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

[SASAS 122]

On 1/23/2021 at 11:50 PM, Lovepeace0303 said:

Hey guys. Sounding like a broken record at this point, but we’re still waiting on my husband to be issued his visa. I don’t really understand why it’s taken us this long. The Consulate hasn’t asked him for any additional documents since his interview on Dec 14. They haven’t even touched his case for 30 days now on CEAC. They still have his passport. Should I be worried? I keep thinking it’ll be okay and to just wait this out, but the anxiety has really started to kick in again. I totally want to just give up now.

Sorry this is happening..it’s unfair. if I’m not mistaken, there were a couple others who were temporarily approved because their medical were late. Are there others still waiting for the passports? Fingers crossed that your husband gets his passport back soon..

[CGs_Mother 114]

1 hour ago, sjb17 said:

This is not true. You're quoting the IRS substantial presence tax rule. Each time you're granted entry to the US, you're generally allowed to stay up to 6 months per visit. It is, however, up to the border agent's discretion to let you in or reduce your 6-month allowance if they doubt your intention to visit/length of stay. You can read about this extensively in the FAQ under "General FAQ."  

Thanks. I did read the FAQ and yes I got confused at that paragraph (my husband and I file MFS and I don't file taxes with the IRS yet). However, there is also a restriction on the number of days you can stay if you are covered by provincial health care, depending on your province as well, and that is cumulative per calendar year, so there is also that to consider if someone is still covered for health care in Canada.

 

Finally, speaking of the FAQs, I noticed something and I have a question further to the FAQs. My DQ date is September 1, 2020, so I expect my interview to be in May with notification in April. I applied for CR-1/CR-2 for my child. My wedding anniversary is May 8 and we will have been married for 2 years as of May 8, 2021. If things go according to the current schedule, and my medical is scheduled in April but my interview is scheduled after May 8, 2021, would that qualify my child and me for IR-1/IR-2 or would we still be CR-1/CR-2? The FAQs say interview date but they also say you have 6 months after your medical to get your affairs in order to move. Thanks!

 

 

[jackanddeona 310]

3 minutes ago, CGs_Mother said:

Thanks. I did read the FAQ and yes I got confused at that paragraph (my husband and I file MFS and I don't file taxes with the IRS yet). However, there is also a restriction on the number of days you can stay if you are covered by provincial health care, depending on your province as well, and that is cumulative per calendar year, so there is also that to consider if someone is still covered for health care in Canada.

 

Finally, speaking of the FAQs, I noticed something and I have a question further to the FAQs. My DQ date is September 1, 2020, so I expect my interview to be in May with notification in April. I applied for CR-1/CR-2 for my child. My wedding anniversary is May 8 and we will have been married for 2 years as of May 8, 2021. If things go according to the current schedule, and my medical is scheduled in April but my interview is scheduled after May 8, 2021, would that qualify my child and me for IR-1/IR-2 or would we still be CR-1/CR-2? The FAQs say interview date but they also say you have 6 months after your medical to get your affairs in order to move. Thanks!

 

 

It is determined by the day you cross the border. You may have to apply for the change if the give you C-R1. I am not sure on your kids though maybe someone else with experience can answer that.

[mam521 1,985]

On 1/20/2021 at 12:54 PM, Ptitchou said:

I've booked my appointment with Dr Mascarenhas for Feb 1 with the knowledge that it's unlikely the medical will get to the consulate by my Feb 8 interview. I spoke with him directly by phone because we needed to discuss my situation with still recovering from COVID. He was very nice on the phone and let me know they'd give me a deferral letter just in case. 

 

Does anyone know if I'm able to get a copy of my xray after it's done? I need to get another chest x-ray for my own GP to check the progress of my lungs so if obviously prefer to reduce the amount of x-rays I get at one time and just get that one sent to my GP. 

Did anyone answer this?  You get a CD with your chest x-ray.  You can't open it until after your interview, but the Consulate gave mine back. 

 

On 1/21/2021 at 2:45 PM, 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, he can work.  It's in the instructions for the form I-9.  Your temp I-551 in your passport serves as proof of status. 

 

On 1/22/2021 at 8:02 AM, 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?

I will say this...as a person who owned a house in Canada and sold it while living in the US - its a NIGHTMARE.  CRA in Canada doesn't talk to CRA International.  Getting the clearance certificate from the Canadian Government was the BIGGEST headache.  Look into it in more detail before you decide. Additionally, you have to hold back rent, etc for tax purposes.  We never intended to live there again so if I had to do it all over again, I'd have sold the house before we left. If you intend to move back at some point, that might be different.  

 

On 1/22/2021 at 5:18 PM, Hawk Riders said:

Dunno. It's been 90 days now since POE so we'll submit a case inquiry. 

Ours took over 4 months.  Then, as I submitted a MyUSCIS request, they finally appeared in the system.  

 

Kid2 had the wrong status (CR-2 instead of IR-2).  I filed I-90 (a bit convoluted) and got a PD.  Well, it was going to take 4mo...I tried to call.  Nope.  I went onto the USCIS website and did live chat - that worked!  The lady created an expedite through chat and told me I'd hear within 5 days.  not even 24 hours later, approved.  Checked status today - card is being issued.  So, hopefully I get it soon so I can deal with the incompetent people at the SSA and get SSN's for the kids 🤦‍♀️ and also get Kid2's passport renewed. 

 

On 1/24/2021 at 9:47 AM, State and Maine said:

Forgive my ignorance but are interviews scheduled on first come first serve based on dq date? Or do they pick and choose from various dates? I’ve peeked at the spreadsheet and it looks like it’s in order but I see some that seemed to have jumped the queue a bit. Thanks in advance for the answers 

Hypothetically, by DQ, then PD.  However, say the Consulate has 25 interview slots. They will take the first 25 DQ dates and from there, they schedule according to your original PD date.  So you and your neighbour may have DQ dates on the same day, but your neighbour has a PD date a month before yours, the neighbour's interview date will be prioritized over yours.  

[mam521 1,985]

36 minutes ago, CGs_Mother said:

Thanks. I did read the FAQ and yes I got confused at that paragraph (my husband and I file MFS and I don't file taxes with the IRS yet). However, there is also a restriction on the number of days you can stay if you are covered by provincial health care, depending on your province as well, and that is cumulative per calendar year, so there is also that to consider if someone is still covered for health care in Canada.

 

Finally, speaking of the FAQs, I noticed something and I have a question further to the FAQs. My DQ date is September 1, 2020, so I expect my interview to be in May with notification in April. I applied for CR-1/CR-2 for my child. My wedding anniversary is May 8 and we will have been married for 2 years as of May 8, 2021. If things go according to the current schedule, and my medical is scheduled in April but my interview is scheduled after May 8, 2021, would that qualify my child and me for IR-1/IR-2 or would we still be CR-1/CR-2? The FAQs say interview date but they also say you have 6 months after your medical to get your affairs in order to move. Thanks!

 

 

Yes, you will both be bumped to IR status if you cross the border on or after May 9, 2021.  

 

We interviewed Mar. 9, 2020, so the temp I-551 said CR-1/CR-2.  My 2 year anniversary was Mar. 31, 2020.  We crossed the border on April 1, 2020, and 2 out of the 3 greencards came with IR status.  I've recently had an I-90 approved to "fix" the greencard that didn't have the correct IR status.  

[DGF 730]

1 hour ago, CGs_Mother said:

Finally, speaking of the FAQs, I noticed something and I have a question further to the FAQs. My DQ date is September 1, 2020, so I expect my interview to be in May with notification in April. I applied for CR-1/CR-2 for my child. My wedding anniversary is May 8 and we will have been married for 2 years as of May 8, 2021. If things go according to the current schedule, and my medical is scheduled in April but my interview is scheduled after May 8, 2021, would that qualify my child and me for IR-1/IR-2 or would we still be CR-1/CR-2? The FAQs say interview date but they also say you have 6 months after your medical to get your affairs in order to move. Thanks!

This can be a bit confusing. If you interview before your 2 year anniversary, then the visas that will be issued will be CR1/CR2 (tbh I have no idea what you'd be issued if you interviewed the day before your anniversary but the visas weren't issued/printed until the day after). However, it is the POE date that matters for what type of green card you'll get (conditional vs. 10 year). If you POE after/on your 2 year anniversary then you'll enter as IR1/IR2 despite the issued visa being a CR1/CR2 and so you'll get 10 year green cards (imo the closer you are to your anniversary, the higher the chance that USCIS accidentally sends green cards that say CR1/CR2 instead of IR1/IR2 but that's free to fix, just a hassle). 

 

Actually I think I just made that so much more confusing 😂

[Specter 35]

Hi,

 

I was trying to find this question in FAQs, Can someone tell me if we have to upload our new Canada Police Clearance in the CEAC before the interview?

[sjb17 192]

18 minutes ago, Specter said:

Hi,

 

I was trying to find this question in FAQs, Can someone tell me if we have to upload our new Canada Police Clearance in the CEAC before the interview?

You don't have to upload your new documents into CEAC. Most folks just bring them to the interview. 

[Nikasalts 10]

7 hours ago, CGs_Mother said:

It really depends on your CBP officer and your CBSA officer. It also depends on whether or not you and your spouse are Canadian/US Citizens or if one or both of your are permanent residents. And it also depends on whatever travel bans both countries are about to put in place these coming weeks. If your Canadian employer will allow you to work remotely, you could stay for the maximum amount of time before your provincial health insurance expires (if that applies in your region) or before the B2 visa (the stamp in your passport at the time of entry) expires. Note that the 6 months is a cumulative amount over a 12 month period, so if you go in January, stay for 3 months, come back in April, then go back in June, you won't be able to stay until December - your stamp (visitor visa) would expire in August. It's something that very few people can manage in these economic times - the person above said they are lucky because both they and their spouse can work remotely and go back and forth. I can work remotely at my husband's house in Houston, but my husband is a frontline worker who cannot. Also, I am moving with my child and cannot leave my child in Canada for 6 months at a time. 

 

You MUST be able to show your ties to Canada, though. As long as you can demonstrate that you have something that ties you here (a job, a mortgage or lease, etc.), you shouldn't have any issues going to the US. If you have nothing to tie you to Canada (you rent an apartment without a lease, you're self-employed, etc.) the CBP may deny you entry. That doesn't mess up your application, but if they deny you at the airport, don't turn around and try again on the same day by driving across the border. (Not that you can do that during COVID anyway...)

 

The good news about this whole COVID situation is that video communication has massively improved. It isn't the same, but there are many people in the same town who can't see each other in person because of COVID. I speak with my husband every day, just like we live together. It helps. Love conquers all! ❤️ 

Thank you for your response, yes love conquer all

 

I'm Canadian citizen and my husband is USC. I can work remotely and just like you I'm immigrating with my child that I can't leave at home alone. I visited him few times already this year for short periods of time. I wasn't sure if the length of my stay (less than 182 days obviously) wouldn't mess with my application.  Since I can organize my work remotely and my daughters school is mostly online I'm starting to consider visiting him for longer than 2 weeks. I just wanted to make sure it won't affect the application.  

 

The last B2 stamp in my passport expires March 24th, does it mean they can issue another 6 months after that (providing I didn't go over those 182 days)? I'm still a little confused about the B2 and amount of days I can stay. Wouldn't want to overstay my visa. 

 

 

[Nikasalts 10]

8 hours ago, Sparkie said:

Different person here but in the case of my wife and I, for the past couple years we've just bounced between the countries every 6 months so that neither of us is overstaying and we don't have to spend time apart. But we work remotely so the situation is also vastly different than the "norm." If you're in a similar situation, though, you should have zero issues moving between the two countries. Worst case is you get pulled into secondary checks (happens pretty often for me but they let it go after, usually pretty quickly).

Thank you. 

My husband is essential in US but I can work remotely and my daughters school is mostly online. 

Do they never give you troubles when you say you work from US? Customs tried to catch me on this once then I told them I travel with my laptop because I work from US....I don't know what's the right answer to this. I obviously work for my Canadian employer. 

[sjb17 192]

16 minutes ago, Nikasalts said:

 

The last B2 stamp in my passport expires March 24th, does it mean they can issue another 6 months after that (providing I didn't go over those 182 days)? I'm still a little confused about the B2 and amount of days I can stay. Wouldn't want to overstay my visa. 

 

 

Yes. As long as you don't stay past the date that's stamped in your passport each time you enter (which is generally 6 months each time you're admitted, unless the admitting CBP officer says/stamps otherwise) you won't have overstayed your visa. You enter on a new B2 visa each time you visit, it doesn't build off the last one, but it's important to note the CBP office can reduce your max length of stay if they question your intent to visit. This has never happened to me though and I have visited frequently over the last few years (staying well within the 6-month maximum stay each time). If you don't get a physical stamp in your passport you can check your "admit until" date on the i-94 website.
 

Edited January 25, 2021 by sjb17

[PennyLaneB 55]

1 hour ago, Nikasalts said:

Thank you. 

My husband is essential in US but I can work remotely and my daughters school is mostly online. 

Do they never give you troubles when you say you work from US? Customs tried to catch me on this once then I told them I travel with my laptop because I work from US....I don't know what's the right answer to this. I obviously work for my Canadian employer. 

Oops, I had misunderstood your question. I didn’t have any trouble crossing the border with my work laptop. I was not asked if I will be working remotely and my work had no issues with it as long as I kept it under 6 months for tax purposes. I read that some people have been denied at the border so my experience may not be the norm. 
 

Something to keep in mind:

In US, you are considered a resident for tax purposes if you are in the US:

• 31 days during the current year, and
• 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
  • All the days you were present in the current year, and
  • 1/3 of the days you were present in the first year before the current year, and
  • 1/6 of the days you were present in the second year before the current year.

https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

Edited January 25, 2021 by PennyLaneB

[DGF 730]

1 hour ago, Nikasalts said:

Thank you. 

My husband is essential in US but I can work remotely and my daughters school is mostly online. 

Do they never give you troubles when you say you work from US? Customs tried to catch me on this once then I told them I travel with my laptop because I work from US....I don't know what's the right answer to this. I obviously work for my Canadian employer. 

You technically aren't allowed to work from the US even if it is remotely for a company not in the US unless you have work authorization. That would be why they gave you trouble for it. 

[Nikasalts 10]

1 minute ago, DGF said:

You technically aren't allowed to work from the US even if it is remotely for a company not in the US unless you have work authorization. That would be why they gave you trouble for it. 

Yep, that explains it. So how do I go about working for Can employer but not working? Extended holidays?

[Nikasalts 10]

1 hour ago, PennyLaneB said:

 

 

 

In US, you are considered a resident for tax purposes if you are in the US:

• 31 days during the current year, and
• 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
  • All the days you were present in the current year, and
  • 1/3 of the days you were present in the first year before the current year, and
  • 1/6 of the days you were present in the second year before the current year.

https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

Thanks for sharing that info. 

I'm nowhere near 183 during the last 3 years yet (mostly due to covid) but visiting for couple of months will definitely tip me over 31 days. 

Is that much of a problem then, does IRS go after you when you immigrate? 

 Sorry, I'm a total newbie.