US Green Card Process for Canadian Resident Parents

[jamburger 5]

I am a naturalized US citizen living in US. My parents (both are retired and 70+ years) are Indian citizens living in Canada as permanent residents with Canadian citizenship application in processing. I wish to sponsor US GC for them with the plan to have them live with me in US (on GC) after they become Canadian citizens. Ideally I would like to start the US GC application process now to save time and not wait until they get Canadian citizenship. Currently they frequently visit US on B2 visa.

 

Q1) In general, is it preferable to start the process for US GC while they are outside US (consular processing) or in US (I-130 and 485 together)? Is one approach easier/faster than the other? 

Q2) If I apply for I-130 when they are outside US, will they be able to continue to visit US on their current & valid visitor visa?

Q3) If I apply for I-130 when they are outside US, once I-130 is approved, can we intentionally delay submitting I-864 and rest of the steps? If yes, for how long? The idea is to delay US GC approval/completion until Canadian citizenship process is done (which is expected to complete in 9-12 months from now).

Q4) If they become Canadian citizens (i.e. give up Indian citizenship) while I-130 is approved or is in processing, will that reset their US GC process i.e. have to re-apply I-130 with new passport info? 

Q5) Given the circumstances, would you recommend waiting until Canada Citizenship is complete and then apply for US GC? If yes, is applying while they are in US better than while they are in Canada?

Q6) Other suggestions?

 

Thank you!

[Crazy Cat 41,978]

1.  They cannot enter the US with the intent to adjust status.  They have only one option....Consular processing.

2.  Yes

3.  Yes.  At least a few years...

4.  No.

5.  No difference........See #1 above.

6.  Start the I-130 process now.

Edited May 3, 2020 by Lucky Cat

[NikLR 13,227]

One thing to be aware of, they will NOT be allowed to use Canadian health care once they become US LPR.  I would personally look into health insurancr costs and debate if moving is really the best thing? It may be as then you can help look after them too. Best wishes. 

[Boiler 45,657]

Why are they so keen to obtain Canadian Citizenship if they want to move to the US. How old are they?

[payxibka 10,045]

14 minutes ago, Boiler said:

Why are they so keen to obtain Canadian Citizenship if they want to move to the US. How old are they?

First sentence of OPs post

[databit 328]

Think very carefully. Their healthcare costs could bankrupt you. No Medicare or Medicaid. Even buying on the ACA Marketplace can cost anywhere from $12,000 a up per year NOW, in 2020, for the gold plan, and that does not include any co-pays for meds or services, or uncovered supplies. And if either of them should need nursing home care (even temporarily like after a fall) that runs about  $6,000-$8,000 a month, and you would need to pay this as their sponsor. And even buying on the ACA is influenced by whether you want to use them as dependents on your tax return. Talk to a good financial advisor.

Edited May 3, 2020 by databit

[milimelo 4,498]

Probably best to remain in Canada and visit US as snow birds (6 months). 

[Boiler 45,657]

Ooops 70 years plus, ouch, hopefully extremely wealthy

[SalishSea 17,920]

2 hours ago, jamburger said:

The idea is to delay US GC approval/completion until Canadian citizenship process is done (which is expected to complete in 9-12 months from now).

There is no way they would have visa approval by that time.  Interviews at Montreal alone can take months to schedule.

 

And like others have said, they cannot try to adjust while visiting on a B-2.  That would be immigration fraud.

Edited May 3, 2020 by Jorgedig

[jamburger 5]

3 hours ago, Boiler said:

Why are they so keen to obtain Canadian Citizenship if they want to move to the US. How old are they?

To have an option to move back to Canada. 

[jamburger 5]

1 hour ago, Jorgedig said:

And like others have said, they cannot try to adjust while visiting on a B-2.  That would be immigration fraud.

Understood. Makes sense. Thanks for clarifying that.

[jamburger 5]

2 hours ago, databit said:

Think very carefully. Their healthcare costs could bankrupt you. No Medicare or Medicaid. Even buying on the ACA Marketplace can cost anywhere from $12,000 a up per year NOW, in 2020, for the gold plan, and that does not include any co-pays for meds or services, or uncovered supplies. And if either of them should need nursing home care (even temporarily like after a fall) that runs about  $6,000-$8,000 a month, and you would need to pay this as their sponsor. And even buying on the ACA is influenced by whether you want to use them as dependents on your tax return. Talk to a good financial advisor.

Thanks for calling this out. Yes, healthcare costs are going to be high. If it becomes unaffordable, will probably move back to Canada/India.

 

Do they need to be or not be my dependent on my tax return to be able to buy insurance on ACA Marketplace?

[jamburger 5]

2 hours ago, milimelo said:

Probably best to remain in Canada and visit US as snow birds (6 months). 

This is interesting. How to snow birds deal with health care needs when they are in US? Practically no health insurance unless one is US citizen/green card holder. If snow birds typically do get US GC, won't they lose their health coverage in Canada if they stay 6 months in US (minimum stay to keep GC valid)?

Edited May 3, 2020 by jamburger

[jamburger 5]

Thanks everyone for the responses so far. This is super helpful!

[Boiler 45,657]

They need to be Resident in the US, well a particular State to buy through that State Exchange. Last time I looked assuming they are in reasonable health in my State they would need to budget $25,000. After 5 years as LPR's they can buy into Medicare, which may not be much cheaper.

 

Obviously need to consider the Canadian/US tax implications, I know it can be complicated and then add India into the equation possibly.