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Zoeeeeeee

When do you cease to be a resident of your original country?

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Posted (edited)

Hi everyone, 

 

Hoping someone can advise. I understand that after you wed (within 90 days of entering the US), you then apply for adjustment of status. It then takes around 6 months on average for you to be granted the right to travel/work...but you don’t receive your green card then, this generally takes well over 12 months (I believe this is correct, though please let me know if I’m wrong!).

 

So, my question is...in that in-between stage...when you’ve been granted the right to travel (I believe this may be called EAD, though I’m probably totally wrong on that - there’s a lot of acronyms used on here and I end up confusing them!)...but you haven’t got your green card yet - are you NOT considered a US resident yet, and therefore, you ARE considered still a resident of your original country?

 

For example, I’m a UK citizen and so enjoy some great benefits as a result of that. Let’s say I came back to visit family (once I’ve got married and have authorisation to leave and re-enter the US - but BEFORE I have a green card)...would I still be a UK resident at that point, as I presumably wouldn’t be a US one yet...so I could utilise things like the NHS?

 

Thanks for reading 🙃.

Edited by Zoeeeeeee
Grammatical error

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I know when I left Canada, I ceased to be a

resident the moment I used the visa because my intent was to no longer reside in Canada.  Therefore, by spirit of the law, I was ineligible for healthcare benefits in Ontario.  By letter of the law, I could possibly have made the case based on presence testing before I left, but it wouldn’t have been ethical.

 

For me, I technically did not have a residence for 6.5 months until my greencard was approved (processing was much quicker then).

 

If your USC spouse has healthcare, they can add you to it, under special enrollment.  Usually within 15-30 days of the special event (your wedding).

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3 minutes ago, Cryssiekins said:

I know when I left Canada, I ceased to be a

resident the moment I used the visa because my intent was to no longer reside in Canada.  Therefore, by spirit of the law, I was ineligible for healthcare benefits in Ontario.  By letter of the law, I could possibly have made the case based on presence testing before I left, but it wouldn’t have been ethical.

 

For me, I technically did not have a residence for 6.5 months until my greencard was approved (processing was much quicker then).

 

If your USC spouse has healthcare, they can add you to it, under special enrollment.  Usually within 15-30 days of the special event (your wedding).

I possibly should have posted this in the U.K. section, as it’s likely it may differ by the laws of the original country...though I think you’re almost certainly right - it’s likely the same in the U.K., as you can claim a tax rebate for the year when you leave, so I suppose the argument of “I paid my taxes, etc” wouldn’t really count then...

 

Not sure ethics necessarily come into it - unfortunately, insulin is extortionately priced in the US as the companies operate like cartels - even with insurance, it’s not cheap. My fiancé will be adding me to his insurance and we will be able afford my medicines, however, if I could top up my supply when visiting home, that’d be great - we’d obviously cope without it, but it’d be a helpful bonus!

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You would not be resident for NHS purposes.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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16 minutes ago, Zoeeeeeee said:

I possibly should have posted this in the U.K. section, as it’s likely it may differ by the laws of the original country...though I think you’re almost certainly right - it’s likely the same in the U.K., as you can claim a tax rebate for the year when you leave, so I suppose the argument of “I paid my taxes, etc” wouldn’t really count then...

 

Not sure ethics necessarily come into it - unfortunately, insulin is extortionately priced in the US as the companies operate like cartels - even with insurance, it’s not cheap. My fiancé will be adding me to his insurance and we will be able afford my medicines, however, if I could top up my supply when visiting home, that’d be great - we’d obviously cope without it, but it’d be a helpful bonus!

I’m not familiar with the UK in terms of prescriptions but in Ontario, there is a cost associated with them.  

 

In that respect, I had my doctor, at my last appointment, refill my asthma inhaler prescription, and then I placed the order at

the pharmacy, and pre-paid for the whole 5 units, which were $15 each.  I am fortunate enough to have my parents only a few hours away, so anytime my mom was coming to visit, I’d have her pick up one of my prepaid inhalers and bring it across for me.  

 

Also, not sure how it works with insulin, but if you can get a prescription with refills and call it in however frequently you can, and then when you visit, you can bring it back?  Don’t know if that’s possible? 

 

I agree though, even with insurance here, things are unbelievably expensive.

 

My husband had a health concern a few weeks ago, and required an ultrasound.  It was $85 out of pocket.  Things like that, and even $25 copays at the doctor office still bewilder me, because for 30 years I had Ontario health insurance and basic and  necessary medical care (doctor visit/surgery etc) were at no cost.  My Canadian doctor actually offered to continue seeing me, for free, if I wanted to, but it is like a 2.5 hour drive, which costs more in time and money than to just suck up the $25.

 

I hope you can find a way to stockpile some and lessen the stress during the AOS period.  I know I chat with a girl who is from Sweden and she stockpiled meds before leaving for the US for the same reason.  Sorry I can’t be more helpful specific to your needs.

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~~Moved to Moving Here and Your New Life, from K1 P&P - The OP is not asking a visa processing question.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

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Once you enter the US on your visa and set up home. You are a resident of the state you moved to. It doesn't matter if you don't have a GC you are a resident.

 

That is also why you can no longer drive on a foreign driver licence because you are no longer a visitor you will need a US DL based on the state you live in. (I know you didn't mention driving. Just using it as an example.)


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Those who have applied for AOS here (but who don't yet have a green card) have the formal status of "applicant for Adjustment" or "Adjustment applicant."  I learned this from asking an immigration lawyer when Mrs. T-B. was at this stage.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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On 3/13/2019 at 2:01 AM, Cryssiekins said:

I’m not familiar with the UK in terms of prescriptions but in Ontario, there is a cost associated with them.  

 

In that respect, I had my doctor, at my last appointment, refill my asthma inhaler prescription, and then I placed the order at

the pharmacy, and pre-paid for the whole 5 units, which were $15 each.  I am fortunate enough to have my parents only a few hours away, so anytime my mom was coming to visit, I’d have her pick up one of my prepaid inhalers and bring it across for me.  

 

Also, not sure how it works with insulin, but if you can get a prescription with refills and call it in however frequently you can, and then when you visit, you can bring it back?  Don’t know if that’s possible? 

 

I agree though, even with insurance here, things are unbelievably expensive.

 

My husband had a health concern a few weeks ago, and required an ultrasound.  It was $85 out of pocket.  Things like that, and even $25 copays at the doctor office still bewilder me, because for 30 years I had Ontario health insurance and basic and  necessary medical care (doctor visit/surgery etc) were at no cost.  My Canadian doctor actually offered to continue seeing me, for free, if I wanted to, but it is like a 2.5 hour drive, which costs more in time and money than to just suck up the $25.

 

I hope you can find a way to stockpile some and lessen the stress during the AOS period.  I know I chat with a girl who is from Sweden and she stockpiled meds before leaving for the US for the same reason.  Sorry I can’t be more helpful specific to your needs.

No, you’ve been very helpful, thank you!

 

Unfortunately, having done a bit of research, I can’t get any prescription medicine in the U.K. after moving, as they won’t dispense it on a non-EU prescription - and you can’t buy it without one. 

 

It also appears to be illegal to import prescription medicines into the US, even for personal use, if the medicines are available in the US - so my thoughts of nipping up to Canada or down to Mexico are now gone (obviously there’d never be an issue with an asthma inhaler, as it’d be expected that people would carry one of these...but a box of insulin wouldn’t be as subtle! 😫).

 

I’ve done a tally up and the monthly cost for my medicines (so not including things like doctor’s visits, blood tests, etc) comes to approximately $660 - $540 of which is for insulin alone...my fiancé’s insurance plan (that I will be added to)is one where they pay 70% and he pays 30%...so my meds will be approximately $200 a month, plus $400 a month for my insurance...so a grand total of $600 a month, before doctor’s visits and tests...

 

It’s not ideal (particularly as here, I pay nothing for my medicines, as they’re all auto-immune conditions, so the NHS pays for everything) - however, we knew there’d be pros and cons as part of the emigration - and the pro of being together definitely outweighs the con of crazy-priced medicine! 

 

I absolutely am stockpiling though, to bring as much as I can in when I move! 🙃

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8 hours ago, Zoeeeeeee said:

It also appears to be illegal to import prescription medicines into the US, even for personal use, if the medicines are available in the US - so my thoughts of nipping up to Canada or down to Mexico are now gone

Not true that I've encountered; reasonable amounts for personal consumption have always been acceptable.  The CBP agents might ask what you bought.  Anything with narcotics is, of course, forbidden.

 

My preferred place in Mexico is a haven for "winter Texans," and every other storefront is a pharmacy.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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2 hours ago, TBoneTX said:

Not true that I've encountered; reasonable amounts for personal consumption have always been acceptable.  The CBP agents might ask what you bought.  Anything with narcotics is, of course, forbidden.

 

My preferred place in Mexico is a haven for "winter Texans," and every other storefront is a pharmacy.

Ohhhh, ok...see I read articles like this that have just made me very nervous (https://www.healthline.com/diabetesmine/true-or-false-you-can-buy-insulin-from-canada#1)

 

It would be a help to be able to nip to Canada (my fiancé’s parents aren’t far from the border in Washington) or Mexico (we can drive there is about 4 hours from LA)...but I’m worried about breaking or bending any laws before becoming an American citizen (I mean, obviously I don’t plan on breaking laws when I am a citizen, but I certainly wouldn’t want to do anything to jeopardise my chances whilst still on a green card). I think if we ever lost our insurance, it would definitely be something I’d look into (as it’d cost $540 a month), but after insurance it’s only $162 a month, so probably not much difference, once you’ve factored in travel costs etc (especially if only getting a 90 day supply)...

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2 hours ago, Boiler said:

Yep, been reading a lot about insulin in the US at the moment (there’s a big court case going on too) - it’s incredibly sad what the high prices are doing to people. 

 

Like I said, I’ve never paid for a prescription in my life (I was born with an overactive immune system, so type 1 diabetes was first to hit, age 4 - and the U.K. NHS covers absolutely everything for me) - I might take in a letter to my visa interview, detailing the new costs we’ll be taking on as a result of me moving, as proof of a genuine relationship 😆😆😆.

 

Joking aside, we will be looking into insurance policies and assessing what will be the best - Herschell is with Kaiser currently, but he has zero health conditions and is never ill - I come with a lot of pre-existing, and thus, a hefty price tag - but I also have fairly high running costs 😫😫

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