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CR1/IR1 Montreal FAQ

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Filed: Citizen (apr) Country: Canada
Timeline

Thank you for taking your time to do this. This is very helpful to our members who just like to read and our non members who also prefer to read the forums. 

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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16 hours ago, Ontarkie said:

Thank you for taking your time to do this. This is very helpful to our members who just like to read and our non members who also prefer to read the forums. 

Can this be stickied?

 

This is the most complete and up to date information possible on the entire post USCIS process and should be referred to for now if someone makes a new thread, for example, about police certificate requirements.

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Filed: Citizen (apr) Country: Canada
Timeline
2 hours ago, canadavisa22 said:

Can this be stickied?

 

This is the most complete and up to date information possible on the entire post USCIS process and should be referred to for now if someone makes a new thread, for example, about police certificate requirements.

We are at the max we can pin in for the forum, but I will ask. 

 

 

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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Tbh the K1 guide prolly should be removed from the sticky list.  I think the info is really outdated. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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  • 4 weeks later...
Filed: IR-1/CR-1 Visa Country: Canada
Timeline

@DGF

 

I really appreciate the efforts you have contributed to pull this FAQ.

One can walk through whole process from NVC DQ to visa issuance at a glance. 

Awesome work!

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Filed: Citizen (apr) Country: Canada
Timeline

~~Thread cleaned up~~

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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There is a part of this FAQ that is dangerously wrong and that is the part that you *have* to formally renounce your Canadian PR. This is wholeheartedly incorrect. It is legally possible to maintain Canadian PR and US PR by being in compliance with the obligations that both countries set out.

 

For Canada, this one is simple. You must be physically present in Canada for 730 days in a 5 year period. You don't have to be an actual resident of Canada, but merely just present on Canadian soil. This could be harder for LPR's that are far from the US border, but for those who are within relative proximity to Canada while living in the US, and potentially working in Canada can maintain both PRs.

 

For the US's requirements, you must demonstrate especially well your ties to the United States. I.e. drive a US Plated vehicle, use a US Drivers' License, hold money in US Bank accounts and have close family ties in the US. You must also try to spend as much time as you can in the US, especially if you want to gain eligibility for US Citizenship. In general, CBP's enforcement of maintaining ties to the US have been pretty lax, and so long as you maintain a residence in the US and have ties there, they don't care what you do in Canada. Lawyers often advise a Re-Entry Permit to help protect your PR, which isn't a bad idea, but so long as your intentions remain to live in the US while spending 730 days in a 5 year period in Canada, you can maintain both PRs.

 

Some Canadian border officers argue that you can't have both, however, they are in the wrong here. So long as you are in compliance with the Canadian Residency Obligation you cannot be touched and enter Canada by right. There are no avenues within existing Canadian Law to revoke PR on the basis of gaining PR elsewhere. Equally, CBP cannot touch you so long as you provide convincing evidence that your place of domicile and permanent home is in the US and demonstrate a continuing intention to return.

 

Regarding Provincial Healthcare. The jury is out on that one. I haven't heard of anyone losing US LPR status on the basis of gaining and using Canadian healthcare, however the Provincial Authorities may, if they discover, that you aren't Canadian domiciled, come after you for the costs of the healthcare you used. The Provincial Governments cannot share information willy-nilly with DHS. If you happen to have a secondary residence in a Canadian province and work in Canada, thus paying Provincial Tax, but maintain all other residential ties in the US, again, not sure whether that's allowed. For BC to be eligible they say a person must "make his or her home in British Columbia", but it is silent on whether that means principal residence.

Edited by CanadaDude
Adding in sentence regarding Cdn law.

Became Canadian PR: 11/11/2017

I-130 NOA1: 04/06/2020

I-130 NOA2: 08/11/2020

NVC IV Package Sent: 09/10/2020

NVC DQ: 09/23/2020

Applied for Canadian Citizenship: 06/24/2021

IV Interview @ MTL: 08/04/2021

POE: 08/09/2021

GC in hand: 12/24/2021

Became Canadian Citizen: 06/21/2022

Submitted I-751: 06/08/2023

My guide on Importing a Canadian Vehicle into the US using a Registered Importer: https://www.visajourney.com/wiki/importing-dot-non-compliant-canadian-vehicles-into-the-united-states-with-a-registered-importer-r135/

 

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
2 minutes ago, CanadaDude said:

There is a part of this FAQ that is dangerously wrong and that is the part that you *have* to formally renounce your Canadian PR. This is wholeheartedly incorrect. It is legally possible to maintain Canadian PR and US PR by being in compliance with the obligations that both countries set out.

 

For Canada, this one is simple. You must be physically present in Canada for 730 days in a 5 year period. You don't have to be an actual resident of Canada, but merely just present on Canadian soil. This could be harder for LPR's that are far from the US border, but for those who are within relative proximity to Canada while living in the US, and potentially working in Canada can maintain both PRs.

 

For the US's requirements, you must demonstrate especially well your ties to the United States. I.e. drive a US Plated vehicle, use a US Drivers' License, hold money in US Bank accounts and have close family ties in the US. You must also try to spend as much time as you can in the US, especially if you want to gain eligibility for US Citizenship. In general, CBP's enforcement of maintaining ties to the US have been pretty lax, and so long as you maintain a residence in the US and have ties there, they don't care what you do in Canada. Lawyers often advise a Re-Entry Permit to help protect your PR, which isn't a bad idea, but so long as your intentions remain to live in the US while spending 730 days in a 5 year period in Canada. You can maintain both PRs.

 

Some Canadian border officers argue that you can't have both, however, they are in the wrong here. So long as you are in compliance with the Canadian Residency Obligation you cannot be touched and enter Canada by right. There are no avenues within existing Canadian Law to revoke PR on the basis of gaining PR elsewhere. Equally, CBP cannot touch you so long as you provide convincing evidence that your place of domicile and permanent home is in the US and demonstrate a continuing intention to return.

Do you have a source for this, especially the US requirements? Will gladly update it but right now it's just what one person has said vs another and I'd love an official answer especially if it's murky even amongst border officers. 

I am not a lawyer and nothing I say is or should be taken as legal advice. 

 

CR1/IR1 Timeline:

 

Spoiler

Married: August 18th 2018

I-130 Sent: September 18th 2018

PD: September 20th 2018 TSC

NOA1 Received: October 5th 2018
Case Inquiry: July 13th 2019 

Case Inquiry Response: July 24th 2019 - in line for processing.

Escalated Case Inquiry: August 6th 2019 - tier 2 found that internal status was "in background check" despite results coming back 4 months prior.

Escalated Case Inquiry Response: August 7th 2019 - case was "delayed" because they had to "perform additional review" 🙄 case now with an officer.

NOA2: August 22nd 2019 (336 days)

Sent to DOS: September 5th 2019

NVC Received: September 13th 2019

Case Number: October 9th 2019

DS-260 Completed: October 28th 2019

NVC Docs Uploaded: October 29th 2019

DQ: December 18th 2019

Became IR1: August 18th 2020

IL: October 13th 2020

Interview: November 2nd 2020

Visa Received: November 5th 2020

POE: November 8th 2020

GC Received: January 23rd 2021

 

CR1/IR1 Montreal FAQ:https://docs.google.com/document/d/1k927pE5wqzTN5n0lPYZ1JQxgbmnzmNWX5hSteyii0BY/

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This is a source with anecdotal evidence: https://www.canadavisa.com/canada-immigration-discussion-board/threads/us-green-card-and-canadian-pr-at-the-same-time.434031/

 

However, Canada's rules for maintaining PR are 'bright-line rules' which means there are specific requirements that one must meet to keep PR. This source from the Canadian Government indicates on keeping PR status: https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/understand-pr-status.html

 

There is absolutely no basis in law for Canada to revoke PR status for anything besides non-compliance of the Residency Obligation, or suffering a serious criminal conviction with a maximum sentence of 10 years, or serving an actual sentence of six months or more (this applies both inside and outside of Canada). Either way, this cannot be done at the border and CBSA officers have no ability to revoke your PR status. At most they can refer your case to IRCC and refer it to a judge to determine whether you are still a PR. Outside of this, the only other ways to lose PR is by becoming a Canadian Citizen or by voluntarily renouncing it. I would happily cite the Immigration and Refugee Protection Act regarding how PR status is lost, if you need it.

 

I figured it was important to mention this because your instructions would have people renounce their PR when there was no need, and as a result closes that door for them to return to Canada, which is dangerous advice. Anyone who is a Canadian PR only needs to voluntarily renounce if they *know* they are not in compliance with the Residency Obligation and don't want the hassle of having the Government make a determination whether they should keep it.

---

For the US, they use 'totality of the circumstances' to determine whether someone has abandoned their LPR status. This is a combination of ties to the US, ties overseas, time spent in the US vs. overseas and a variety of other factors for CBP to suspect abandonment, and whether an IJ would rule abandonment.

 

Source: https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence

 

This guide also is a good explanation on the risks of abandoning LPR status and how to avoid that determination: https://citizenpath.com/green-card-abandonment-risks-travel-abroad/

Edited by CanadaDude

Became Canadian PR: 11/11/2017

I-130 NOA1: 04/06/2020

I-130 NOA2: 08/11/2020

NVC IV Package Sent: 09/10/2020

NVC DQ: 09/23/2020

Applied for Canadian Citizenship: 06/24/2021

IV Interview @ MTL: 08/04/2021

POE: 08/09/2021

GC in hand: 12/24/2021

Became Canadian Citizen: 06/21/2022

Submitted I-751: 06/08/2023

My guide on Importing a Canadian Vehicle into the US using a Registered Importer: https://www.visajourney.com/wiki/importing-dot-non-compliant-canadian-vehicles-into-the-united-states-with-a-registered-importer-r135/

 

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
2 minutes ago, CanadaDude said:

This is a source with anecdotal evidence: https://www.canadavisa.com/canada-immigration-discussion-board/threads/us-green-card-and-canadian-pr-at-the-same-time.434031/

 

However, Canada's rules for maintaining PR are 'bright-line rules' which means there are specific requirements that one must meet to keep PR. This source from the Canadian Government indicates on keeping PR status: https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/understand-pr-status.html

 

There is absolutely no basis in law for Canada to revoke PR status for anything besides non-compliance of the Residency Obligation, or suffering a serious criminal conviction with a maximum sentence of 10 years, or serving an actual sentence of six months or more. Either way, this cannot be done at the border and CBSA officers have no ability to revoke your PR status. At most they can refer your case to IRCC and refer it to a judge to determine whether you are still a PR. Outside of this, the only other ways to lose PR is by becoming a Canadian Citizen or by voluntarily renouncing it.

 

I figured it was important to mention this because your instructions would have people renounce their PR when there was no need, and as a result closes that door for them to return to Canada, which is dangerous advice. Anyone who is a Canadian PR only needs to voluntarily renounce if they *know* they are not in compliance with the Residency Obligation and don't want the hassle of having the Government make a determination whether they should keep it.

---

For the US, they use 'totality of the circumstances' to determine whether someone has abandoned their LPR status. This is a combination of ties to the US, ties overseas, time spent in the US vs. overseas and a variety of other factors.

 

Source: https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence

 

This guide also is a good explanation on the risks of abandoning LPR status and how to avoid that determination: https://citizenpath.com/green-card-abandonment-risks-travel-abroad/

Thanks! I'll read through those and put together a new answer for that question. I don't have personal experience with a lot of what is in the FAQ (it is compiled from what others reported in the group chat) so I appreciate incorrect information being called out :) 

I am not a lawyer and nothing I say is or should be taken as legal advice. 

 

CR1/IR1 Timeline:

 

Spoiler

Married: August 18th 2018

I-130 Sent: September 18th 2018

PD: September 20th 2018 TSC

NOA1 Received: October 5th 2018
Case Inquiry: July 13th 2019 

Case Inquiry Response: July 24th 2019 - in line for processing.

Escalated Case Inquiry: August 6th 2019 - tier 2 found that internal status was "in background check" despite results coming back 4 months prior.

Escalated Case Inquiry Response: August 7th 2019 - case was "delayed" because they had to "perform additional review" 🙄 case now with an officer.

NOA2: August 22nd 2019 (336 days)

Sent to DOS: September 5th 2019

NVC Received: September 13th 2019

Case Number: October 9th 2019

DS-260 Completed: October 28th 2019

NVC Docs Uploaded: October 29th 2019

DQ: December 18th 2019

Became IR1: August 18th 2020

IL: October 13th 2020

Interview: November 2nd 2020

Visa Received: November 5th 2020

POE: November 8th 2020

GC Received: January 23rd 2021

 

CR1/IR1 Montreal FAQ:https://docs.google.com/document/d/1k927pE5wqzTN5n0lPYZ1JQxgbmnzmNWX5hSteyii0BY/

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No problem. Happy to help out! :)

Became Canadian PR: 11/11/2017

I-130 NOA1: 04/06/2020

I-130 NOA2: 08/11/2020

NVC IV Package Sent: 09/10/2020

NVC DQ: 09/23/2020

Applied for Canadian Citizenship: 06/24/2021

IV Interview @ MTL: 08/04/2021

POE: 08/09/2021

GC in hand: 12/24/2021

Became Canadian Citizen: 06/21/2022

Submitted I-751: 06/08/2023

My guide on Importing a Canadian Vehicle into the US using a Registered Importer: https://www.visajourney.com/wiki/importing-dot-non-compliant-canadian-vehicles-into-the-united-states-with-a-registered-importer-r135/

 

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