Jump to content
Sign in to follow this  
calliopi

POE

17 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Canada
Timeline

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 :dance:

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.

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Canada
Timeline

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


<3 FireRay's Wifey. <3

11-??-2005 : Met Ray in EverQuest2

USCIS
12-26-2009 : Marriage
1-07-2010 : Filed I-130
1-08-2010 : Package Recieved
1-12-2010 : NOA1
3-12-2010 : NOA2
*I-130 was approved in 59 days from NOA1 date.*


NVC
3-19-2010 : NVC Recieved. Case # Assigned
3-22-2010 : E-Mails Given to NVC Operator
3-25-2010 : Received DS-3032 and AOS Bill
3-25-2010 : Applied for EP/DS-3032 e-mailed
3-25-2010 : Pay AOS Bill Online
4-04-2010 : E-mailed I-864
4-08-2010 : EP Accepted/Paid IV Bill
4-12-2010 : E-mailed DS-230
4-16-2010 : All documents accepted at NVC
4-22-2010 : Log in Fail!!
*NVC stage completed in 34 days.*


7-21-2010 : Medical in Toronto
7-26-2010 : INTERVIEW - APPROVED!!
7-28-2010 : Visa received in the mail
8-18-2010 : POE - Ambassador Bridge
9-23-2010 : 2yr Green Card arrived
2-11-2011 : SSN arrived
8-18-2012 : Approx date of removal of conditions

06-2012 : Removal of conditions sent

03-18-12 : 10 year Green Card received!!

Share this post


Link to post
Share on other sites
Filed: Citizen (pnd) Country: Canada
Timeline

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 by birdnerd

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Canada
Timeline

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.


Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

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.


DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Canada
Timeline

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 :)

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

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.


DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

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?


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

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.


USCIS

NOA1 08/19/08

NOA2 01/20/09

NVC

Received 01/26/09

Completed 02/13/09 (19 Days)

Interview Assigned 03/27/09 (6 weeks after NVC completion)

Medical

04/14/09 (Toronto)

Interview

Montreal 05/12/09 (88 days after NVC completion) **APPROVED**

POE

06/16/09 Buffalo

07/02/09 Welcome Letter Received

07/07/09 Applied for SSN

07/10/09 "Card production ordered" email received

07/13/09 SSN received

07/14/09 "Approval notice sent" email received

07/17/09 GREEN CARD received

Removal of Conditions

03/21/11 I-751 mailed to VSC

03/23/11 I-751 received at VSC

03/29/11 Cheque Cashed

03/30/11 NOA1 received (3/24/11)

04/11/11 Biometrics appointment notice received

05/05/11 Biometric appointment

12/13/11 **Approval date** (5 days short of 9 months!)

12/19/11 Approval letter and green card received

Naturalization

05/16/2019 Filed online (estimated completion February 2020)

05/18/2019 Biometrics scheduled

05/21/2019 Receipt notice and biometrics notices posted to online account.05/23/2019 Hard copy of NOA1 received

05/24/2019 Hard copy of biometrics appointment received

06/07/2019 Biometrics appointment (estimated completion January 2020)

12/31/2019 Email received "Interview scheduled"

01/01/2020 Interview date notice posted to online account (02/19/2020)

01/05/2019 Hard copy of interview appointment received

02/19/2020 Interview (**Approved**) and same day Oath Ceremony. 

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

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.

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Canada
Timeline

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 :unsure:

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.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

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


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Canada
Timeline

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


Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

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".


DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

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


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...