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

[darth vader 133]

41 minutes ago, Kai (CanadaDude) said:

My husband has been in Canada more or less continuously since March 2020 and has been working remote. He's on visitor status, so has US Driver's License, employer, mortgage and the like. He's gonna be going back down to the states once I get a date for the interview.

 

We don't anticipate any issues with domicile. It's more of a problem if the Petitioner has permanent status/long term work or student status in Canada and has Canadian ties afaik.

Yeah, my wife is a Canadian permanent resident. Hence, wondering.

[Kai G. Llewellyn 837]

18 minutes ago, darth vader said:

Yeah, my wife is a Canadian permanent resident. Hence, wondering.

Right, well...in that case I would be certain to demonstrate that she's living/working in the US and has minimal ties to Canada outside of you, and that she be in the US at your time of interview. Even if you get a denial, it's a denial that can be overcome with further evidence of US domicile after the interview.

Edited May 16, 2021 by Kai (CanadaDude)

[darth vader 133]

4 minutes ago, Kai (CanadaDude) said:

Right, well...in that case I would be certain to demonstrate that she's living/working in the US and has minimal ties to Canada outside of you, and that she be in the US at your time of interview. Even if you get a denial, it's a denial that can be overcome with further evidence of US domicile after the interview.

I dont see what further evidence we can gather? She would already have U.S. job, drivers license, we may buy a house or at least get a lease for an apartment, voter registration etc. I would be really mad if they question domicile if someone spends 33% of the time outside U.S. like ####### more can we do? Do we really have to abandon each other in order to get the visa? cmon....

We really dont want her to give up her Canadian PR. That's the only thing I can think of that they can ask for, but they haven't done that since 2009 (when they demanded that of a few cases, but I am sure none of them had a U.S. job etc.). Can you think of any such other cases?

Edited May 16, 2021 by darth vader

[Kai G. Llewellyn 837]

Just now, darth vader said:

I dont see what further evidence we can gather? She would already have U.S. job, drivers license, we may buy a house or at least get a lease for an apartment, voter registration. I would be really mad if they question domicile if someone spends 33% of the time outside U.S. like ####### more can we do? Do we really have to abandon each other in order to get the visa? cmon....

I mean, to a reasonable person that should be sufficient. I'm not a CO so I can't make that call. You've gotta present the evidence and hope for the best. They might not even question you on it.

[darth vader 133]

Just now, Kai (CanadaDude) said:

hope for the best

I wish the process was more objective and not dependent on a CO's whim so much. This feels like fighting cancer rather than immigration at this point. I literally have to fear losing my wife. This is so cruel.

[Kai G. Llewellyn 837]

Just now, darth vader said:

I wish the process was more objective and not dependent on a CO's whim so much. This feels like fighting cancer rather than immigration at this point. I literally have to fear losing my wife. This is so cruel.

That's unfortunately the nature of US Immigration. The laws and regulations are written in a manner whereby designated officers must consider the totality of the evidence to make a judgement. Sadly that judgement on borderline cases can vary from officer to officer. Canadian Immigration tends to be a lot more well defined, but that's probably only because they had a complete rewrite of the law in 2001-2002, whereby the US is still using a large body of law from the 60s. 😧

[Hawk Riders 814]

reminders:

the forums are readily searchable and many presented questions have already been answered and discussed, sometimes quite extensively. we have an FAQ for that very reason. 

encouraging users to flout travel restrictions imposed by any nation is a bad idea.

[darth vader 133]

Just now, Kai (CanadaDude) said:

That's unfortunately the nature of US Immigration. The laws and regulations are written in a manner whereby designated officers must consider the totality of the evidence to make a judgement. Sadly that judgement on borderline cases can vary from officer to officer. Canadian Immigration tends to be a lot more well defined, but that's probably only because they had a complete rewrite of the law in 2001-2002, whereby the US is still using a large body of law from the 60s. 😧

Yes. Things like using assets instead of income. Just provide a vehicle (fixed deposit etc.) where I can put the money in and BAM - no officer can then deny you for not having current income. But no, you could literally have MILLIONS and still fear if a CO would like that or not. What a painful process.

[darth vader 133]

2 minutes ago, Hawk Riders said:

reminders:

the forums are readily searchable and many presented questions have already been answered and discussed, sometimes quite extensively. we have an FAQ for that very reason. 

encouraging users to flout travel restrictions imposed by any nation is a bad idea.

I don't know if this as directed at me. But if it is, I never encouraged folks to break any laws, I was making folks aware of the provisions of the law. There are caveats that one should be aware of. I shared the links so folks can educate themselves. That seems to be a fair thing to do, right?

 

Also, thank you so much for being such an active member of this community and all your hard work.

Edited May 16, 2021 by darth vader

[Riversong 420]

11 hours ago, Twiz&Toz said:

Figured I’d post this. Yes travel to Canada can happen how ever as per the quarantine act:

You cannot quarantine in group living environments

Some examples include:

• a small apartment you share with others
• a shared household with a large family or families or many people
• a shelter, group home, group residence, hostels, industrial camps, construction trailers or other group setting
• a student residence (unless you’ve received prior authorization)
• shared living spaces with housemates who haven’t travelled with you that you cannot avoid interacting with

 

For a full list of examples, visit the Congregate living settings section.

Avoiding contact with people at risk 

You cannot quarantine in a place where you will have contact with people who

• are 65 years or older
• have underlying medical conditions
• have compromised immune systems
• work or assist in a facility, home or workplace that includes at-risk populations, including:
  • Nurses, doctors, other healthcare professionals, personal support workers, social workers
  • First responders, such as paramedics
  • Cleaning and maintenance staff, receptionists and administrative staff, food services staff, volunteers, essential visitors to those living in long-term care facilities

So for 14 days you are to have 0 contact with ur other half and can’t even be in the same room. Ppl who are finding any loop hole around these measures are making it harder for us to see our loved ones. Ps if a boarder agent see ur quarantine plan unsuitable you will be denied or put in a 14 day hotel. I do not want to know that price. I saw the other day on the news there is government run hotels at 0 cost but u are not leaving until ur 14 days are up.

It is also so not worth risking everything.  I, and I am 100%positive all of us, would LOVE to see our spouse, but breaking quarantine and risking our visas when we are so close to the finish line is not worth it. My husband was going to fly to Canada and help me bring my (our) cat and dog. But when I was home with him last we realized the 14 day quarantine for him would not be doable as he did not have enough vacation days left, so I left our dog with him. So now I am without my love and my baby girl. I love my cat, but my dog was a really good source of comfort, more of an ESA for me during this whole process. 

Fingers crossed that we get our ILs on Monday

[Purrikitty 50]

It's only Sunday afternoon and I'm already stressed and anxious about interview letters this coming week. I so hope Monday brings the relief we all deserve. My nerves can't handle much more of this! 😭

[Riversong 420]

2 minutes ago, Purrikitty said:

It's only Sunday afternoon and I'm already stressed and anxious about interview letters this coming week. I so hope Monday brings the relief we all deserve. My nerves can't handle much more of this! 😭

OMG me too! The last few weeks have been so stressful!!

[Kai G. Llewellyn 837]

47 minutes ago, Riversong said:

It is also so not worth risking everything.  I, and I am 100%positive all of us, would LOVE to see our spouse, but breaking quarantine and risking our visas when we are so close to the finish line is not worth it. My husband was going to fly to Canada and help me bring my (our) cat and dog. But when I was home with him last we realized the 14 day quarantine for him would not be doable as he did not have enough vacation days left, so I left our dog with him. So now I am without my love and my baby girl. I love my cat, but my dog was a really good source of comfort, more of an ESA for me during this whole process. 

Fingers crossed that we get our ILs on Monday

I will second this, as much as I vehemently dislike the travel restrictions Canada has continued to maintain for so long, people should be following the quarantine process. Remember, spousal exceptions only came in three months after the border closure after extensive campaigning, I would hate to see the government clamp down on it after US spouses were caught breaking quarantine. In better news, they are at least talking about a border reopening now, but it looks like it'll be a few months yet.

[darth vader 133]

2 hours ago, Kai (CanadaDude) said:

My husband has been in Canada more or less continuously since March 2020 and has been working remote. He's on visitor status, so has US Driver's License, employer, mortgage and the like. He's gonna be going back down to the states once I get a date for the interview.

 

We don't anticipate any issues with domicile. It's more of a problem if the Petitioner has permanent status/long term work or student status in Canada and has Canadian ties afaik.

Since he is working remotely from Canada, his income is considered Canadian sourced and he should be paying CRA first and then taking a deduction from IRS. Also, he cant work as a W-2 employee from Canada, the U.S. employer needs to run a Canadian payroll if the work is being performed in Canada. CRA has authority to enforce these rules even in the U.S. and IRS would collect on behalf of CRA. I recently had a very detailed chat with a cross border tax accountant about this. I hope you guys are not simply not filing taxes with CRA. Even U.S. residents who worked from Canada more that 183 days are required to file. Please check the laws. Hope you are already aware of all of this. Good luck!

[Kai G. Llewellyn 837]

6 minutes ago, darth vader said:

Since he is working remotely from Canada, his income is considered Canadian sourced and he should be paying CRA first and then taking a deduction from IRS. Also, he cant work as a W-2 employee from Canada, the U.S. employer needs to run a Canadian payroll if the work is being performed in Canada. CRA has authority to enforce these rules even in the U.S. and IRS would collect on behalf of CRA. I recently had a very detailed chat with a cross border tax accountant about this. I hope you guys are not simply not filing taxes with CRA. Even U.S. residents who worked from Canada more that 183 days are required to file. Please check the laws. Hope you are already aware of all of this. Good luck!

We're well versed regarding the tax consequences regarding him working up here as a W-2 employee, we have hired cross-border accountants and have filed US and Canadian income tax returns for him.

 

The CRA has published further guidance regarding tax issues caused by travel restrictions, see here: https://www.canada.ca/en/revenue-agency/campaigns/covid-19-update/guidance-international-income-tax-issues.html

Edited May 16, 2021 by Kai (CanadaDude)