When will they cut off my government assistance/disability? Also, when do I officially "lose" citizenship of my home country, and health insurance?

[Tia_24 1]

Hi everyone.

 

My fiance and I have decided to go with the k1 visa.

I live in Canada, he lives in America. I will be moving to him.

Our plans were for me to go visit him next week and stay for 4 months. I will be buying a return ticket when I purchase my ticket. I'm already concerned about being denied at the boarder but that's a whole different stress.

While I'm there, were going to get all the paperwork and information together and file for the k-1 visa.

I do have a few questions. 

I am currently on disability assistance here in Canada as I had gotten an illness out of nowhere that kept me out of work. I receive a cheque from the government here in Canada every month. I also get full health coverage on disability, which is great as I have a certain medication that I am required to take every single day. 

What I'm wondering is if we file for the k-1 visa, are they going to cut my disability assistance off right away? Will they wait until visa approval before they do that?

Is me having been on disability going to cause issues for us being approved?

 They make it hard as I'm going to need this money to pay for my rent and bills in Canada as of course the visa doesn't allow us to live together until all is approved. 

My other question is, when our visa does get approved, when do I become sponsored by him? When do I get on his insurance coverage? He is in the military if that makes any difference. I'm just trying to figure this out as again, I have a medication I have to take every day that could get EXTREMELY costly without insurance. 

 

I'm feeling quite defeated and stressed here and am extremely concerned this is going to cause us issues. Thank you all for listening. 

[zilchfox 296]

Hi fellow Canadian,

 

- Your concerns are real, if your ties to the U.S. are stronger than Canada, expect a denial, especially if you're visiting for 4 months with the intent of eventually filing a K-1 visa application. You must prove to the CBP officer you have ties that bring you back to Canada eventually (e.g. a job).

- For disability assistance, contact the Canadian government, however the moment you move to the U.S. permanently you will lose all government benefits that day, as you're no longer a Canadian resident. To regain it, you must move back to Canada and be a Canadian resident for at least 3 months before you can benefit from Canadian healthcare again. If you visit the U.S. too long, you might also not be considered a Canadian resident anymore, either, and some states will consider you a resident, EVEN if you're just visiting, and require you to get things such as a local drivers license (Example: In Georgia, it's 30 days before you're no longer allowed to use your Canadian drivers license to drive as they consider you a GA resident, regardless of your U.S. status).

- The moment you marry, you can be added to your spouse's insurance. You can get an SSN as a K-1 almost immediately after point of entry to make this easier.

- You will never lose Canadian CITIZENSHIP, that must be formerly and officially renounced, but you lose Canadian RESIDENCY the moment you move. When you eventually down the line become a U.S. citizen, you will become a Dual U.S./Canadian citizen, as both countries recognize dual citizenship with each other.

 

I hope this all helps. Good luck.

Edited April 4, 2017 by zilchfox

[Ben&Zian 4,398]

From what it sounds like you need to yourself cut off the funding once you cross the boarder with the K-1 visa in hand honestly.

 

As to the medical here, having been in the military myself, once married you need to be enrolled in DEERS and all as a dependant, then you will earn/gain the medical coverage of a spouse. 

 

So there will presumably be a gap of time between leaving Canada and getting the medical and all; but perhaps time your departure from Canada at a point when you just have gotten your prescription refilled, that way help cover the time when you don't have medical?

 

As to the medical issue causing a denial, I highly highly doubt it. Not many illness' cause denials unless their are extreme and communicable.

[f f 725]

depending on the cost to manage this illness the co may require you to show proof your fiance or you self can cover your medical needs so you do not become a burden on the state. I would recommend going the cr1 route instead of the k1 since you can be added to company health plans without a ssn. there is no rule or law requiring you to give them a ssn you may need to educate them on that point.but if you can show you have that healthcare already setup it will eliminate that concern the co may have as well as make it so you do not have a gap in coverage. since you can still be a resident of Canada living in Canada and be on your spouses health insurance.

 

good luck

[Transborderwife 4,666]

At the moment you don't need to worry much.  I stress at the moment.  Also please, do be honest with the government if you do visit about when you'll be away from the country.

[Unlockable 7,315]

Seems a lot of Canadians are taking health coverage in account when making a decision to migrate to the US. And for good reason. News alert just said that Repubs are looking to go at it again with repealing O'Care.

 

May want to see what kind of coverage your future husband's insurance will have for you. Sounds like you are being well taken care of now.

[Tia_24 1]

1 hour ago, zilchfox said:

Hi fellow Canadian,

 

- Your concerns are real, if your ties to the U.S. are stronger than Canada, expect a denial, especially if you're visiting for 4 months with the intent of eventually filing a K-1 visa application. You must prove to the CBP officer you have ties that bring you back to Canada eventually (e.g. a job).

- For disability assistance, contact the Canadian government, however the moment you move to the U.S. permanently you will lose all government benefits that day, as you're no longer a Canadian resident. To regain it, you must move back to Canada and be a Canadian resident for at least 3 months before you can benefit from Canadian healthcare again. If you visit the U.S. too long, you might also not be considered a Canadian resident anymore, either, and some states will consider you a resident, EVEN if you're just visiting, and require you to get things such as a local drivers license (Example: In Georgia, it's 30 days before you're no longer allowed to use your Canadian drivers license to drive as they consider you a GA resident, regardless of your U.S. status).

- The moment you marry, you can be added to your spouse's insurance. You can get an SSN as a K-1 almost immediately after point of entry to make this easier.

- You will never lose Canadian CITIZENSHIP, that must be formerly and officially renounced, but you lose Canadian RESIDENCY the moment you move. When you eventually down the line become a U.S. citizen, you will become a Dual U.S./Canadian citizen, as both countries recognize dual citizenship with each other.

 

I hope this all helps. Good luck.

Thank you SO much for the reply.

 

-I've been extremely worried about being allowed to travel over there for 4 months. I find it so frustrating that we are technically allowed to spend 6 months there, but have such a high chance of being denied. I've had a few people tell me it went super smoothly for them, and I've also heard TONS of horror stories. I'm having people telling me to lie and say I'm visiting friends, and others say to tell the truth. I'm so confused and have been scared to spend $1,000 on a ticket when it could all back fire on me. 

I don't have a job. I am on disability, and am on a medication I see a doctor for. I don't own a house and am not on a lease, I have an apartment and it's all month to month. I was thinking I could bring proof of being on disability, a letter from my doctor, and a note of some sort from my landlord? And I was thinking maybe a note from my mom stating I WILL be back, she will be babysitting my cat, and will be watching my house. Do you think that would even be enough? I've been meaning to post about that on here but wasn't sure if I make a new thread or?

 

-Thank you for giving me that information about government assistance. I had no idea about any of that. Thank you!

Do you know how long of a visit until they consider you a resident? I'll be visiting Maryland if that helps at all. I won't be driving while I'm there at all either, if that makes any difference. 

 

-And thank you so much for clearing up the resident/citizenship part for me, that makes a lot more sense.

 

This was extremely helpful, I greatly appreciate it! 

 

[Tia_24 1]

1 hour ago, Ben&Zian said:

From what it sounds like you need to yourself cut off the funding once you cross the boarder with the K-1 visa in hand honestly.

 

As to the medical here, having been in the military myself, once married you need to be enrolled in DEERS and all as a dependant, then you will earn/gain the medical coverage of a spouse. 

 

So there will presumably be a gap of time between leaving Canada and getting the medical and all; but perhaps time your departure from Canada at a point when you just have gotten your prescription refilled, that way help cover the time when you don't have medical?

 

As to the medical issue causing a denial, I highly highly doubt it. Not many illness' cause denials unless their are extreme and communicable.

That makes sense. I guess I will just contact the government here and see what they say. I've been nervous to do that as I've been worrying they will have the mindset of "well, if she's willing to do this, she's fine without assistance as far as were concerned,"  and just cut me off as is.

 

Oh dear. I have no idea what DEERS is, I will look into that. Do you know how long that usually takes?

That's a great idea to see if I can get enough medication filled to hold me over when I'm without medical until all is approved.

I also had another question for you. If I am allowed entry for my 4 month trip and not denied, and we file the k-1 while I'm there, if I some how magically get called in for my interview (Montreal correct?) during my stay in the USA, and I fly out of the USA to Montreal for the interview, would I be allowed to go back into the USA after? Or would it be best to go back to Canada? How long after the interview is it that you get the visa? I'm just trying to make sense of this all before I go booking my plane tickets and such. 

 

Again, as always, thank you so much for everything. You've always been a great help here.

[zilchfox 296]

3 hours ago, Tia_24 said:

Thank you SO much for the reply.

 

-I've been extremely worried about being allowed to travel over there for 4 months. I find it so frustrating that we are technically allowed to spend 6 months there, but have such a high chance of being denied. I've had a few people tell me it went super smoothly for them, and I've also heard TONS of horror stories. I'm having people telling me to lie and say I'm visiting friends, and others say to tell the truth. I'm so confused and have been scared to spend $1,000 on a ticket when it could all back fire on me. 

I don't have a job. I am on disability, and am on a medication I see a doctor for. I don't own a house and am not on a lease, I have an apartment and it's all month to month. I was thinking I could bring proof of being on disability, a letter from my doctor, and a note of some sort from my landlord? And I was thinking maybe a note from my mom stating I WILL be back, she will be babysitting my cat, and will be watching my house. Do you think that would even be enough? I've been meaning to post about that on here but wasn't sure if I make a new thread or?

 

-Thank you for giving me that information about government assistance. I had no idea about any of that. Thank you!

Do you know how long of a visit until they consider you a resident? I'll be visiting Maryland if that helps at all. I won't be driving while I'm there at all either, if that makes any difference. 

 

-And thank you so much for clearing up the resident/citizenship part for me, that makes a lot more sense.

 

This was extremely helpful, I greatly appreciate it! 

 

It's your job to convince the CBP officer that your visit is indeed just a temporary visit as you claim, and it's up to the CBP officer to believe you. The longer the visit, the harder it will be to convince, HOWEVER they will take into account previous/past visits, too. For example, I visited Atlanta over a dozen times within the last 5 years to the point that they no longer even ask me a question beyond "Please show me your passport and airline ticket", "all looks good, have a nice flight and welcome to the U.S.", because they can see in my travel history that I've always abide by the I-94 departure limits and never had an issue at the border, so they trust you more and more, and also being a NEXUS card holder helps lots, too, as that's literally a 'Trusted Traveler Program', but you could always be that 'random selection' for further additional questions and you'd never know until you're talking with them. You're ALLOWED to visit for 4 months (6 month limit), however it's still a very long time to visit for so expect to be asked additional questions about why you're staying so long, and bring evidence of your ties back to Canada. If you cannot generate this evidence, it might be safer to have your fiance visit you in Canada instead.

 

A letter from your doctor stating you gotta go back to Canada for whatever reason should help (such as a scheduled check-up) and proof that you're on disability might help, too, but you'd never know until you try. I'm not sure for the landlord letter, but if you think it helps, it's worth bringing with you. If you prepare for the worst, in most cases you'll find you've over-prepared, but that's okay because it's much better than being under-prepared! Just be sure not to volunteer any information to the CBP officer that you don't need to provide, and just stick to what they ask of you.

 

A quick check shows that Maryland doesn't consider you a resident until you've been visiting/living there for at least 6 months, which means your Canadian drivers license should be fine for 6 months at least in that state.

 

And yes, you'll always be a Canadian Citizen until the date of your death, and you'll always forever be allowed to move back to Canada as that is your right as a citizen, regardless of how long you've lived abroad in the U.S.

[Georgia16 2,858]

When you move on a K-1 there will be a short time where you will not be covered. If you need medication everyday then see if your doctor 

in Canada will give you extra prescriptions for extra medicine you will bring with you I guess kind of like the do when you are going here on vacation for 4 months.

 

I did that and got medication for the first year I'm here so I wouldn't have to think of that on top of everything else.

[Leafsfan 54]

19 hours ago, Tia_24 said:

That makes sense. I guess I will just contact the government here and see what they say. I've been nervous to do that as I've been worrying they will have the mindset of "well, if she's willing to do this, she's fine without assistance as far as were concerned,"  and just cut me off as is.

 

Oh dear. I have no idea what DEERS is, I will look into that. Do you know how long that usually takes?

That's a great idea to see if I can get enough medication filled to hold me over when I'm without medical until all is approved.

I also had another question for you. If I am allowed entry for my 4 month trip and not denied, and we file the k-1 while I'm there, if I some how magically get called in for my interview (Montreal correct?) during my stay in the USA, and I fly out of the USA to Montreal for the interview, would I be allowed to go back into the USA after? Or would it be best to go back to Canada? How long after the interview is it that you get the visa? I'm just trying to make sense of this all before I go booking my plane tickets and such. 

 

Again, as always, thank you so much for everything. You've always been a great help here.

I'll do my best to try to sum up everything I can based on my knowledge and personal experience. I'm a former CR1 applicant.

 

K and CR interviews are conducted in Montreal. If you're assigned an interview date while you're physically in the USA, you will not be able to immediately return after completion of your interview. They retain your passport at the end to insert the visa biographic page. My passport with the visa was couriered back to me 7 days after my interview. I had to preselect a post office to collect it, present a photo ID with my Canadian address as it was at time of application, and sign for it.

 

I'm not sure how collecting disability works if you're not present in the country. In the regional Canada thread, apparently it's a thing for K and CR applicants to file for EI after leaving to be reunited with their spouse. Seems to be a high approval rate. I'm still waiting on it myself.

 

Your healthcare is a concern. It may be worth looking at the CR1 route for this reason, as your spouse could get you covered under their family benefits. You're not giving up residency if you're admitted to the US on a B2 visa, but as soon as you cross a POE as a K or CR it's gone. Start bulking up on any any all prescriptions you take daily or PRN. Start getting any vaccination boosters you may need, as you'll need to be current when you do the medical for adjustment of status of CR medical. You will not be cut off disability upon filing for a CR or K visa, as an application is no guarantee of approval.

 

Crossing for a long period on a B2, yea that's stressful. My advice is to bring paperwork documents showing you're on disability, and how much that is on a monthly basis. Bring utility bills with your name on it. Contents insurance policy. You said you're not on lease where you're at: are you sharing accommodation with someone, or is it just unofficial tenancy? If there's any way you can get a piece of paper signed by your roommate or landlord with their contact info this can only help. Have a copy of your return airfare booking. Have this paperwork in your hands when you hand your passport over and offer it up to support your claims.

 

You're not considered a US resident for taxation purposes until you're present for over 6 months. This is taxation purposes only, and does not constitute legal residency (think the retired who winter in the sun belt). This is generally why a B2 for Canadians is valid 6 months. Your home province drivers license is valid for this period.

 

I hope this helps.

[candybabe 46]

22 hours ago, Tia_24 said:

Hi everyone.

 

My fiance and I have decided to go with the k1 visa.

I live in Canada, he lives in America. I will be moving to him.

Our plans were for me to go visit him next week and stay for 4 months. I will be buying a return ticket when I purchase my ticket. I'm already concerned about being denied at the boarder but that's a whole different stress.

While I'm there, were going to get all the paperwork and information together and file for the k-1 visa.

I do have a few questions. 

I am currently on disability assistance here in Canada as I had gotten an illness out of nowhere that kept me out of work. I receive a cheque from the government here in Canada every month. I also get full health coverage on disability, which is great as I have a certain medication that I am required to take every single day. 

What I'm wondering is if we file for the k-1 visa, are they going to cut my disability assistance off right away? Will they wait until visa approval before they do that?

Is me having been on disability going to cause issues for us being approved?

 They make it hard as I'm going to need this money to pay for my rent and bills in Canada as of course the visa doesn't allow us to live together until all is approved. 

My other question is, when our visa does get approved, when do I become sponsored by him? When do I get on his insurance coverage? He is in the military if that makes any difference. I'm just trying to figure this out as again, I have a medication I have to take every day that could get EXTREMELY costly without insurance. 

 

I'm feeling quite defeated and stressed here and am extremely concerned this is going to cause us issues. Thank you all for listening. 

One very important thing to keep in mind - regardless how good your health insurance is going to be here after you marry, the cost of medication in the US is through the roof EXTREMELY HIGH.

 

As an example, a brand name asthma inhaler that you can buy in Europe for $6 (six), with insurance in the US comes up at $47(forty-seven) out of pocket after the insurance covers a portion !!!???

This is a rescue inhaler that is supposed to save your life. and it is the same exact inhaler, same company,  same label, same dosage .

 

this is because the cost of pharmaceutical drugs and supplies is not regulated by the govt in any way outside the Medicare / Medicaid systems.

 

You may very well end up having to pay hundreds of dollars a month in medication.

plus if your husband leaves the service and finds a civilian job, and if things change with the current healthcare law, you may very well be denied coverage as you have a pre-existing condition.