Travel allowed after CR1 approval

[Jim.K 0]

I’m a Canadian citizen moving to the US in the next few months. I’ve received my approved cr1 visa back along with my passport. Is it possible to enter the US and then immediately return to Canada for a few days to finalize the sale of my house?

[Crazy Cat 41,811]

Yes.  Once you enter the US with a valid immigrant visa, CBP will stamp (endorse) the visa.  At that moment, you become a legal resident (Green Card holder).  Your endorsed visa then becomes a temporary, Full Fledged Green card until the plastic one arrives (or 1 year).  You can immediately return to home country to tie up loose ends before returning to the US.  I would not tell CBP that is your plan...but it is perfectly legal to enter, then immediately exit the US.

Edited March 31 by Crazy Cat

[Ontarkie 14,216]

~~Moved to the Canada forum, from IR1/CR1 - As similar threads are discussed here.~~

I would highly advise you to sell the house before you move. It can be a royal pain in the butt selling it after the move. Tax wise and such. 

[mam521 2,057]

I would sell the house first.  Once you activate that visa, you're considered a Permanent Resident of the US and the tax implications change.  You have up to 6 months from the date of your medical to enter the US.  Sell the house and come on down!

 

[Jim.K 0]

I’ve sold my house with a May 30 closing. I’d like my kids to fly to our new home rather than spend 40 hours driving with me in the moving truck. I do know we need to enter the US all at the same time. My thought is we would go to the closest border get our stamp and return home and then a month or so later would be our actual move date.  This way they can fly direct from a major Canadian airport with direct flights. 

[mam521 2,057]

19 hours ago, Jim.K said:

I’ve sold my house with a May 30 closing. I’d like my kids to fly to our new home rather than spend 40 hours driving with me in the moving truck. I do know we need to enter the US all at the same time. My thought is we would go to the closest border get our stamp and return home and then a month or so later would be our actual move date.  This way they can fly direct from a major Canadian airport with direct flights. 

Endorsing the visa in the passport is what triggers the system to say you are a PR of the US and what changes your tax rules.  You'll have to wait until June 1 unless you want to complicate things dramatically. 

 

The spousal sponsor has to be either with you or already in the US for you to activate your PR, so if you want the kids to be able to go ahead of you, your spouse can come up and fly the kids "home" or could take the kids to activate their visas (assuming they are CR2's) and when the time comes, you can pack them on the plane.  

[Vicnic 32]

On 4/3/2024 at 7:33 AM, mam521 said:

I would sell the house first.  Once you activate that visa, you're considered a Permanent Resident of the US and the tax implications change.  You have up to 6 months from the date of your medical to enter the US.  Sell the house and come on down!

 

Can you expand on the tax implications?

[Crazy Cat 41,811]

16 minutes ago, Vicnic said:

Can you expand on the tax implications?

Once you legally become a US resident, all world-wide income is subject to tax reporting laws.

Edited April 6 by Crazy Cat

[appleblossom 2,441]

On 4/3/2024 at 8:44 PM, Jim.K said:

I do know we need to enter the US all at the same time. 

 

You don't all have to enter at the same time - the principal applicant can enter before the derivatives, or at the same time as them (derivatives just can't enter first). 

 

[mam521 2,057]

On 4/6/2024 at 10:23 AM, Vicnic said:

Can you expand on the tax implications?

https://www.itsgnetwork.com/itsg/globalTaxJournal.asp?aid=15#:~:text=Where a non-resident sells,as a withholding tax.

 

Witholding taxes, clearance certificates...it's messy REALLY FAST and yet avoidable. 

[Lemonslice 4,831]

26 minutes ago, mam521 said:

https://www.itsgnetwork.com/itsg/globalTaxJournal.asp?aid=15#:~:text=Where a non-resident sells,as a withholding tax.

 

Witholding taxes, clearance certificates...it's messy REALLY FAST and yet avoidable. 

To add to that: tax law can get very complicated, and with large assets/transactions, it might be worth it to consult with an accountant/fiscal lawyer/expert to advise on all possible implications/costs.