Ridiculously Complicated: Had green card, gave up, moved to Canada, now want to do IR-1

[GreatFreeStateOTX 0]

Long story short:

I'm American, husband is Canadian and we were married in Vancouver in 2007. We have one child. We did the green card thing for him and lived in TX for 3 years until his father basically gave him a big story about how great life would be for us in Quebec and how he'd give hubby a job in the family business and so on and so forth which in reality turned out to be smoke and mirrors.

Now we want to move back to the US. Our child was born in the US and has dual citizenship. Hubby surrendered the green card himself about a year and a half or so ago because I had become a Permanent Resident of Canada and he has a house there now with his parents (they own half. I do not own any of it officially.)

I am guessing our options are to have me and my child stay in the US and hubby goes back to Quebec (Montreal) and we file the IR-1. When he's allowed he comes back in and we live together happily ever after. The other option is I go back to Canada (we are currently in the US visiting my relatives) and we do a DCF from there if I'm correct in my understanding. Tough it out there and once approved, then come down.

Now, how does sponsorship work? I am American, I work for an American company that pays me as a contractor and the money goes into my Canadian bank account. I am inquiring with work on how to transfer to an employee based in the US. Do I use my income to sponsor my husband? My mother also helped me with sponsoring him the first time around, so how would that work now?

Also, if I live in the US I would have to sign up for Obamacare considering my job doesn't offer health care. Not sure how that would work since hubby no longer has an active SSN and if he's in Canada would need his income to live up there while doing the application. So do I include his income when applying for health care if he's not a member of my household at that time? I am assuming he wouldn't be considered a member of the household because he would not literally be living with me until he's approved. Trying to figure out how to make all that work.

I also need to make sure I can afford to be on my own in the states and work out budgets etc. Health care is a massive issue. I don't know when to officially give up my own PR in Canada or if I am allowed to work on settling outside Canada before giving it up because if it doesn't work out then I have to live there. I am allowed to be outside the country a certain amount of time in the space of 5 years so at this point I am technically allowed to be here without giving up my PR for about another year or two.

That's the complicated mess. We are talking to someone at Homeland Security next week to ask them what the best course of action is.

Any input from anyone who is familiar with all this?

[NikLR 13,234]

There is no DCF in Canada. You'd have do the IR1 route again. You'd lose your provincial health care after being out of the province for 183 days. I don't know about the Obamacare thing but I suspect you wouldn't count your husband because he's not a resident of the USA.

IMHO staying in Canada as a family would limit the budget and time apart plus you and your son would get the health care you need, until such a time as the visa is approved and you can all move to the USA (or you can move just ahead of time to make sure you have established domicile, something that is important to Montreal.) You can count your income right now because it will be continuing, I assume, when you move to the USA. You'd simply redirect the deposit into your american bank account and the company would do it's own rearranging of your status within their company.

Your mother helping sponsor, and your initial sponsorship died when he gave up his green card. (conditions of sponsorship is until the person has worked 40 quarters (approx 10 years of solid working), becomes a citizen, dies, or gives up their green card and leaves the country.) So if you need her to joint sponsor, she certainly can as long as she meets the requirements again.

FYI it's taking about a year or so to do the IR1 route, which is why I suggest all of you staying in Canada.

[Darnell 8,479]

ya, no need for all this moving across canada at the moment.

file the I-130 nowish, then

handle doc intake at NVC then

wait for the interview letter

then YOU handle yer domicile stuff prior to interview (best time to do it)

then go forth with the interview in Montreal.

THEN go south. not east. not west. SOUTH.

[Kate52 5]

Actually the moment you MOVE permanently to the USA your Canadian medical coverage is void (even if your spouse is paying for your Canadian medical). You are covered for the remained of the month you paid -- so if you moved on Feb 15th then you will be covered until Feb 28th. You are only covered the 6 months less one day if you are visiting.

You can sign up on the insurance exchange (Obamacare) in your state. It's pretty easy. We signed up for a plan until my husband gets coverage through work ( 3 month wait etc). Their move is January 29th so they are only covered by Canadian medical until end of January.

To sign up, you must get your approval letter or subscriber ID number from the insurance company you chose and PAY before the 15th of the month in order to get coverage for the 1st of the following month.

I was really surprised when I called BC Medical. I thought we would have at least 3 months coverage for the transition. They were very clear, if you move PERMANENTLY then you lose coverage immediately.

[NikLR 13,234]

Yes when you permanently move it's over, BUT as the OP has not permanently moved yet (says they're visiting) and is still a Canadian PR holder, they still have medical coverage as long as they don't spend more than 183 days out of their province. Granted they don't have medical coverage in the USA, because you need to buy temporary coverage whenever you travel to the USA, but they're covered in Canada. That is part of the reason I suggest not moving to the USA until they all can do so.

[Kate52 5]

The subsidy you receive through Obamacare is based on the income on your US tax return (either 2013 or what you think you will earn in 2014). If you claim the subsidy but then earn more than expected you will be required to pay back the credit. They do ask for your SSN and they need to verify your identity. I had to send the Registration of Birth Abroad for the kids even though they had SSN and have been claimed on my husbands US tax return every year. Best bet is to find a job with medical coverage. It's really expensive for adults -- quite a shock for the middle class. Really shop around. I had to fill out the application and delete it 3 times before it went through. And I knew what I wanted by calling various insurance companies before going on the exchange. The plan I wanted and ultimately chose for my kids didn't even show up on the site until the THIRD time I applied. Yes it was a frustrating experience. Check out the newspapers in the city that you are moving to -- they should have a story on the best coverage at the cheapest price in that area (it worked for me).

[GreatFreeStateOTX 0]

The only problem with the me going back to Canada is that I spent the past 3 years there absolutely miserable beyond measure and now that I'm in TX again I don't want to leave. That's just a personal thing, though. I probably could tough it out for another year up there but why be so unhappy for a year, right? As delicately as I can put it, here's the equation: IN LAW = Control freaks + me + COLD =

So if I stay in the US and we do the IR-1 it will be about a year until we can be together. Otherwise go back up and tough it out. All my stuff is up there, and when we came down it was because I had not seen my mom in 3 years and she just turned 80 and I wanted to spend Christmas with her. So when we came down I was expecting to only stay about a month if that. We're staying with my mom and sometimes with my niece. I personally want to stay here but it's not completely reasonable to do so without my own place and not knowing about the immigration options and health care options etc.

I was looking at the Obamacare site and they had some options that looked affordable with subsidy. I considered just buying my own insurance out of pocket but if I can get something more affordable through Obamacare I may as well choose that, though the best ones for me are HMO's. But then, in Canada you need referrals for everything anyway and there are massively long waits. I needed an ultrasound last year and the wait was 6 months and it was just a simple pelvic one. Doctors there even told me that people who NEEEED procedures are being denied by the Gov health care. And they refuse to do certain tests because they "cost too much" (i.e. thyroid tests beyond the TSH). Clinics are always packed and you can go in at 10 am and be turned away because they will have reached their quota for the day. Quebec has a serious doctor shortage. I went to my family doc asking for a referral to a specialist and he said I'd love to give you one but there ARE none. I was shocked. And in my area there are maybe 3 hospitals all together within 30 or 40 mins with very shoddy service and bad reputations. It scares me, honestly. The past three years have been a nightmare.

Edited January 19, 2014 by GreatFreeStateOTX

[Darnell 8,479]

sorry, i missed the bit about you already migrating back to Texas.

Welcome Home, btw!!!

File an I-130 soonish, chase an IR-1 visa later. Drill through the guides section and the Canada section.

Belay my last bits about yer domicile, as I think by the time of interview it'll be SO SORTED for almost a year.

Go Get Em, and Good Luck !!!

[Kate52 5]

Just make sure you have coverage if you have truly moved. They will know if you are visiting.

We applied for the K3 and I-130 back in April 2013. We still haven't been approved and at this rate it will be at least another 7 months. USCIS won't let me visit because I don't have enough ties to Canada (my family is here so I'm staying with them - as opposed to renting an apt). I stayed home to raise my kids over the last 20 years and I know I'm moving so why get a job. It's stupid to think I would stay illegally in the USA when we have followed the process by the book.

[NikLR 13,234]

Thank you both for the answers and advice. The only problem with the me going back to Canada is that I spent the past 3 years there absolutely miserable beyond measure and now that I'm in TX again I don't want to leave. That's just a personal thing, though. I probably could tough it out for another year up there but why be so unhappy for a year, right? As delicately as I can put it, here's the equation: IN LAW = Control freaks + me + COLD =

So if I stay in the US and we do the IR-1 it will be about a year until we can be together. Otherwise go back up and tough it out.

Up to you. Either way it takes about a year. So tough it out for a year, or move to the USA, which will cost your family twice as much because you have two house holds. Now if you make enough to support your son and yourself, then you can do this. When I lived in Canada I made enough money to support myself completely. We only saw each other every 3 months because of the cost of plane tickets but we spent every moment at home, on Skype. My husband and I play video games so it wasn't too hard for us to do things together either.

You're only as unhappy as you allow yourself to be. You could certainly suggest to your husband to get an apartment for a year for the 3 of you. I hated living with my in-laws as well and you rarely hear about it going well when the foreign spouse moves in with the USC's family once they move over to the USA. At least you would have a light to look forward to at the end of the tunnel. But again, everything hinges on what you want as partners. If that means going back to visit your family every 3 months for a few weeks, maybe that would help you out? I don't know. But don't even start to think you could last a year (or more) without seeing your husband but on the computer. It's simply not in human nature. We need touch from those we love, that's why, in my opinion, there are hugs and kisses. So if you do move down, factor in costs of visiting, ether you two going up there, or him coming to visit you down.

I suggest getting your son's citizenship in Canada before you move if you have not yet. This will make it easier for him to travel back and forth. It's a bit of a process compared to the US version.

BTW I had no idea medical coverage in Quebec was so bad. I never had a problem in Alberta or BC.

[GreatFreeStateOTX 0]

I have only a modest amount of posessions like some clothes and toiletries etc. as I wasn't planning on staying long. We actually had to extend our stay because of the polar ice blast up there with windchills of -52 F. I couldn't drive back up to that, it would be dangerous.

We've done everything by the book so far, always consulting Homeland Security, lawyers and even the customs guys at the airport who were very helpful the first time around. I use VJ to do our whole package the first time myself. I wanted to stay in TX, but hubby's father offered this "golden carrot" as hubby calls it -- we thought we could really improve on things by being up there, but that's before we found out what the actual reality was.

Now hubby has only a part time salary from his dad at work because his father got mad at us and cut his salary etc. It's a lot of drama, constant endless drama. Plus hubby doesn't speak French so he will have a very hard time working in Quebec otherwise.

So option 1 is we all go back to Canada and file from there and wait it all out.

Option 2 is I choose to move here, (somehow get more of my stuff from Canada), I get Obamacare etc., and he goes back to Canada to wait it out apart from us.

The second option takes about a year? Any ideas on how long first option might take? How long would I have to stay there before we'd be allowed to move permanently, you think? (I checked some of the wait times but they were for 2013.)

I can do either one at this point, I just don't know which is the best choice. For my sanity staying in TX is best, but I didn't prepare for that so I am living out of a suitcase and everything I own is up there.

We already have the citizenship card for our child but not a Canadian passport -- she has a US one.

if we all go back up and file, can my hubby not enter the states while it's in process?

Edited January 19, 2014 by GreatFreeStateOTX

[GreatFreeStateOTX 0]

Up to you. Either way it takes about a year. So tough it out for a year, or move to the USA, which will cost your family twice as much because you have two house holds. Now if you make enough to support your son and yourself, then you can do this. When I lived in Canada I made enough money to support myself completely. We only saw each other every 3 months because of the cost of plane tickets but we spent every moment at home, on Skype. My husband and I play video games so it wasn't too hard for us to do things together either.

You're only as unhappy as you allow yourself to be. You could certainly suggest to your husband to get an apartment for a year for the 3 of you. I hated living with my in-laws as well and you rarely hear about it going well when the foreign spouse moves in with the USC's family once they move over to the USA. At least you would have a light to look forward to at the end of the tunnel. But again, everything hinges on what you want as partners. If that means going back to visit your family every 3 months for a few weeks, maybe that would help you out? I don't know. But don't even start to think you could last a year (or more) without seeing your husband but on the computer. It's simply not in human nature. We need touch from those we love, that's why, in my opinion, there are hugs and kisses. So if you do move down, factor in costs of visiting, ether you two going up there, or him coming to visit you down.

I suggest getting your son's citizenship in Canada before you move if you have not yet. This will make it easier for him to travel back and forth. It's a bit of a process compared to the US version.

BTW I had no idea medical coverage in Quebec was so bad. I never had a problem in Alberta or BC.

We had lived in Vancouver for a few months in 2007 and hubby never had as much trouble with healthcare. There was a little clinic that would see me for $50 cash per visit around the corner from us but in Quebec there's a doctor shortage. I NEVER EVER would have come to Quebec if I had known that. I feel I was really bamboozled because hubby let his parents take control of the whole thing. The father would not even include me in ANY decisions or give me info on anything. He is a very paranoid guy and even told me to get rid of most of my life possesions before coming up there. I trusted my husband to know his family and now kind of dealing with the "I had no idea" answer. Also the parents got hubby's sister and her husband involved in our personal lives and finances so I had them coming over to "counsel/berate" us whenever we did anything they didn't approve of. I'm too old for this poop.

[Darnell 8,479]

this sounds very indian .... something similar to a bollywood movie script.

[NikLR 13,234]

Darnell.. thoughts on AOS vs IR1?

[Darnell 8,479]

I say go for it, push across the border. A negative result at a border crossing can not possibly be worse than living with _those_ inlaws.