Visiting before moving with approved ir5

[tamiisaqt 0]

My Canadian parents visa was approved! They live close and want to still visit some weekends before they sell their house and move here. They’re worried if they get their visa stamped before selling their house it will mess up their taxes. Should they be worried? Or can they tell the border agent they’re just visiting and not using the visa yet? 

[Chancy 6,241]

4 minutes ago, tamiisaqt said:

can they tell the border agent they’re just visiting and not using the visa yet?

 

Technically, while that is allowed, other VJ members have had issues with this in practice.  The inspecting CBP officer may just admit your parents as IR5 immigrants if they see the visas in their passports.  See @Family One's post below --

 

 

[mam521 2,062]

Someone here just a few days ago had it happen where they were wanting to just visit the US and officially activate their PR at a later date and they were told they could not.  Their PR was activated and they hadn't even paid the green card fee yet because they weren't planning to activate at that moment. 

[Lil bear 4,201]

19 minutes ago, tamiisaqt said:

My Canadian parents visa was approved! They live close and want to still visit some weekends before they sell their house and move here. They’re worried if they get their visa stamped before selling their house it will mess up their taxes. Should they be worried? Or can they tell the border agent they’re just visiting and not using the visa yet? 

Expect to trigger the IR5. Look v carefully into taxability of the house sale /capital gains  when it occurs after the IR activation. Not sure what the current amount is for the gain before it is taxable but thats why we liquidated all our assets before entering the US 

[Boiler 45,486]

Definitely a risk