moving furniture to USA without CR-1 Visa

[O&Z 1]

Good afternoon,

I am a US citizen and my husband is a Canadian citizen. I am currently applying for his CR-1 Visa and it is in Administrative Processing at this time.

I must relocate from Buffalo, NY to North Carolina for a job transfer. We currently have 1 apartment in Buffalo and 1 apartment in Canada and I was planning on moving the furniture in our Canadian apartment with us when we moved to North Carolina.

However, now that the Consulate has potentially delayed his Visa, I may have to move alone. Originally, we were going to use a moving service and provide copies of his Visa/paperwork for the goods.

Since we are married, the furniture is "ours", and I am not a resident of Canada (have not "lived" there for 1 year).

Of note, his parents recently immigrated into the US from Canada and still have some of their belongings with us. They,however have a PR/Greencard already.

Can we move it under my name or his parents names?

What would be the best way to bring our Canadian furniture into the USA duty free?

Thank you in advance!

[bsd058 296]

Good afternoon,

I am a US citizen and my husband is a Canadian citizen. I am currently applying for his CR-1 Visa and it is in Administrative Processing at this time.

I must relocate from Buffalo, NY to North Carolina for a job transfer. We currently have 1 apartment in Buffalo and 1 apartment in Canada and I was planning on moving the furniture in our Canadian apartment with us when we moved to North Carolina.

However, now that the Consulate has potentially delayed his Visa, I may have to move alone. Originally, we were going to use a moving service and provide copies of his Visa/paperwork for the goods.

Since we are married, the furniture is "ours", and I am not a resident of Canada (have not "lived" there for 1 year).

Of note, his parents recently immigrated into the US from Canada and still have some of their belongings with us. They,however have a PR/Greencard already.

Can we move it under my name or his parents names?

What would be the best way to bring our Canadian furniture into the USA duty free?

Thank you in advance!

How are you planning on moving the stuff? Uhaul, UPack, professional movers, etc.? It all depends on this assumption.

Edited December 11, 2012 by bsd058

[O&Z 1]

We were thinking of using UPACK, however this will require paperwork.

With him not having the Visa at that time, I am tring to figure out how to complete the paperwork etc

Edited December 11, 2012 by zubi2lute

[bsd058 296]

We were thinking of using UPACK, however this will require paperwork.

With him not having the Visa at that time, I am tring to figure out how to complete the paperwork etc

This is a tough one. On one hand if you say all of the stuff is yours, you need to be considered a permanent resident of Canada to bring your stuff over the border "duty-free."

If you say it is his, then you will not be allowed to move it.

You could possibly claim that you visiting Canada to vacation since you only go there to visit, and you're just moving your stuff from Canada to the US, but I'm not sure if going over the border with this is duty-free.

This might be a situation, where you just have to claim that your stuff is worth the cost to pay the movers to move it. The reason you wouldn't claim it to be less is that CBP will wonder why you don't just sell the stuff and buy the same things of similar quality in the US if it will cost less to do so.

Or you could just wait for your hubby to move before you import the stuff.

This one stumps me. Maybe someone else could offer some insight.

My wife and I moved our stuff from Canada to the US with no duty (and I didn't have my IR-1 visa to immigrate), but she was a permanent resident of Canada at the time, so I think we were allowed as long as I "gave" her everything we owned and I didn't bring more than what was needed for the trip (a suitcase of clothes).

Edited December 11, 2012 by bsd058

[O&Z 1]

Thank you for your reply.

Yea it's a tough one. I visit Canada every weekend but I had no status there, so I couldn't "live" there. Hence the two apartments.

I have to move mid-January to start my job. But I was really hoping to have furniture at the new place lol.

Because we have no idea how long they will take with his AP (which is another major headache), IDK when he'll move. They won't give us any timeline at all and I hear it can take weeks to years.

His parents immigrated to the US from Canada last April. Do you think they could claim it as 'theirs'? some of their belongings are with us still.

[O&Z 1]

"This might be a situation, where you just have to claim that your stuff is worth the cost to pay the movers to move it. The reason you wouldn't claim it to be less is that CBP will wonder why you don't just sell the stuff and buy the same things of similar quality in the US if it will cost less to do so."

I'm sorry, but you could please explain this further. I didn't understand.

We did entertain the idea of selling our stuff in Canada and re-buying in America, but it seemed more cost-effective and easier overall to just move our current belonging. Of course, this decision was made before he was put into AP.

[bsd058 296]

"This might be a situation, where you just have to claim that your stuff is worth the cost to pay the movers to move it. The reason you wouldn't claim it to be less is that CBP will wonder why you don't just sell the stuff and buy the same things of similar quality in the US if it will cost less to do so."

I'm sorry, but you could please explain this further. I didn't understand.

We did entertain the idea of selling our stuff in Canada and re-buying in America, but it seemed more cost-effective and easier overall to just move our current belonging. Of course, this decision was made before he was put into AP.

Well, basically when you stay in Canada for a period of time, you are given a certain limit that you can take back to the US "duty-free." I think it's $200 or something like that if you are from America returning to America. Some people (if they just have their stuff in their cars), claim that the value of the stuff in the car is less than this amount if they were to try to resell them. And since they don't have receipts and their stuff is used, there's no way to prove otherwise.

But if it costs $4000 to move the stuff, and the value of your stuff is only $200, it would actually cost you less to abandon your possessions and purchase the same stuff of similar quality in the US. Since you will be spending $4000 (on moving) and you'll be saving $200 worth of stuff if you bring it with you after you cross, this creates a total cost of $3800.

Whereas if you just abandon your stuff and move to the US and purchase similar things in like condition, you'll be losing $200 of capital (value of stuff you abandoned in Canada) and you'll be buying the stuff in the US for $200 (value of stuff you are replacing in similar condition according to CBP). In this case you'll end up with a cost of only around $400.

Since the second way is more cost effective, CBP will wonder why you are trying to move your stuff and it just won't add up to them. That's all I meant.

Edited December 11, 2012 by bsd058

[bsd058 296]

Thank you for your reply.

Yea it's a tough one. I visit Canada every weekend but I had no status there, so I couldn't "live" there. Hence the two apartments.

I have to move mid-January to start my job. But I was really hoping to have furniture at the new place lol.

Because we have no idea how long they will take with his AP (which is another major headache), IDK when he'll move. They won't give us any timeline at all and I hear it can take weeks to years.

His parents immigrated to the US from Canada last April. Do you think they could claim it as 'theirs'? some of their belongings are with us still.

You could always call and see what the duty would be if you "bought" the stuff from your hubby as a specified amount. I'm not sure if your parents could bring this stuff over without paying duties. I think there is a time limit on when they originally move and when the exemption on them paying duties is up.

[Ms Hogan 295]

If you have an apartment in Buffalo can't you use the items from that apartment? How is your husband going to have any furniture in Canada if you take it all with you? Maybe I'm missing something here.

I would not take any chances on any level. Especially if his application is in AP. We don't know why it is in AP, as you haven't said, but if it were me I would not be doing anything to draw attention to either of our names at the border which to me, would include moving a whole bunch of furniture that makes it look like he's trying to move there before he's allowed.

[O&Z 1]

My efficiency in Buffalo is furnished, so those items stay in the room.

We are eventually getting rid of the apartment in Canada and he will be staying with a friend, therefore he will not need any furniture.

His application is in AP because he has a Muslim name, this was confirmed by the CO.

He is a Canadian-born citizen, but oh well. They also just sent his passport back without us asking for it, so I'm thinking its going to take well over 60 days unfortunately

[Krikit 1,164]

The way I read what you have said, and the information at the attached links, the articles were available for your use when you were staying in Canada, and you are married to the beneficiary, so it sounds like you could probably import them, or at least have your inlaws import them. I would double-check with CBP just to be sure, though.

https://help.cbp.gov/app/answers/detail/a_id/351/kw/moving

https://help.cbp.gov/app/answers/detail/a_id/421/kw/moving

https://help.cbp.gov/app/answers/detail/a_id/134/kw/moving

[The Mean Lady 604]

Take one piece every weekend =]

I don't know how it works going to the us but I know that the longer my husband is in the us the more he can bring back to Canada. He's allowed 800 after our 2 week trips to the us.

[configuration 2]

Hate to be the bearer of bad news, but I don't think you can pull this off.

I was in exactly the same situation as you earlier this year. Wife is USC, with apartment in the US, I'm Canadian citizen with apartment in Toronto. We needed to set up a new house in the states in advance of expecting our baby. But I had no official status in the US, and she had no legal claim to the stuff in *my* apartment (even though we were married, and she had originally bought most of those things). So there just wasn't any way for either of us to bring the furniture over until my greencard was officially approved.

It sucked, but we had to buy new stuff, which basically duplicated all the existing stuff in my Toronto apartment, and then sell or give away my stuff when the time came for me to move. There really is no way around this.

[O&Z 1]

Lol id love to slowly move iy, but i live in an efficiency that is the size oof a large bedroom, so unfortunately that wont work.

But I will slowly bring my personal effects.

Thank you Krikit for links, will look into those.

I think its a matter of how the choose to classify me.

[O&Z 1]

Hate to be the bearer of bad news, but I don't think you can pull this off.

I was in exactly the same situation as you earlier this year. Wife is USC, with apartment in the US, I'm Canadian citizen with apartment in Toronto. We needed to set up a new house in the states in advance of expecting our baby. But I had no official status in the US, and she had no legal claim to the stuff in *my* apartment (even though we were married, and she had originally bought most of those things). So there just wasn't any way for either of us to bring the furniture over until my greencard was officially approved.

It sucked, but we had to buy new stuff, which basically duplicated all the existing stuff in my Toronto apartment, and then sell or give away my stuff when the time came for me to move. There really is no way around this.

That's awful. I called one of the CBP supervisors yesterday at the border and I told her our exact situation very honestly. She said that it should not be a problem to move it under my name because I am a USC and I would be a "returning resident". I told her I didn't live in Canada but just went on the weekends and said, that I am still a USC so that's what I'd be. She also said it's ok to bring it as mine because it is "marital property". I explained that HE bought the stuff before we even got married, in Canada. and she made it seem like that was no big deal and said it's fine. I also asked if I'd need to show proof or receipts that it's mine and she said no, just don't move anything that's obviously "NOT MINE" or "HIS" like his clothes, so it doesn't look like he's moving in advance.

I wish I could've gotten this all in writing from her and I keep hearing different things from different CBP officers and people.

Just wanted some more opinions on this I guess.

Edited December 22, 2012 by zubi2lute