Do I have to be MOVING when I activate our Visas?

[Ms Hogan 295]

We are going to be receiving CR1 & CR2s in the next couple of months. I know we will be expected to activate them the next time we cross the border. For us there's no reason not to, we are already married so not like fiance visa requiring us to get married within 90 days etc. HOWEVER, we are not actually moving until the summer time once school for the kids is done. So my question is this. If we have our visas in-hand by April, which is most likely at the rate we're moving along, when we make our first trip across the border it won't be us moving yet. It's just going to be us going for one of our regular visits which we do every 2-3 weeks for a weekend at a time.

Will it matter that we aren't actually moving yet? I won't have a truck of stuff yet. Just me and the kids!

How will it work? Anyone know?

[hikergirl 277]

My worry about this when I was looking into it was whether or not I’d be entitled to Canadian health care. I think legally you are a resident of the US and a visitor to Canada if you activate your visa.

I know I read that one of the VJ people who works in Ontario and lives across the border has US health care because it’s required because of this.

I would be more inclined to try and cross without activating the visa because of my concerns.

However, it all depends on your appointment date with Montreal.

Good luck.

[SF2007 48]

This is a 2 layers question Physically, no. You have 10 years to import your belongings. So it doesn't matter if you don't import your things right away. But legally, yes, you will be moving. In the eyes of U.S immigration and Canada, you move in/out upon activation of your visa.

So you might want to look into sorting out insurance first.

This is on the U.S. Custom and Border Protection's website: https://help.cbp.gov/app/answers/list/kw/importing%20personal%20belongings

[Ms Hogan 295]

We are going to have our visas WAY sooner than expected. I don't want to suddenly stop traveling every other weekend or so like we do now. So I am probably going to wind up having to activate it sooner than we wanted which also means losing our healthcare in Ontario pretty much right away. We will just have to deal with that earlier than planned.

Another question though... will the children and I have to activate them at the same time? Sometimes I travel alone when they're visiting my ex. Can I do mine in one trip and theirs later or will they remind bound to each other somehow?

Thanks for your help on this.

[Flames9_RN 358]

We are going to have our visas WAY sooner than expected. I don't want to suddenly stop traveling every other weekend or so like we do now. So I am probably going to wind up having to activate it sooner than we wanted which also means losing our healthcare in Ontario pretty much right away. We will just have to deal with that earlier than planned.

Another question though... will the children and I have to activate them at the same time? Sometimes I travel alone when they're visiting my ex. Can I do mine in one trip and theirs later or will they remind bound to each other somehow?

Thanks for your help on this.

I know everyone talks about loosing their health care when your now a Permanent resident of the USA--which is true---but you really should call OHIP and confirm that as each province has thier own specific health care rules! Another possibility, try and re-schedule your interview for later on down the road, sometime in June! Things may slow down in July/August as thats the normal posting in/out of Employees

[Ms Hogan 295]

To be honest, I'm not worried about the health care. It will be whatever it will be. But I will inquire specifically about OHIP though I have done a lot of research on it already and am pretty sure I have it straight.

I don't want to slow down the process. I will be happy to have our visas early and feel extremely fortunate to have had everything move so quickly thus far. It will be nice to have everything taken care of and then just head down for the summer once school is out here at the end of June.

[Flames9_RN 358]

To be honest, I'm not worried about the health care. It will be whatever it will be. But I will inquire specifically about OHIP though I have done a lot of research on it already and am pretty sure I have it straight.

I don't want to slow down the process. I will be happy to have our visas early and feel extremely fortunate to have had everything move so quickly thus far. It will be nice to have everything taken care of and then just head down for the summer once school is out here at the end of June.

Each their own..really no reason why one could not reschedule to later on. Best of luck

Edited January 31, 2013 by Flames9_RN

[NVC 2]

Hi hikegirl,

How would Canada know you are a U.S. resident? How often do we have to renew our heathcare card? Mine is from British Columbia.

My worry about this when I was looking into it was whether or not I’d be entitled to Canadian health care. I think legally you are a resident of the US and a visitor to Canada if you activate your visa.

[hikergirl 277]

I know the different agencies are starting to share border crossing info and the like.

You would have to file your taxes as a US resident as of the POE date, so that date is going to in the system.

Plus you are supposed to notify MSP anytime that you have moved and give them your new address.

[SF2007 48]

Hi hikegirl,

How would Canada know you are a U.S. resident? How often do we have to renew our heathcare card? Mine is from British Columbia.

I might read you wrong but it sounds like you are considering moving out of the country and come back for "free" healthcare. Which would be wrong. And illegal.

Agencies share information. You, among other things, will file taxes in both country for the first year and you have to tell both IRS and CRA when you moved. Canada can and will bill you if you used benefits you were not entitled to.

[Flames9_RN 358]

You would be surprised on how they know!! As others have stated, more and more of sharing info. And you never know who is on these forums..include a picture of your self, include ur name as part of ur profile--not rocket science. I think NVC was just asking a question, not trying to break the law.

[Ms Hogan 295]

Hi hikegirl,

How would Canada know you are a U.S. resident? How often do we have to renew our heathcare card? Mine is from British Columbia.

Canada knows based on us reporting it. We are supposed to report our new address to OHIP. Mine actually expires this summer.

But I would NEVER lie about any of this anyway. I don't want the thread to turn into one about healthcare. My question matters to me and it is about "moving" when I POE and whether or not the kids have to go at the same time as me. If anyone can actually answer my questions I sure would be grateful.

[hikergirl 277]

You have up to 10 years to move your stuff.

I can’t see there being any issues whatsoever with you activating yours at a different time than the kids. I think you should just be able to show them the new stamp in your passport that acts as a temporary green card while you are waiting for your real one to arrive at your US residence.

Unless they package all of your stuff together and not as 3 separate ones.

And I can certainly see you not want to be away from hubby any more than absolutely necessary!

[Kathryn41 3,205]

I might read you wrong but it sounds like you are considering moving out of the country and come back for "free" healthcare. Which would be wrong. And illegal.

Agencies share information. You, among other things, will file taxes in both country for the first year and you have to tell both IRS and CRA when you moved. Canada can and will bill you if you used benefits you were not entitled to.

I think you have read it wrong . The OP's children are still in school, and she would like them to finish out their school year where they are rather than uprooting them before the end of the year and moving to the US, thus compromising their full year. She is fortunate enough to live close to the border so is able to cross over and visit with her husband regularly. She was concerned about how to handle having the CR-1 visa in her passport but still not planning on physically moving to the US for a few more months until her children finish school. She is certainly able to activate her visa (I know, it isn't the right word but it gives the right idea) on one of her visits and could explain to US border authorities that she is still tying up loose ends in Canada - including her children's schooling - and not planning on physically moving until a few months later, and the US authorities would probably have no problems with it (other VJers have done so). Another VJer raised the very real consideration that once she becomes an official resident of the US - activates the CR-1 visa - then she is technically no longer a resident in Ontario and therefor no longer eligible for OHIP. It is a important factor to consider when determining when to activate the CR-1 visa. She does not have any intention to move to the US and return to Canada for free healthcare nor any other benefits. She is merely trying to find out what benefits or liabilities there are to getting the visas early and activating them while still living in Canada and tying up loose ends..

The ideal situation would be being able to visit the US without activating the visas until you and your children are ready to move.You could try going to the border and explaining to the border guards that this is what you would like to do - wait until your children finish school and then activate your visa when you are ready to move to the US, and in the meantime enter the US as a visitor to visit your husband, returning afterwards to Canada. It 'shouldn't be a problem but I guess it will depend on the border guard you encounter that day. You could always go beforehand to the immigration office at the border without continuing into the US and speak to someone inside about the situation to see how easily you could do this.

Good luck.

Edited February 1, 2013 by Kathryn41

[Ms Hogan 295]

I think you have read it wrong . The OP's children are still in school, and she would like them to finish out their school year where they are rather than uprooting them before the end of the year and moving to the US, thus compromising their full year. She is fortunate enough to live close to the border so is able to cross over and visit with her husband regularly. She was concerned about how to handle having the CR-1 visa in her passport but still not planning on physically moving to the US for a few more months until her children finish school. She is certainly able to activate her visa (I know, it isn't the right word but it gives the right idea) on one of her visits and could explain to US border authorities that she is still tying up loose ends in Canada - including her children's schooling - and not planning on physically moving until a few months later, and the US authorities would probably have no problems with it (other VJers have done so). Another VJer raised the very real consideration that once she becomes an official resident of the US - activates the CR-1 visa - then she is technically no longer a resident in Ontario and therefor no longer eligible for OHIP. It is a important factor to consider when determining when to activate the CR-1 visa. She does not have any intention to move to the US and return to Canada for free healthcare nor any other benefits. She is merely trying to find out what benefits or liabilities there are to getting the visas early and activating them while still living in Canada and tying up loose ends..

The ideal situation would be being able to visit the US without activating the visas until you and your children are ready to move.You could try going to the border and explaining to the border guards that this is what you would like to do - wait until your children finish school and then activate your visa when you are ready to move to the US, and in the meantime enter the US as a visitor to visit your husband, returning afterwards to Canada. It 'shouldn't be a problem but I guess it will depend on the border guard you encounter that day. You could always go beforehand to the immigration office at the border without continuing into the US and speak to someone inside about the situation to see how easily you could do this.

Good luck.

As always, well-written, Kathryn. You understand exactly what I'm trying to manage! I am trying to keep things neat and tidy but also would hate to be doing one of our "regular" crossings, which happen on Thursday or Friday evenings, a couple hours after work, and wind up having to go through the entire secondary processing situation with young kids in-tow. So many things to think about and I'm just trying to plan as well as I can. I don't want to delay my interview or anything like that because I would like the peace of mind having everything done.

And again, for the record, I would NEVER in my life, try to take advantage of a system I believe in and have been fortunate enough to benefit from for all my life in Canada.