but to rent it, does that still keep us as resident of Canada until we rent the house out?

[Hawk Riders 814]

37 minutes ago, Abhikochar said:

I have a question on this. Our case is similar to yours. My husband and I have been living in Canada for the last 10 years, I am the u.s. citizen. And this year when we leave right after he gets his visa on passport after the interview, we will just fly over to the u.s., activate his green card. Once he gets his green card, we will come back to Canada for few months to wrap up. However, we are looking to not sell the house we have in Canada but to rent it, does that still keep us as resident of Canada until we rent the house out?

Do you have an address arranged for the US yet? Be aware, per our experience and others', that the GC may be egregiously delayed 😕

It also sounds like you'll be dealing with income from foreign sources as an element of filing your 2021 US taxes next year. That's a topic you'll probably want to invest some reading time on, as well as the CRA residency determination form...

[Abhikochar 102]

5 minutes ago, Hawk Riders said:

Do you have an address arranged for the US yet? Be aware, per our experience and others', that the GC may be egregiously delayed 😕

It also sounds like you'll be dealing with income from foreign sources as an element of filing your 2021 US taxes next year. That's a topic you'll probably want to invest some reading time on, as well as the CRA residency determination form...

We got the joint sponsor, my sister who lives and works in Dallas. But I have signed a job offer this week to start work remotely for now and then once my husband's visa is approved, we are planning to land in California. We will book air bnb there first, but give my family's address for mailing the green card in California. Then come back to Canada once he receives his green card, stay a few months in Canada, rent our place out and then go back again. Hoping in that time my husband will be able to change his job from Canadian employer to an employer in California as well. This is our plan...does it sound doable?

[Abhikochar 102]

1 hour ago, Abhikochar said:

We got the joint sponsor, my sister who lives and works in Dallas. But I have signed a job offer this week to start work remotely for now and then once my husband's visa is approved, we are planning to land in California. We will book air bnb there first, but give my family's address for mailing the green card in California. Then come back to Canada once he receives his green card, stay a few months in Canada, rent our place out and then go back again. Hoping in that time my husband will be able to change his job from Canadian employer to an employer in California as well. This is our plan...does it sound doable?

Also....how delayed us the green card right now? We were thinking of booking one way ticket to California. Collect green card and then book the tickets for Canada. Hoping thohgh that it will arrive within 2 months or so. 

[jackanddeona 310]

14 minutes ago, Abhikochar said:

Also....how delayed us the green card right now? We were thinking of booking one way ticket to California. Collect green card and then book the tickets for Canada. Hoping thohgh that it will arrive within 2 months or so. 

With border closures, lockdowns, testing requirements and waiting for a green card (there is no "wait time" people are getting them anywhere from 2 weeks to still haven't in months) you two should probably try to come up with a less complicated plan and/or just take care of things when you can. You may not be able to in the future. Just my .02 feel free to ignore it.

[Abhikochar 102]

5 minutes ago, jackanddeona said:

With border closures, lockdowns, testing requirements and waiting for a green card (there is no "wait time" people are getting them anywhere from 2 weeks to still haven't in months) you two should probably try to come up with a less complicated plan and/or just take care of things when you can. You may not be able to in the future. Just my .02 feel free to ignore it.

Interesting. No, I wouldn't obviously ignore the valuable help you guys are providing here. So what do you think would be a better way to go about this? I mean the fact is for my husband to land and get his green card, we will have no choice but to go to U.S. and stay there until he physically gets his green card. So we thojght we will rent a place there and just go stay until he gets his green card. Moving from Canada is so complicated right now, specially for us because we have our home in Canada, and I lived here for the past 10 years. It's crazy...so I really appreciate all the help from you guys. 

[jackanddeona 310]

5 minutes ago, Abhikochar said:

Interesting. No, I wouldn't obviously ignore the valuable help you guys are providing here. So what do you think would be a better way to go about this? I mean the fact is for my husband to land and get his green card, we will have no choice but to go to U.S. and stay there until he physically gets his green card. So we thojght we will rent a place there and just go stay until he gets his green card. Moving from Canada is so complicated right now, specially for us because we have our home in Canada, and I lived here for the past 10 years. It's crazy...so I really appreciate all the help from you guys. 

Well whether you plan to rent or sell your place in canada I would recommend looking in to doing it remotely. Property management companies can rent it out for you without you being there and most real estate agents have processes to be able to sell homes to out of province clients. I don't know all the reasons why you want to go back but my experience with this pandemic is just when you think you have a solid plan some new thing happens thats changes it. My goal for crossing the border was not having anything I needed to come back for just in case. If you can't find a way out of coming back then I guess what you should do is ask yourself what happens or what can we do if we are delayed coming back way longer than expected. 

[Abhikochar 102]

3 minutes ago, jackanddeona said:

Well whether you plan to rent or sell your place in canada I would recommend looking in to doing it remotely. Property management companies can rent it out for you without you being there and most real estate agents have processes to be able to sell homes to out of province clients. I don't know all the reasons why you want to go back but my experience with this pandemic is just when you think you have a solid plan some new thing happens thats changes it. My goal for crossing the border was not having anything I needed to come back for just in case. If you can't find a way out of coming back then I guess what you should do is ask yourself what happens or what can we do if we are delayed coming back way longer than expected. 

Our main issue is that my husband has a really good job here in Toronto ..which he would not be quitting and working remotely from California for a little bit until he is waiting for his green card. After he gets his green card, he will start looking for work there, but his employer in Canada mjght want him here. He wouldn't want to lose his job in Toronto before he finds the new job in u.s. so for that we might have to do a bit of travel. Plus with vaccines, hoping things will get better by summer or so being optimistic. Bit you are right, to he cautious with this entire thing. Its so complicated with jobs and everything. 

[jackanddeona 310]

2 minutes ago, Abhikochar said:

Our main issue is that my husband has a really good job here in Toronto ..which he would not be quitting and working remotely from California for a little bit until he is waiting for his green card. After he gets his green card, he will start looking for work there, but his employer in Canada mjght want him here. He wouldn't want to lose his job in Toronto before he finds the new job in u.s. so for that we might have to do a bit of travel. Plus with vaccines, hoping things will get better by summer or so being optimistic. Bit you are right, to he cautious with this entire thing. Its so complicated with jobs and everything. 

Ya well every situation is unique. Assuming that what is currently open or allowed will continue to be is not necessary accurate. Federal government is hinting at border closures with no warning etc. So ya you can only do your best with the info you have at the time but expecting and preparing for him to not be able to go back quickly is how I would approach it. (Or just him and not you etc.)