Montreal embassy EB-2 interview wait time-Part 2

[AliceVancouver 2]

4 hours ago, pilot787 said:

Need your advice!  So, my husband was the primary applicant and on the visa it says that I can only follow him. We didn’t want to land right away, because we have to sell the house first. So, today I had layover in Houston, and I was going through the customs, and I was without my husband. The US officer saw my visa and said that he will try to bypass it to let me in, which did happen. However, 30 min later I got a call from Customs and Immigration. The officer was super nice, but said that they have to cancel all my previous US visas( I had 2 on my other passport), and that they have to activate my E22 visa. And that I will get greencard mailed to me. I told him that we are planning to cross the border in September, and that I haven’t even paid the fees. But he told me that now my Greencard is activated and asked for an updated address. I honestly, don’t understand how they could have activated it, though I’m not a principal applicant. And that’s what even says on the visa. And what am I supposed to do now, when we go to cross together in September? 
looking for any insights, please, because I’m very confused. 

Our interview will be on July 27,2023. And we could be on similar situation to yours.

 

My husband is holding TN, I'm the main applicant.

Please let us know what happens in the future.

Edited June 26, 2023 by AliceVancouver

[mam521 2,062]

15 hours ago, pilot787 said:

Need your advice!  So, my husband was the primary applicant and on the visa it says that I can only follow him. We didn’t want to land right away, because we have to sell the house first. So, today I had layover in Houston, and I was going through the customs, and I was without my husband. The US officer saw my visa and said that he will try to bypass it to let me in, which did happen. However, 30 min later I got a call from Customs and Immigration. The officer was super nice, but said that they have to cancel all my previous US visas( I had 2 on my other passport), and that they have to activate my E22 visa. And that I will get greencard mailed to me. I told him that we are planning to cross the border in September, and that I haven’t even paid the fees. But he told me that now my Greencard is activated and asked for an updated address. I honestly, don’t understand how they could have activated it, though I’m not a principal applicant. And that’s what even says on the visa. And what am I supposed to do now, when we go to cross together in September? 
looking for any insights, please, because I’m very confused. 

I'd consult with a lawyer.  As you've mentioned, everything I've ever heard says the principal applicant has to activate first or be present when the derivative applicants are entering the US.  Sounds like a potentially large (and financially costly for you) screw up.  

[TheMaverick 50]

51 minutes ago, mam521 said:

I'd consult with a lawyer.  As you've mentioned, everything I've ever heard says the principal applicant has to activate first or be present when the derivative applicants are entering the US.  Sounds like a potentially large (and financially costly for you) screw up.  

What could be the large financial cost? Selling the house after becoming a resident?

[TheMaverick 50]

Question: Do you know of anyone who sold their house after getting the green card and how is capital gains taxed? Canada does not charge capital gains on principal residence but once we activate the green card ideally the current home is not the principal residence. I was reading this article which talks of a deemed sale as on the day we switch residency. Not sure how to get that activated. Link to the article https://www.maroofhs.com/post/principal-residence-exemption-while-moving-from-canada-to-united-states-or-other-countries/

[Lkkclub123 23]

Hello everyone, I leased a car at the Lexus store in 2021, and it expires next year. I plan to buy it out and bring it to the United States for use now. What should I do? What documents do I need to prepare to turn my Canadian car into a USA car? Is there any detailed steps you can teach me?Thank you very much for your reply!

[pilot787 23]

14 hours ago, AliceVancouver said:

Our interview will be on July 27,2023. And we could be on similar situation to yours.

 

My husband is holding TN, I'm the main applicant.

Please let us know what happens in the future.

For sure! Will let you know! Good luck with your interview! 

[pilot787 23]

1 hour ago, TheMaverick said:

Question: Do you know of anyone who sold their house after getting the green card and how is capital gains taxed? Canada does not charge capital gains on principal residence but once we activate the green card ideally the current home is not the principal residence. I was reading this article which talks of a deemed sale as on the day we switch residency. Not sure how to get that activated. Link to the article https://www.maroofhs.com/post/principal-residence-exemption-while-moving-from-canada-to-united-states-or-other-countries/

You’ll have to pay the capital gain on the sale as soon as you activate your greencard and become US resident. What I’ve found,  is that you are getting an exemption of 500,000 for a couple, if you owned the house for at least 5 years, and lived there for 2 years, I believe. You can also write off the renovations and the closing fees. 

[pilot787 23]

2 hours ago, mam521 said:

I'd consult with a lawyer.  As you've mentioned, everything I've ever heard says the principal applicant has to activate first or be present when the derivative applicants are entering the US.  Sounds like a potentially large (and financially costly for you) screw up.  

I don’t see how lawyers would help me, to be honest. Except taking my money. I’m still planning on joining my husband when he’s going to land. But it will be interested to see if they mail my card now, before he activates his card. 

[TheMaverick 50]

11 minutes ago, pilot787 said:

You’ll have to pay the capital gain on the sale as soon as you activate your greencard and become US resident. What I’ve found,  is that you are getting an exemption of 500,000 for a couple, if you owned the house for at least 5 years, and lived there for 2 years, I believe. You can also write off the renovations and the closing fees. 

The 500000 is accurate but I guess you are missing the deemed sale part of the conversation. As per the article say you got your home in 2015 for 500K and you activate your green card today and say as of today your house is deemed to be worth 1 million(the article says you would have sold and brought the house for 1 million). So now your base is 1 million. Say if you sell your house on 1 Jan 2024 and now the house is worth 1.2 million the capital gains is now 200 k and not 700 k. Also the 200 k can be adjusted across the 500 k deduction for couples

[mam521 2,062]

5 minutes ago, pilot787 said:

I don’t see how lawyers would help me, to be honest. Except taking my money. I’m still planning on joining my husband when he’s going to land. But it will be interested to see if they mail my card now, before he activates his card. 

I'd be concerned with how things could impact if you want to gain citizenship in the future.  

 

It'd be interested to know if they send your card without his being activated.  I do know that USCIS is disorganized.  We had 3 greencards sent at once.  2 of 3 had the correct status (IR instead of CR), 1 did not (CR).  Filed I-90 to get it fixed, received new greencard with correct status and a year and a half later, get a notice reminding us to remove conditions on the incorrectly issued, but fixed greencard.  

[pilot787 23]

3 minutes ago, TheMaverick said:

The 500000 is accurate but I guess you are missing the deemed sale part of the conversation. As per the article say you got your home in 2015 for 500K and you activate your green card today and say as of today your house is deemed to be worth 1 million(the article says you would have sold and brought the house for 1 million). So now your base is 1 million. Say if you sell your house on 1 Jan 2024 and now the house is worth 1.2 million the capital gains is now 200 k and not 700 k. Also the 200 k can be adjusted across the 500 k deduction for couples

Oh, interesting! Well, we are definitely going to the tax advisors first. Just to calculate what we might owe to IRS..Just hoping not to lose lots $$$

[mam521 2,062]

55 minutes ago, Lkkclub123 said:

Hello everyone, I leased a car at the Lexus store in 2021, and it expires next year. I plan to buy it out and bring it to the United States for use now. What should I do? What documents do I need to prepare to turn my Canadian car into a USA car? Is there any detailed steps you can teach me?Thank you very much for your reply!

I'd check to see if Lexus is even issuing compliance letters.  Toyota Canada is no longer issuing them and I haven't yet heard of a way around this.  Lexus is, of course, a Toyota subsidiary.  You need the letter of compliance and the bill of sale.  Barring it's fully DOT compliant (the big issue is often no factory installed TPMS), you will need forms HS-7 and there's an EPA form.  That will get you through the federal border and then you'll have to check into the state requirements for where you're moving to.  

[Lkkclub123 23]

2 hours ago, mam521 said:

I'd check to see if Lexus is even issuing compliance letters.  Toyota Canada is no longer issuing them and I haven't yet heard of a way around this.  Lexus is, of course, a Toyota subsidiary.  You need the letter of compliance and the bill of sale.  Barring it's fully DOT compliant (the big issue is often no factory installed TPMS), you will need forms HS-7 and there's an EPA form.  That will get you through the federal border and then you'll have to check into the state requirements for where you're moving to.  

Thanks for letting me know, it's really too bad, I'll just have to see what else I can do to bring my car to the US

[mam521 2,062]

2 hours ago, Lkkclub123 said:

Thanks for letting me know, it's really too bad, I'll just have to see what else I can do to bring my car to the US

It’s always one thing or another! Hopefully you’re successful with the compliance letter and can just import with ease! 

[Ibbs 8]

I'm trying to plan my travel after my interview on July 18th.  How long did it take people in the group to get their passports?  I paid for the courier service and pickup at a BP in MTL.  If my interview is on a Tuesday, is it possible that I will get my passport on Thursday?