nquery

HELP! Car Import!! We are working on importing Marc's car and are running into problems. It is a 2011 Hyundai and meets all Canadian standards, but we need a letter stating it meets all AMERICAN standards. Hyundai Canada refuses to add US compliance to their letter. Anyone in same situation?

Also tag expired and we cannot get a new one so he is car-less until all this is taken care of!!

Yes I have a similar issue. I got a letter of non-compliance from VW USA because my Canadian 2010 VW GTI does not have TPMS (tire pressure monitoring system) enabled. All new cars since 2008 require it in the US. I can re-enable it and add the reset button for about $100 but I would still need to get a registered importer (RI) to certify it and that costs a ton of $ and a long time.

In short, if you can't get a compliance letter then it's pretty much impossible ... or go the local POE inland, play dumb, claim it's compliant (i.e. it has the FMVSS sticker), and hope the CBP is not doing his job, doesn't check, and signs your form ...

Does the car has to be in used by importer for more than a year otherwise pay 2.5% duty on it?

Depends on where it was made. If in N. America then there is no duty due to NAFTA. Otherwise yes it's around 2.5% (the first $1000 in value has a different formula, the rest is 2.5% http://www.cbp.gov/xp/cgov/trade/basic_trade/importing_car.xml#DutiableEntry).

I have a 2010 VW GTI that I cannot import to the states. I don't have the FMVSS sticker on my car and VW America sent me a very formal *non* compliance letter stating that I meet everything except for a new FMVSS rule that requires tire pressure monitoring sensors (TPMS) on all new cars since 2008. The joke is that it's a software based system that has been disabled on the canadian models to save VW $5 along with a missing reset button (another $5). I can retrofit the reset button get the engine software changed in about 2 minutes ... for about $100 all in. However, it doesn't matter because unless you can get the compliance letter from the manufacturer, (and no FMVSS sticker), then you have to get a registered importer (RI) to certify that the car meets all FMVSS. The process is long and expensive and simply not worth it. Really really annoying.

It sounds like the CBP guy didn't do his job and verify that the FMVSS sticker was on GitmeOutaHere's car, even though it was legit. I suppose you could play dumb, claim that the car has the sticker, and hope that your CBP guy also doesn't check. And end up with your signed HS-7 form which is what you need to import your vehicle. Maybe I should just do that ...

I don't think my child acquired citizenship through his father at birth because he was born out of wedlock. So I think we have to file for the n600 or just set up an appointment here in Canada for the crba . Our child was born in Ontario but Vancouver is somewhere that we both can get to fairly easy . I know it isn't about convenience when it comes to these forms but I wonder if it is at All possible to file for the crba there instead of the toronto or Ottawa consulate

Yes there is a consulate in Vancouver and you have to make the appointment online. I just did a CRBA and passport this morning for our newborn.

Another reason we went with RBC is Canadian banks are the most stable in the world. (They weren't eligible for the TARP bailout and even if they were, RBC didn't need it.) We fall under Canadian banking laws, which are still regulated. No need to worry if our bank is going to go out of business over night.

fyi, while Royal Bank of Canada is of course a Canadian bank, RBC Bank USA is *not* a Canadian bank and falls completely under US/FDIC laws, not Canadian laws. It is simply owned by Royal Bank of Canada and allows for some convenient electronic transfers between the two and also allows one to use Canadian credit history (and is now entirely devoted to canadian clients working/living in the US). But putting your stateside money in RBC Bank USA is not any safer than using any other US based bank.

I'm shocked. Our waybill just appeared on visa-info and it is sitting at the local DHL facility this morning. Next day.

yeah mine is there now too. i guess they do them in batches. congrats.

So could we potentially get the package faster by just going into the DHL office the next day rather than opting for home delivery?

I believe so but best to read the instructions for home delivery on the site - they are quite thorough.

So we should be watching for an email then? Do they send it to both emails or just the beneficiary?

We want to up grade to home delivery. Also wondering if we can also upgrade to an expedited delivery service.

Loomis will send an email to whatever address is set on the csc site (click edit next to your name on the applicant summary page). To get home delivery you click the link further down. There is no expedited delivery - loomis/dhl already sends it overnight from montreal to your local branch.

when did your waybill number appear on http://usvisa-info.com ?

Thanks.

It still hasn't appeared on there. Standard practice these days from what others have said.

I received my email notification from loomis(dhl) this am. looks like the visa was processed and handed over to Loomis last thursday. So that was 5 business days to process as per what they say. It would appear that its been at the local loomis branch since last friday so not sure why I just got the email and why it says its not ready for pickup yet. Oh well, all good.

still nothing showing up on the CSC site...who can we contact??

I think one has to email via Montreal-IV-DV@state.gov. It's either that or calling one of the DOS (?) numbers stateside I suppose - but i don't think they have tracking info for cases that were processed only within Canada.

Before I fully understood the timeframe and process of the return of her passport by DHL Canada, I booked us both a flight home to the US this weekend. So now wondering whether it will arrive by Friday. Not likely but not impossible either.

I had my IR-1 approved in Montreal on Jan 26th and still haven't heard anything. One other person who had their K-1 approved on the 26th still hasn't heard anything yet either. That's 7 business days so far. I don't know of any others who have or have not received their passports back since then so it's hard to say, but I would agree that yes it seems unlikely that you will get your passport back by Friday.

we have read the notes provided with the form and proving intent to reestablish domicile for NVC and the I-864 is not a problem, but from reading this thread it is clear that in the past Montreal has interpreted the domicile issue much more stringently than other consulates. You posted about your recent experience and I was hoping that others in similar situation would post their experiences.

Sorry, but your posts are confusing - "We have all the evidence for reestablishing domicile apart from an address in the US ... ". So you had an address on the application and you say that you have all the evidence required but then say 'apart from an address' and that it would be impossible to get a lease or agreement or something at an address. As others who followed up also ask, where you do plan to stay once immigrating? Is the address you have just a PO Box or hotel or something similar? Again, it would be very helpful for your interview if you could get proof that you have a real residence lined up to lay your head down each night once in the US ...

As per the procedural notes that the consular officers use when adjudicating re-establishing domicile, you will likely need to show proof that you have established an address at which you can reside ... see a.(4) "a house, an apartment, or arrangements for accommodations with family or friend". Things like jobs and money movement and such are important as proof that you will actually move to said address that has been established - see part b below -, but are somewhat moot without first having the residence set up. Hope this helps.

9 FAM 40.41 N6.1-2 Establishing U.S. Domicile

a. A petitioner living abroad not meeting the criteria in 9 FAM 40.41 N6.1-1 who wishes to qualify as a sponsor must satisfy you:

(1) That he or she has taken steps to establish a domicile in the United States;

(2) That he or she has either already taken up physical residence in the United States or will do so concurrently with the applicant;

(3) The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must at least arrive in the United States concurrently with the applicant;

(4) The sponsor must establish an address (a house, an apartment, or arrangements for accommodations with family or friend) and either must have already taken up physical residence in the United States; or

(5) Must at a minimum to satisfy you that he or she intends to take up residence there no later than the time of the applicant’s immigration to the United States.

b. Although there is no time frame for the resident to establish residence, you must be satisfied that the sponsor has, in fact, taken up principal residence in the United States. Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant may include the following:

(1) Opening a bank account;

(2) Transferring funds to the United States;

(3) Making investments in the United States;

(4) Seeking employment in the United States;

(5) Registering children in U.S. schools;

(6) Applying for a Social Security number; and

(7) Voting in local, State, or Federal elections.

c. If a petitioner cannot satisfy the domicile requirement, the petitioner fails to qualify as a ―sponsor‖ for the purposes of submitting Form I-864, and a joint sponsor cannot be accepted and the applicant must be refused pursuant to INA 212(a)(4).

I was C-1 - first in line! maybe they are just a little slow right now...glad that yours got approved too - congrats! hoping to hear something today!

Ah yes, Columbus Keep me posted via this thread when/if you hear something and I will do likewise! Today is 7 business days so something should give soon.

should i be worried? my k-1 visa was approve thursday jan 26th and is supposed to be delivered to the DHL brampton location..when i log onto csc there is still no waybill number....can anyone please help me out!?!??!

Hi,

Did you have your interview in Montreal? I got my IR-1 visa approved in Montreal on the 26th as well and I too have not heard anything back. What was your ticket number/position in line that day? (I was C-2 and second in line). I am going to give it one more day before emailing them.

That wouldn't be easy for us to do.

An address isn't a problem we had to put one on the initial application but reading all the posts on here about how picky Montreal has been about domicile I was asking for people's recent experiences.

Fair enough - one obviously needs some sort of address for the application. I was just suggesting that you might want to try and provide some evidence that you are actually *moving* to that address. Thats what they are looking for - see the section under Domicile in the folllowing notes from the manual that the CO uses to process your I-864. http://www.state.gov/documents/organization/86988.pdf.

Good luck.

I would strongly suggest having an address in the US, even if it's just a signed lease agreement for $50/mo with friends or family. This is the primary thing they need for domicile - an address Where are you going to get the green card sent to stateside without an address? And when they ask where are you moving where do you tell them without an address???

thank you for this info it is very helpful. Because the posts came to an abrupt end I didn't know if it was still a problem. (There could have been a few reasons why people stopped posting.) We have all the evidence for reestablishing domicile apart from an address in the US and we really don't want the expense of two homes if we can help it.

FYI, we submitted via DCF and I had my IR-1 interview in Montreal today. I was very worried about the domicile issue as my wife (the USC) became a canadian PR 18 months ago and has been living here since then. I had prepared a stack of evidence for re-establishing domicile but in the end they never even asked for the actual evidence itself! I don't know if they even read the itemized list that I attached to the back of the I-864 or if that was sufficient or what, but the entire interview lasted all of 90 seconds. 1) How did you meet, 2) what are plans to move to the states and 3) what do you for work. That was it. Crazy. I won't ever know the reason that they didn't even bring it up, but at least in this case domicility was not a big deal (or my itemized list was convincing enough).

The other thing to note is that the threads on here from people getting denied for domicile seemed to come to an abrupt end a year ago. So maybe they have loosened up since ...

good luck.

I don't know how Montreal is at all except for what I read here (seems like no picnic in the park).

Get a letter from your husband's employer stating that he is working in calgary until x date and will move to the US office on y date.

Though, maybe someone here has a better answer and can chime in?

Good luck!

You do have another option, though. Do you have a NEXUS pass?

I don't have one but that's a good idea.

I'm one of the people who entered the US with the visa in my passport and requested not to have it endorsed. I just explained that I would be using it at a later date as I had a house to sell and a job to resign from. That was at the Buffalo/Fort Erie Peace Bridge. As Flames says..... your mileage may vary.

You also have the option of delaying your interview, and/or explaining the circumstances to the Consulate Officer and requesting the visa not to be issued until a later date. This will involve sending in your passport when you're ready to leave, but it also means a delay as Montreal is still dealing with a severe backlog.

Thanks Krikit! That's all I needed to hear - sounds like there is no 'requirement' that one must use the visa if it's in the PP.

Others have done it successfully, BUT it comes down to 1 thing---the POE officer, simple as that.

What if I forgot to bring the sealed package? They either have to send me home or let me in as a regular visiting Canadian I would assume. Note that I have been able to cross many times while married to my USC wife, have a high salaried job, etc, and haven't otherwise ever had any issues with CBP.

Hi,

First time poster here. I am a Canadian Citizen, my wife is a USC/Canadian PR. We did DCF in Vancouver in April. I anticipate having the interview in Montreal sometime this summer/fall. I don't want to actually immigrate and move to the US using the immigrant visa package until after Dec 31 so that we will have been married 2 years and I can get a full 10-year unconditional Green Card.

The thing is, we like to travel/visit back and forth across the border a lot, and I am planning to go to Hawaii in November. Will I be able to go through a POE just as a regular touristing/visiting (no visa required) Canadian and hold off on immigrating until a later time (which of course has to be within 6 months of the IV being issued) , even though I have the IV approved and the visa in my PP???? Or will the CBP agent say that I have no choice and if I am entering the US with the IV stamp in my passport I must immigrate at that time? i.e. can I delay the actual immigration??

Any experience/thoughts would be helpful. If I find that I conclusively cannot enter as a regular visitor without using the IV stamp then I may delay the interview. I could use my British PP but I am sure that could be seen as being evasive ....

Thanks!

Christian