Entering the US from Canada with a K3 Visa

[Marlin 0]

Hello, My son and I just received our K3 and K4 visas. My wife is a U.S. citizen and we live in Canada. We won't be moving permanently to the U.S. until our house sells, most likely this summer. However we will be visiting relatives in the U.S. before then by car. My question is, do we submit the K3 and K4 visas along with the sealed envelops when we cross the border for a visit or do we only submit the visas and paperwork when we are making our permanent move later this summer. I'm unclear as to the proper procedure and would appreciate any advice.

Thanks,

Marlin

[Reba 2]

You can activate your K3 adn K4 now if you like, they're both multiple entry, so nothing to stop you from doing that. Then once you've done that, you can send in your applications for AOS and EAD to get that rolling, rather than wait until summer (in the off chance your house doesn't sell, this is probably the better option)

You don't want your medicals to expire, so the quicker you file AOS for the 2 of you the better really.

[pushbrk 12,968]

You can activate your K3 adn K4 now if you like, they're both multiple entry, so nothing to stop you from doing that. Then once you've done that, you can send in your applications for AOS and EAD to get that rolling, rather than wait until summer (in the off chance your house doesn't sell, this is probably the better option)

You don't want your medicals to expire, so the quicker you file AOS for the 2 of you the better really.

Right, and most likely you'll have no choice but to use the visa in your passport. If you show up without the sealed envelope, there's a good chance you will not be allowed to enter. File to adjust status when you're ready. You have two years to do it.

[Reba 2]

You have two years to do it.

Less than one year really, unless you want to fork out the money for 2 more medical exams, which can be quite costly.

[pushbrk 12,968]

You have two years to do it.

Less than one year really, unless you want to fork out the money for 2 more medical exams, which can be quite costly.

Yes, a second medical is needed if the first is more than a year old at AOS filing time. That would be a consideration along with whatever else the couple deems relevant to "when it suits you".

[Marlin 0]

You have two years to do it.

Less than one year really, unless you want to fork out the money for 2 more medical exams, which can be quite costly.

Yes, a second medical is needed if the first is more than a year old at AOS filing time. That would be a consideration along with whatever else the couple deems relevant to "when it suits you".

Thank you for the information. On a related note, would you know when we would be considered residents for tax purposes. I will need to step up my cost basis on my RRSP prior to tax residency. Will this be the date we actually cross into the U.S. with the intention of living there, or by crossing as a visitor and submitting my K3 am I setting this as the initial residency date? Thanks again.

[pushbrk 12,968]

You have two years to do it.

Less than one year really, unless you want to fork out the money for 2 more medical exams, which can be quite costly.

Yes, a second medical is needed if the first is more than a year old at AOS filing time. That would be a consideration along with whatever else the couple deems relevant to "when it suits you".

Thank you for the information. On a related note, would you know when we would be considered residents for tax purposes. I will need to step up my cost basis on my RRSP prior to tax residency. Will this be the date we actually cross into the U.S. with the intention of living there, or by crossing as a visitor and submitting my K3 am I setting this as the initial residency date? Thanks again.

I think you're talking about a Canada thing. For the US, you are treated as a resident for tax purposes when you enter using the K3 and can even be treated so before that. No idea about the Canada side of the equation.

[Reba 2]

You would be considered a non-resident of Canada for tax purposes as soon as you activate the K3 visa I believe.