Hoping to marry in three weeks

[pushbrk 14,516]

Since you want to keep your "OHIP", it sounds like you want to technically remain a permanent resident of Canada. All spouse related immigration to the USA is with the premise of US permanent residence. Unless or until you want to become a US permanent resident, I think I would just do nothing about a visa and make sure you spend no more than six months a year in the US.

Just don't talk to agents at border crossings about living in the country you don't have authorization to live in and you should have no problems crossing even during the visa process whenever that is.

A smart way to do that might be to come to the USA, file the I-130 and stick around a few months. Then both of you return to Canada until the visa process is complete.

Let me say I'm not citing pushbrk to say he's incorrect here.

But filing any paperwork isn't a good idea until the couple ultimately decides where they want to live. And splitting residences between countries seems problematic to me, at least on the surface and without some other professional opinions.

I'm assuming as the OP wishes to retain OHIP, so does her intended wish to keep any of his SS benefits. What are the tax implications going to be for retirement benefits, etc? How will they file?

We're in agreement anyway but one need not reside in the USA to continue to receive their SS benefits.

When you say splitting residences is problematic, what problems come to mind, for whom and why?

If the Canadian becomes US permanent resident, she may have problems maintaining that status while splitting residences. This is why I also suggested doing nothing about a visa (like filing any papers) for her until/unless they decide she wants a green card. Do other problems come to mind?

Note: I don't expect when a new member refers to residence, they are using immigration speak. I suspect she means they'll maintain two homes and travel between them, while maintaining the (immigration speak) "residency" status most beneficial to their circumstances.

Edited May 3, 2008 by pushbrk

[rebeccajo 14]

Well, firstly let me say I don't know what OHIP is. Is it like SS? Or is it a medical benefit?

I'm querying as to problems from my knowledge of tax issues between the US and the UK. There is tax reciprocity between those two countries. I presume likewise for Canada.

A US citizen residing in the UK could certainly draw their SS benefits whilst living in the UK. And a UK citizen residing in the US can draw their UK pension. My husband now works here and is accruing SS benefits; when he retires if he chooses to also draw his UK pension, the US government will deduct that amount from his monthly US benefits.

But as I type this out, my brain is engaging and I'm realizing that probably won't be an issue for this couple.....

Dur...

Edited May 3, 2008 by rebeccajo

[~Laura and Nick~ 5]

OHIP is Ontario Health Insurance Plan.

Universal health care in Ontario.

Also, the OP must make his or her permanent and principal home in Ontario, and must be physically present in Ontario 153 days in any 12-month period to still be covered under OHIP.

[rebeccajo 14]

Thanks Laura.

[pushbrk 14,516]

OHIP is Ontario Health Insurance Plan.

Universal health care in Ontario.

Also, the OP must make his or her permanent and principal home in Ontario, and must be physically present in Ontario 153 days in any 12-month period to still be covered under OHIP.

So US permanent resident status is not a good idea and she needs to spend at least 153 days a year in Ontario. On the surface, that's how it looks but she may well be able to qualify for OHIP even as a US permanent resident. They'll need Canada expertise on that question.

[rebeccajo 14]

You know, my brain is wandering all over the place with this thread....

I'm 50 years old; my husband is 44. Now while I realize that's not ancient, it is the 'downward slope' and we as an international couple are trying to leave our options in place for our 'golden years'. As the UK has nationalized medicine and my husband has health concerns, we realize it may be to our benefit to return to the UK at some point in the future. We aren't sure about naturalizing him because if we move there, it'd be enough of a nuisance for me to file a US tax return each year without adding that burden to him.

I've always believed a couple should make the decision on where to live based upon what is right for the family and not the quickest or simplest immigration process. I think with 'older' couples that's certainly an issue. They don't have years to accrue a new retirement 'plan' in another country.

[pushbrk 14,516]

You know, my brain is wandering all over the place with this thread....

I'm 50 years old; my husband is 44. Now while I realize that's not ancient, it is the 'downward slope' and we as an international couple are trying to leave our options in place for our 'golden years'. As the UK has nationalized medicine and my husband has health concerns, we realize it may be to our benefit to return to the UK at some point in the future. We aren't sure about naturalizing him because if we move there, it'd be enough of a nuisance for me to file a US tax return each year without adding that burden to him.

I've always believed a couple should make the decision on where to live based upon what is right for the family and not the quickest or simplest immigration process. I think with 'older' couples that's certainly an issue. They don't have years to accrue a new retirement 'plan' in another country.

Right, so they just use the retirement plan they already have.

[~Laura and Nick~ 5]

Many retired Canadians go down and live in the States for 6 months out of the year.

There has to be some way that they don't lose their health care, unless they are continually renewing it...

I'm sure someone with more knowledge on this topic will come along. Perhaps I should move it to the Canada forum?

[rebeccajo 14]

Many retired Canadians go down and live in the States for 6 months out of the year.

There has to be some way that they don't lose their health care, unless they are continually renewing it...

I'm sure someone with more knowledge on this topic will come along. Perhaps I should move it to the Canada forum?

Those 'snowbirds' probably aren't mixed nationality couples though.

You remember seeing the thread in OT a couple of weeks ago about the elderly Can/Am couple (I think the husband was in his late 80's) who are now separated? That's playing in my brain as we post to this thread....

Normally I'd say move the thread, but it's kind of important and I don't want the OP to not be able to find it. My two cents, anyway.

[Patzt 0]

I want to thank EACH AND EVERY ONE of you for all of this advice.

Two widowed seniors who are beyond work age just want to spend the rest of their days together and we thought it would be so easy.

I have sent the link to my fiance and will have him read all of this.

Thank you again and I so appreciate your advice and help.

I will continue to read here and learn from all of you.

[Nich-Nick 3,355]

This explains SS benefits and living outside the US including the USC's Medicare coverage (our national health of sorts)

Basically

1) yes, you get your SS payment while living in Canada and

2) you can get Medicare hospital coverage if you return to a US hospital, but not the other part of Medicare which is like medical insurance.

http://www.socialsecurity.gov/pubs/10137.html

Does anybody think it might be better if they don't marry and just shack up? (Sorry)

[zyggy 9]

THis is not a very easy question to answer since there are many implications and consequences of what you want.

WHat I do know is that keeping with the status quo isn't really an option. At some point in time either the CBP or CBSA is going to catch on and start denying entries. One of you being a permanent resdent in one country of the other will take away the reasoning for CBP or CBSA to deny entry to the one country or the other.

There are benefits and drawbacks to immigrating to each country. I do think one of you is going to have to go through some immigration process, either in Canada or the US, for stability. THe Canadian immigration process will involve the US Citizen to either reside in Canada until a decision is made (about a year), or that can apply from the US for an immigrant visa (about 6 months). Both of these cases are after the marriage. Any health issues could be problematic in obtaining Canadian permanent residency.

The main benefit for immigration to Canada, especially for the elderly, is the better social benefits that are there... the drawback for the US citizen is the higher level of taxation. But on a retirement income, this may not be so bad. A consultation with a cross border tax expert would be wise.

Do a list of benefits and drawbacks for each of you. Don't be afraid to get some professional advice from immigration and taxation experts. Then make a decision on what is best. But to be honest, at this stage in your life, I don't believe immigrating to the US would be the better course.

Edited May 5, 2008 by zyggy

[motu 6]

I have a different solution to your problems - do not live in either USA or Canada - get married and relocate to one of the warmer climates e.g. Mexico, Costa Rica, Panama etc. You can obtain residency there as in Rentista or Pensionado and keep visiting Canada and USA periodically as you wish.

Some of these places - accept your Canadian and US health Insurance also. It's worth exploring if you are a little adventurous. You may need to pick up a little Spanish but there are sizable expats living in these countries and you can log into their forums and get more info.

US can be very tough if you do not want to commit one way or the other (for residency) - for us (we are not too old) we will move after my wife gets her citizenship which will make it easier for both of us to travel to most places easily, including trips to USA; we would live in a warmer climate and our retirement money will go much farther than in USA - by the way, health insurance in most other countries is much much much cheaper (less than 10 or 20% of what we pay here) and many expats claim that the health care is better than USA in Costa Rica, Colombia, Panama etc. Good Luck

[Chica Yeyé 41]

THis is not a very easy question to answer since there are many implications and consequences of what you want.

WHat I do know is that keeping with the status quo isn't really an option. At some point in time either the CBP or CBSA is going to catch on and start denying entries. One of you being a permanent resdent in one country of the other will take away the reasoning for CBP or CBSA to deny entry to the one country or the other.

There are benefits and drawbacks to immigrating to each country. I do think one of you is going to have to go through some immigration process, either in Canada or the US, for stability. THe Canadian immigration process will involve the US Citizen to either reside in Canada until a decision is made (about a year), or that can apply from the US for an immigrant visa (about 6 months). Both of these cases are after the marriage. Any health issues could be problematic in obtaining Canadian permanent residency.

The main benefit for immigration to Canada, especially for the elderly, is the better social benefits that are there... the drawback for the US citizen is the higher level of taxation. But on a retirement income, this may not be so bad. A consultation with a cross border tax expert would be wise.

Do a list of benefits and drawbacks for each of you. Don't be afraid to get some professional advice from immigration and taxation experts. Then make a decision on what is best. But to be honest, at this stage in your life, I don't believe immigrating to the US would be the better course.

I totally agree with ziggy. In your case it does seem more beneficial to immigrate to Canada because of the much more developed social care network. Whatever your choice, much luck.