POE

[calliopi 0]

I'm thinking of activating my CR-1 through the Messena, NY border. Since my husband will be coming down for the week we thought of going down for the day to do some shopping

Does anyone know of any issues with going through the border then returning back to Canada the same day? I'm not planning on moving down to California until the end of November or so if all goes well.

[FireKari 4]

Pretty sure the CR-1 visa is a SINGLE USE visa.

[birdnerd 5]

Pretty sure the CR-1 visa is a SINGLE USE visa.

It is, however when you activate it, they stamp the I-551 in your passport, which acts as a temporary GC until the real one arrives, so it is good for multiple entry.

Some people have also been advised by border guards against doing this (activation then turning around), as once you activate the visa they pretty much want you to be a resident.

Edited August 13, 2010 by birdnerd

[Flames9_RN 358]

yes, they will stamp it and you can come and go as you please (for the most part) it is NOT like a k1 at all. I know many on here have done that and have had no issues.

[HeatDeath 430]

It's not so much that you can come and go as you please - rather it is that once you get an I-551 stamp, you are a GC holder, and you are held to the same standards for US presence and residence as any other GC holder.

Which is to say you can leave the US and return freely provided that you have and are maintaining a US residence, that you do not spend more than 6 months outside the US without maintaing a US residence, that you do not spend more than a year outside without first getting a reentry permit, etc.

If you use your visa and get the I-551 stamp, and then turn around, return to Canada, and don't come back to the US until November, you will be in exactly the same position, from CBP's point of view, as someone who gets a GC through any other means, then leaves the US for a ~3 month vacation in Canada, leaving no visible US residence behind. You will virtually certainly be fine, but that won't make CBP any more confortable with it.

[calliopi 0]

It's not so much that you can come and go as you please - rather it is that once you get an I-551 stamp, you are a GC holder, and you are held to the same standards for US presence and residence as any other GC holder.

Which is to say you can leave the US and return freely provided that you have and are maintaining a US residence, that you do not spend more than 6 months outside the US without maintaing a US residence, that you do not spend more than a year outside without first getting a reentry permit, etc.

If you use your visa and get the I-551 stamp, and then turn around, return to Canada, and don't come back to the US until November, you will be in exactly the same position, from CBP's point of view, as someone who gets a GC through any other means, then leaves the US for a ~3 month vacation in Canada, leaving no visible US residence behind. You will virtually certainly be fine, but that won't make CBP any more confortable with it.

The situation is that I have developed a medical condition that I have to stabilize before I permanently move down to the states. My visa is expiring on Oct. 14 so, I thought I would just drive down to the nearest border, activate and come back to Canada.

I'm taking it that the majority think it's a bad idea ... I guess it would be better then to take a flight down to CA and stay for a few days? Can I buy a return ticket or two one ways?

Thanks again everyone

[HeatDeath 430]

I assume that if you move to the US, you'll be living in your husband's current place. if he can add you to his mortgage/lease/rental agreement, then problem solved: you will have and be maintaining a US residence. From then on you can activate at any time, and just try to make sure, over the next year or two, you spend well over half your time in the US.

A 3-4 month "vacation" in Canada is perfectly ok as long as you have some kind of provable, documentable US residence. If this is (or can easily become) the case, driving down, activating, and driving back should be no problem at all. Maybe try to spend a coupe hours in the US so CBP don't actually see you donuting in their parking lot and heading back, but it should work out ok. I don't think the extra expense of flying is necessary. As long as you have a documentable official US residence, staying in Canada for a couple more months shouldn't be a problem.

[canadian_wife 1,791]

Does one still qualify for Canadian health care once a resident of the United States? I didn't think you were able to claim health care once you are a green card holder, which you will effectively be once you activate your Cr-1 visa

can someone set me striaght?

[OBX 51]

Does one still qualify for Canadian health care once a resident of the United States? I didn't think you were able to claim health care once you are a green card holder, which you will effectively be once you activate your Cr-1 visa

can someone set me striaght?

In Ontario I do not think you would still qualify. It becomes a bit of a grey area when you are in the midst of moving but technically I would say that once you become a resident of one country you cease to become one another. There are many people that activate their visas, return to Canada to complete work obligations and tie up loose ends and still use health care until the final move. Whether that is "correct" or not is open to debate.

[Hugglebuggles 60]

To qualify for OHIP you must make Ontario your primary place of residence. To maintain US permanent residency, your primary place of residence must be within the US. See the contradiction here? You cannot maintain primary residency in two places at one time.

If you cross just to activate your visa, you become a US Permanent resident. You can return to Canada and "visit" but from that moment on you must make your primary place of residence in the US, which would technically make you ineligible for OHIP. Visitors, Canadian or otherwise, are not eligible for OHIP.

With that said, that's my interpretation of the law. If you want to be completely certain, I would contact the Ministry of Health and ask them specifically.

[calliopi 0]

To qualify for OHIP you must make Ontario your primary place of residence. To maintain US permanent residency, your primary place of residence must be within the US. See the contradiction here? You cannot maintain primary residency in two places at one time.

If you cross just to activate your visa, you become a US Permanent resident. You can return to Canada and "visit" but from that moment on you must make your primary place of residence in the US, which would technically make you ineligible for OHIP. Visitors, Canadian or otherwise, are not eligible for OHIP.

With that said, that's my interpretation of the law. If you want to be completely certain, I would contact the Ministry of Health and ask them specifically.

All very good points

It's a bit of a tricky one since I will still be working in Canada and paying taxes for another few months ...

Here's what I found from the Ministry of Health website:

You may be out of the province for up to 212 days in any 12-month period and still maintain your Ontario health insurance coverage provided that you continue to make Ontario your primary place of residence.

To maintain eligibility for OHIP coverage you must be an eligible resident of Ontario. This means that you must :

have an OHIP-eligible citizenship/immigration status; and

be physically present in Ontario for 153 days in any 12-month period; and

be physically present in Ontario for at least 153 days of the first 183 days immediately after establishing residency in the province; and

make your primary place of residence in Ontario.

So, I will definitely call them tomorrow and ask.

[canadian_wife 1,791]

Certainly call and ask them because if you are technically a resident of another country, which you will be when you activate your Cr-1 visa, then I'm not sure you meet the OHIP immigration status even if you are paying into the system

Please post what they say so it can help others

[Flames9_RN 358]

One of those grey areas--When one goes to fill out ur 2010 taxes--on the very front page (at least it was in 2005,lol) it asks when you became or CEASED to be a Cdn resident! For Cr-1//IR-1, I belive that is the day one activates the visa at the POE!! Is it one of those items that Canada/USA share? No clue! Hope they can give you a concrete answer over the phone

[HeatDeath 430]

FYI:

When I was figuring out my taxes this year, I had to figure out when I ceased to be a Canadian resident. The info was in a tax document but is repeated on this federal government website:

http://www.cra-arc.gc.ca/tx/nnrsdnts/ndvdls/lvng-eng.html

The formula says it's the latest of 3 dates: when you enter the US, when the last of your spouse or dependents enter the US, and the "Resident since" date on your GC. For a K-1 holder, it makes quite a bit of difference. My latest of those dates was 5 months after my PoE, For a CR-1 holder, I'm pretty sure that your GC gets dated the date you activate your visa. There might be some fudge-factor around "the date you leave Canada" which leaves room for an interpretation of "the [final] date you leave Canada".

[canadian_wife 1,791]

For a Cr-1 holder, it is the date you activate your visa that is your 'resident since' date.

I'm interested to see what OHIP says about this, I think this is a very interesting topic

Good luck