Medical insurance - Child diagnosed with cancer 2 days after endorsing IR-1 visa

[Family One 47]

Our child was diagnosed with cancer a few days after endorsing the IR-1 visa.  We are still in Canada, and our child is facing two years of treatment, so there is no possible way to move with such a sick child in the foreseeable months or maybe years.  We need some answers on what to expect on multiple fronts.

 

Concerning the visa: I believe that we can get a reentry permit which will allow us to be physically absent from USA for up to two years without jeopardizing the visa.  I would not want to abuse that option, but I don't see any other viable way.  Can someone confirm?

 

Concerning where I (the immigrating spouse) am a resident for income tax purposes:  I believe the laws are clear in both Canada and the USA.  I am officially a resident of USA, visiting Canada.  Or does someone know of some exception for unforeseen tragedies?

 

Concerning where my wife (USC spouse) is resident for income tax purposes:  I have not been able to find an IRS agent who can answer this question.  Revenue Canada agents have told me that she remains a resident of Canada until the day she physical relocates, regardless of where her LPR spouse is considered a resident.  Since it is an IR-1 visa instead of CR-1, I believe that her actions or country of residence are in no way tied to the visa of her immigrating spouse after the visa is issued (except, of course, for financial support, which isn't a question in our case).  It seems that no one can answer my questions with any authority, yet the answer will have profound consequences. There are child tax credits, GST credits, medical bills, etc. which are all tied to our country of residence.  If we start out wrong, the tangle will only get worse.

 

Thanks for all your help.  I have learned to really respect the wealth of support on VJ.

Edited September 1, 2022 by Family One

[Boiler 43,450]

I would assume the best bet is to stay in Canada and postpone any US move, the immigrant visa's are good for 6 months from the date of the medical and will then expire.

 

If the future allows you to consider moving to the US then you can start the process again.

 

Good luck

Edited September 1, 2022 by Boiler

[canadian_wife 1,791]

Once the move to the US,  they will be US residents and no longer eligible for Canadian Health Care.

 

Postpone the trip.

 

Good luck 

[Family One 47]

32 minutes ago, Boiler said:

I would assume the best bet is to stay in Canada and postpone any US move, the immigrant visa's are good for 6 months from the date of the medical and will then expire.

 

If the future allows you to consider moving to the US then you can start the process again.

 

9 minutes ago, canadian_wife said:

Once the move to the US,  they will be US residents and no longer eligible for Canadian Health Care.

 

Postpone the trip.

The visa is already endorsed, so I am officially a LPR of the US. 

[Boiler 43,450]

What do you mean by endorsed, I 551 stamp on entry?

[Family One 47]

8 minutes ago, Boiler said:

What do you mean by endorsed, I 551 stamp on entry?

That's correct.  I postponed as long as possible and got it endorsed on the date of expiration and turned right back to be with our child in the hospital. (without imagining the possible diagnosis).

 

Edited September 1, 2022 by Family One

[canadian_wife 1,791]

Did your child immigrate too?

[Family One 47]

53 minutes ago, canadian_wife said:

Did your child immigrate too?

Child is dual citizen (American/Canadian).

 

 

[Boiler 43,450]

So your child is not moving? And you will?

[Family One 47]

Nobody is physically leaving Canada until the health situation has stabilized sufficiently.  But there are complicated rules about where a person is a deemed resident, and I don't know which authority can answer that question without someone higher up on the ladder overriding their decision months or years later, and having a $1,500,000 medical bill to pay years later.

[JlovesA 109]

Family One, I think you're probably better off speaking with an immigration lawyer. This situation is uncommon and people here are having difficulty just understanding the question (judging by the other responses here).

 

Best of luck to you during this stressful time. I will be rooting for your child. 

[Boiler 43,450]

I think the OP is more focused on the child maintaining Canadian health care

[Kai G. Llewellyn 822]

The opinion on the forum is that Canadian health care automatically terminates when becoming a LPR. Though I've indicated here several times in the past that I'm unconvinced that is the case, mostly in that Provinces are not privy to US immigration information. Indeed BC confirmed I'm still on MSP here, I haven't bothered cancelling it although I don't use it at all. This was mostly out of laziness, and also testing out my theory. I'm waiting to see if they will eventually send me a letter saying I'm no longer covered given my time outside of Canada.

 

Provinces will use a variety of criteria to determine if someone is a resident of a province, such as primary home, place of employment, centre of vital interests, social and financial ties. So if you're maintaining all of that, I don't see your province deeming you a non-resident. You'll probably need to continue filing taxes as a Canadian resident, and declare residency of a province. I don't see issues continuing with Canadian health care on that basis.

 

You can try returning to the US with your existing LPR status in the future when you are ready to move, but be prepared to answer questions to CBP regarding your intentions. You may face a NTA and potentially an immigration court case over whether your residency was abandoned. If you don't want to have your status in limbo, you may find it prudent to abandon your status officially, start again and hold the case at the NVC until you're ready to move. If you're going to be out at least two years, this may be your best option.

Edited September 3, 2022 by Kai G. Llewellyn

[lemurianelf 14]

Where is this belief that you lose coverage the moment you leave come from? Did anybody read the rules? Only if you spend over 6 months in a year abroad do you end up losing it and that's  only on renewal. If you do use canadian healthcare living abroad, and the govt finds out, they will go after you for the incurred costs. Probably would be cheaper anyway than medical in the US but I'm not sure.

 

I know this because i lived in ontario for 1.5 years and got snagged by quebec for using quebec healthcare while living in ontario. I ended up not paying anything because i explained it was for a job. They were very understanding so calling your local provincial healthcare and see what can be done. Alternatively, your child can stay and get care in canada while youre spending over 6 months in the usa and you get a nurse to take care of them. It's not like your child has a visa issue. it's you.

[canadian_wife 1,791]

1 hour ago, lemurianelf said:

Where is this belief that you lose coverage the moment you leave come from?

Not the moment you leave.  But when you become a resident of the US you are no longer a resident of, say, Ontario.  

 

https://www.health.gov.on.ca/en/public/programs/ohip/ohipfaq_mn.aspx