The Big IR-1/CR-1 DQ'd Message Group (Part V)

[Ontarkie 14,218]

3 hours ago, MRJ9987 said:

I was under the impression that once I cross the border and my visa 'activates' I cease to be a resident of Canada and that I am no longer employed by my employer, and that I am no longer eligible for maternity leave and Canada child tax benefits (I am on maternity leave).  Is that true?  

Yes you will stop being a resident of Canada, you can still work in Canada if you will live close enough to the border to travel back and forth. Also taxes would be changed to non resident, for most it doesn't make sense to continue working in Canada. 

You will stop receiving the child tax credit, it is usually direct deposit so make sure once you cross do not withdraw any deposits out of the account. So if you leave Canada on the 8 and get a deposit on the 20th do not touch it. They will eventually ask for it back. 

 

Now for maternity leave you can still get that even after you move. That and employment insurance you are allowed to collect after the move. These ones are not from the government and you paid into them so make sure you do continue with it.

Edited January 21 by Ontarkie

[Family One 49]

20 hours ago, MRJ9987 said:

I was under the impression that once I cross the border and my visa 'activates' I cease to be a resident of Canada and that I am no longer employed by my employer, and that I am no longer eligible for maternity leave and Canada child tax benefits (I am on maternity leave).  Is that true?  

You do not cease to be a resident of Canada simply because you have an active green card.  It is entirely possible to be considered a resident by both countries since they have different rules.

 

From the US viewpoint, all citizens and green card holders are considered residents for tax purposes, regardless of where they live, even if they have never even visited the US.  This comes with certain benefits, as well as certain obligations (notably taxes).

 

From a Canadian viewpoint, you are deemed a resident, or not, based on a variety of other factors, including physical presence, family, work, house ownership, etc.  A US green card can be a factor which tips the scale toward being a non-resident in Canada, but of itself, it is not conclusive.  You remain a dual resident until your residential ties become stronger in US than they are in Canada.

 

I have heard much discussion to the contrary, so I submitted the official paperwork to the Canadian government for them to make a determination on my residency.  They determined that in my case, the green card alone was not sufficient to deem me a non-resident in Canada.  I would like to hear other official determinations on such matters for similar cases.

[Crazy Cat 41,836]

4 minutes ago, Family One said:

so I submitted the official paperwork to the Canadian government for them to make a determination on my residency. 

What paperwork?  Who made this decision?  

[natashasa 8]

Hey everyone

 

My Timeline :

PD:21 May 2021

DQ:2 NOV 2022

F2A to IR1:15 Jan 2024

 

Almost 3 years 🤐..Hope to get the IL now 😇

 

 

[Family One 49]

13 minutes ago, Crazy Cat said:

What paperwork?  Who made this decision?  

Form NR73 Determination of Residency Status (Leaving Canada)

[MRJ9987 31]

19 hours ago, Ontarkie said:

Yes you will stop being a resident of Canada, you can still work in Canada if you will live close enough to the border to travel back and forth. Also taxes would be changed to non resident, for most it doesn't make sense to continue working in Canada. 

You will stop receiving the child tax credit, it is usually direct deposit so make sure once you cross do not withdraw any deposits out of the account. So if you leave Canada on the 8 and get a deposit on the 20th do not touch it. They will eventually ask for it back. 

 

Now for maternity leave you can still get that even after you move. That and employment insurance you are allowed to collect after the move. These ones are not from the government and you paid into them so make sure you do continue with it.

 

Okay, thanks for your answer.  I am not planning on working for a Canadian company. 

 

Noted about Child Tax Benefit. And good to know about maternity pay.  I was under the impression that you lose if you leave Canada but it's good to be able to keep it.  

[MRJ9987 31]

3 hours ago, Family One said:

You do not cease to be a resident of Canada simply because you have an active green card.  It is entirely possible to be considered a resident by both countries since they have different rules.

 

From the US viewpoint, all citizens and green card holders are considered residents for tax purposes, regardless of where they live, even if they have never even visited the US.  This comes with certain benefits, as well as certain obligations (notably taxes).

 

From a Canadian viewpoint, you are deemed a resident, or not, based on a variety of other factors, including physical presence, family, work, house ownership, etc.  A US green card can be a factor which tips the scale toward being a non-resident in Canada, but of itself, it is not conclusive.  You remain a dual resident until your residential ties become stronger in US than they are in Canada.

 

I have heard much discussion to the contrary, so I submitted the official paperwork to the Canadian government for them to make a determination on my residency.  They determined that in my case, the green card alone was not sufficient to deem me a non-resident in Canada.  I would like to hear other official determinations on such matters for similar cases.

Thanks for your response, that is very good to know. Trying to navigate this whole thing has been challenging at least.  

[tonyrako 20]

On 1/20/2024 at 8:24 PM, Leo The Great said:

https://ceac.state.gov/CEACStatTracker/Status.aspx?App=IV

 

Edited January 22 by tonyrako
posted on wrong comment

[tonyrako 20]

On 1/20/2024 at 10:08 AM, Shades8 said:

this is probably a dumb question, but where on the CEAC website do you see the status of your case after you are done your interview? Mine is this Monday and I’m going to be obsessively checking it post interview.  

My wifes interview was Friday. She was approved but the computer system was down so they couldn't finalize the paperwork. Would you be able to post back here once yours is done and let us know if the system is back up and running today? Best of luck on your interview, my wife said it was quick and easy - other than the computer part! 

 

[mam521 2,062]

On 1/20/2024 at 5:38 AM, hawaiicostco said:

Hello,

 

Could I activate my Immigrant Visa, and hence LPR status, at a land border, and then immediately return to Canada? This is so that my SSN gets processed as I need that to apply for jobs in the US, and I wish to not quit my job in Canada yet until I secure employment in the US. So basically, could I use my Immigrant Visa to re-enter the US in the future to visit my spouse while waiting for the green card to come in the mail because I know that could take several weeks? Is my situation a legit reason to not move to the US immediately and reside in Canada momentarily until i get employment in the US? I don't think my spouse and I can afford me being unemployed even for a bit.

 

Thanks!

This is called "flagpoling" and people do do it.  Just keep in mind there are other potential repercussions.  The 2 countries do share information.  You can lose your provincial health care benefits and some other expectations coincide with your US PR.  If you own a property, sell it before you activate that greencard or you'll have a giant headache to deal with.  

 

As per the instructions on the I-9, you do not require your SSN to begin working in the US.  You do not require your physical greencard to begin working, either.  

14 hours ago, Family One said:

Form NR73 Determination of Residency Status (Leaving Canada)

For federal income tax with the CRA, sure.  This works hand in hand with the IRS and substantial presence determination for income tax. This is, in part, why visitors to the US who spend too much time, irrespective of not holding anything beyond a visitor visa, can accrue enough time to have to pay the IRS income tax.  

 

Permanent residency from an immigration standpoint is USCIS territory and although you do have an obligation to the IRS and CRA for income tax, it's not treated the same way. 

 

Additionally, the provinces have their own criteria for determining whether you're still eligible for benefits.  By activating the PR card, in their determination, you've indicated your emigrating and they can terminate benefits.  If you do take advantage of the benefits, you may find yourself on the hook to repay.  ON has started to crack down on this.  BC has some funny rules, so you're less likely to violate the T&C and I am not sure about other provinces.  

[HoneyBadger26 56]

Husband entered US 1/19 😁 We are now just waiting for the green card/etc.

 

We selected to have SSA issue a SSN card for him, and I'm curious how long that typically takes to arrive?

I've also seen some things saying that the immigrant visa in his passport is proof that he is able to work, until his green card arrives, but I don't know if that is accurate.

 

Can anyone shed any light on these two items?

[llcoolwil 99]

2 hours ago, HoneyBadger26 said:

Husband entered US 1/19 😁 We are now just waiting for the green card/etc.

 

We selected to have SSA issue a SSN card for him, and I'm curious how long that typically takes to arrive?

I've also seen some things saying that the immigrant visa in his passport is proof that he is able to work, until his green card arrives, but I don't know if that is accurate.

 

Can anyone shed any light on these two items?

 

Yes the visa in the passport serves as authorization work. 

 

I had a SSN previously under my maiden name as I worked in the US before, but I had to change my last name due to marriage and it had to reflect what my passport said and it took 4 weeks to get it back after changing my name. Not sure if it's the same wait time but that's the most I can help with. Sorry. 

[mam521 2,062]

3 hours ago, HoneyBadger26 said:

Husband entered US 1/19 😁 We are now just waiting for the green card/etc.

 

We selected to have SSA issue a SSN card for him, and I'm curious how long that typically takes to arrive?

I've also seen some things saying that the immigrant visa in his passport is proof that he is able to work, until his green card arrives, but I don't know if that is accurate.

 

Can anyone shed any light on these two items?

Sometimes the SSA fails to issue the SSN.  Wait about 3 weeks and if it doesn't come, head into the SSA office with documents in hand.  They will be able to tell you guys if the number has been issued.  If not, then he can apply right then and there. 

 

Hubs is eligible to work right from the outset.  He has proof of identity and authorized work status as indicated by his MRIV in his passport.  The SSN is actually needed for the employer to pay tax withholding to the IRS and has nothing to do with his legal entitlement to work.  Employers don't like when they have to hold onto the funds to send to the IRS, but according to the instructions on form I-9, that's just tough patootie.  He's legally entitled to work and can provide the SSN within a reasonable timeframe after he starts his job.  Some HR departments are not educated on this, so just pull up the I-9 instructions if there's a question about it.  

[HoneyBadger26 56]

2 hours ago, mam521 said:

Sometimes the SSA fails to issue the SSN.  Wait about 3 weeks and if it doesn't come, head into the SSA office with documents in hand.  They will be able to tell you guys if the number has been issued.  If not, then he can apply right then and there. 

 

Hubs is eligible to work right from the outset.  He has proof of identity and authorized work status as indicated by his MRIV in his passport.  The SSN is actually needed for the employer to pay tax withholding to the IRS and has nothing to do with his legal entitlement to work.  Employers don't like when they have to hold onto the funds to send to the IRS, but according to the instructions on form I-9, that's just tough patootie.  He's legally entitled to work and can provide the SSN within a reasonable timeframe after he starts his job.  Some HR departments are not educated on this, so just pull up the I-9 instructions if there's a question about it.  

That is great news, thank you. With regard to not having a SSN, we can't get him added to my bank account for paychecks; I assume with proof of identity (visa) he could take his paychecks somewhere to cash them? In all likelihood, his SSN will arrive before getting hired, so probably won't even need to worry about that, but still like to plan ahead.

 

4 hours ago, llcoolwil said:

 

Yes the visa in the passport serves as authorization work. 

 

I had a SSN previously under my maiden name as I worked in the US before, but I had to change my last name due to marriage and it had to reflect what my passport said and it took 4 weeks to get it back after changing my name. Not sure if it's the same wait time but that's the most I can help with. Sorry. 

Thank you, that is helpful!

[Codermonk 1]

Had my Medical Appointment today with Dr Cheema in Surrey, BC, here was my experience.

 

Doctor Cheema's office staff are very knowledgeable about the process and can answer most questions. I came prepared with my Interview Letter printed, they also need your passport, PHN if you have it, and a printout of your vaccination records. I was able to export mine from the BC Health Gateway website and email it to them. It didn't have my full history, but for those, I had already been to my own GP, had a titer test done, and got the missing shots there.

 

My 10-year tetanus was also due, now here's a catch - my doctor only gave me a TD shot, but, it should have been a TDAP shot - as Doctor Cheema's office noted that I needed Pertussis as well - so I had to get yet another booster from Dr. Cheema, no big deal, but they do charge $50 for it, on top of the fee for your age group.

The Exam with Dr. Cheema is very fast, he asks some medical questions, does a very quick physical, and gives you any shots you need - overall a very friendly experience.

 

They then send you on your way to the blood test and Imaging locations - they booked me a blood test in advance for the location within walking distance - it was PACKED today so my appointment happened about 30 minutes after the scheduled time.

After that, the Imaging place they recommended is a drive away. Parking there is free around the back, but today it was atrociously busy, so I had to circle a few times before getting a spot. They were also PACKED, but had lots of seating for waiting - that wait was about an hour before they did a very quick chest X-Ray.

That's it, Dr. Cheema's office handles sending the file to the consulate, and they will email you the results as well. It was a busy day of medical things, but not overly complicated.