acidrain

6 hours ago, mam521 said:

The US petitioner should have established domicile prior to the DS-260 approval.  Montreal is pretty strict about it, too. You have a year to go back and get your stuff to move it, if need be.  

 

The current issue is people having their medical, but the lab work doesn't come back before their interview because the labs are so backed up with covid testing.  Because the medical hasn't been sent to the consulate, the beneficiary gets stuck in AP for an extended period of time, leaving a much smaller window to pack up and get outta dodge.  A person on the IR/CR forum waited 108 days I believe it was for their medical to be viewed and approved by the consulate and the visa issued.  

The permanent resident not the US petitioner needs to establish domicile upon receipt of the green card. It's true Montreal is strict on Domicile requirements but it still doesn't mean some green card holders drag out the process of permanently moving to the US. It's one thing to activate the green card with the intent on moving the rest of your stuff shortly after. Where it becomes a problem is if the green card holder hangs out in Canada for several months. They are risking losing their green card altogether.

This situation has been well documented through these forums and also on the tv show Border Security. One of the conditions of being a green card holder is you become a permanent resident of the US. The border keeps detailed records of your comings and goings. I've seen it where people think a green card is a glorified tourist visa where they can spend as much time in Canada as they want. The US for whatever reason takes residency requirements very seriously.

That's interesting about the medical exam as I was able to complete mine just before my interview. IMO they really need to come up with an adequate DCF option for Canada.

46 minutes ago, Idlewild said:

This is excellent content, thank you @acidrain.  It seems like a lot of people on here go the UHaul route, although I'm really thinking about using a moving company as we have a lot of things.  What you're saying about having the Green Card in-hand before moving makes sense.  Did you put any dollar value on the "manifest" you created? 

It really depends on where you live as to what your options are. I looked into "pods" where you load up a container and they deliver it to your house. Unfortunately that option was only available for those living in big cities like Vancouver, Calgary, Toronto, Montreal, etc. That may have changed but that is one way to save money. 

I looked into hiring movers but it was double the cost of renting a U-haul. Even with my spouse taking 3 days off without pay still saved us a couple thousand dollars. My biggest suggestion is to purge as much as you can before you move. If you hire a mover it's probably going to cost close to $2 a pound. The further the distance the more it will cost regardless of how you move your goods.

No dollar value was necessary as you can transport as much as you want across the border as long as they are household goods. If you have a vehicle coming from Canada you will need to import it and I believe pay taxes. We sold our car to the dealership cause it was just too much of a hassle. 

Long story short is I have some experience in this area. It's ultimately up to the border agent as to whether they will allow goods to cross the border without both spouses being present. I looked into a moving company and thought about sending our stuff down before I got my IR-1. The moving company said don't do it. A lot of times they will just impound your stuff until the person gets the visa. The way it was explained was they don't want to help facilitate a possible illegal immigration situation (if the visa gets denied) and the goods may not be duty free for the non PR. 

However, on our first attempt driving down a U-haul to the border the agent said my spouse, son and stuff could go but not me. So it might depend on who you get. I've met quite a few Canadians in Vegas who showed up at the border with a truck full of stuff and no visa, told the border what they were doing and had no problem getting through. I honestly think it just depends on what border agent you get.

Once I got my IR-1 we drove down a U-haul. I labeled every single box  with a white sheet and short description (dishes, fan, bedding, etc). I gave the dossier when I checked in. They said they really appreciated it and it makes things go a lot smoother. The agent took a look at the list and asked about my spouses large tools to make sure we weren't trying to sell them. It felt like so much went wrong through our immigration process. However, we drove across and I kid you not the whole process less than 20 minutes. 

I don't think border agents are concerned with whether your stuff is accompanying you the first time the PR enters. The main thing is the PR does get around to moving. I've heard of people delaying their move for 6 months and then have PR stripped due to lack of domicile.

I thought I would chime in. I applied Dec 2020, bio metrics in June and interviewed today (Jan 2022). I was told the oath ceremony is still being done Thursdays starting at 7am at the USCIS office. There are 4 appointments, the last one being at 4pm. The judge is still doing zoom and not at the courthouse because of covid. I was told the letters for the oath ceremony are typically received 3-5 weeks after the interview. I was also told the actual oath ceremony lasts only about 10 minutes.

The interview itself the questions appeared to be random. I have to say it feels really weird to think of this process being over. It was 5 years ago I started my own Visa Journey into the US from Canada. I passed the citizenship test today. For those of you wondering if you will ever get there have faith. I am so thankful for this forum and for all the advice people gave me. 

I didn't realize when I told people I get "fingered" three times a day by other drivers that it meant something a lot more sinister than it did in Canada 😝

I drive slowwwwwwwww

The stories are endless of people who've lost everything because of an unforeseen emergency. Amy Vilela who ran for Congress (Las Vegas - District 4) lost her daughter due to "lack of health insurance" (more than 45,000 Americans die each year). Her daughter went to the hospital but incorrectly said she didn't have insurance when she did. She just started a new job and didn't realize she was already covered. She was in her 20's and she did not present as "life threatening". She had a blood clot and a simple blood test would have shown that but the hospital never did the test. The blood clot got worse in the days following and she wound up in a coma and died. I can tell you many stories of others who suffered the same fate.

A simple trip to the emergency room can easily run in the tens of thousands without insurance. If you get admitted into the hospital and need surgery you easily are looking at a six figure bill. All it takes is getting in a car accident, falling down a flight of stairs or any scenario you cannot predict. Not having health insurance is like rolling the dice as to whether you lose everything including your life.

On 8/30/2019 at 6:10 PM, Catseal said:

Hands down the car culture.😩

Yes! I moved to Vegas and the people down here drive like maniacs but will wait over an hour for a Popeye's sandwich 😝

I was a frequent poster a couple of years ago and got the dreaded Nebraska Service Center too.

I feel lucky as it appears it takes over a year for Nebraska to approve an i-130 whereas back when mine was processed (Oct 17) was 10 months.

I brought up the issue about the lack of consistency between service centers to the heads of USCIS. I emailed, I wrote letters, other people raised the issue too but nothing was done. I'm astounded this issue has actually gotten worse.

On 8/19/2019 at 9:50 AM, RCable said:

My husband is getting ready to list his house in Canada and wants all of his stuff out for staging. Is it possible for him to send his belongings down to me before he has his visa? 

 

Also, can anyone recommend any good moving companies? He's just moving some boxes and he's been quoted $5000+, which seems crazy as I once moved from London to the US for $800.

 

Thanks in advance!

I contacted a professional shipping company and spoke to a woman who had done cross border shipping for over 20 years.

She told me the rules are very clear. If I sent boxes that were solely for the US Citizen and was not my own stuff (Canadian) it was okay. Everything had to be properly labeled. I could not have any "mixed" household items.

She said the chances of a larger shipment being seized were extremely high. She advised to wait until we had our visa as you have to pay for storage at the border if your shipment gets seized. You will also pay for movers twice as they aren't going to ship for free.

I wound up submitting our tax returns on CEAC and then brought in transcripts to the interview. They took copies at the interview of the transcripts and didn't have any problems whatsoever.

37 minutes ago, Boiler said:

Very Consulate specific, best to review postings from those who have gone before you and what was expected of them.

I interviewed in Montreal 9 months ago. The interviewer told me the number one reason visas are denied is because of lack of domicile. My spouse was working in the US, owned a house, got a drivers license, opened a bank account, etc. With separating the family for more than a year the consulate had absolutely no question we were committed to living in the US. They even said so.

There is no one size fits all formula. One person might get approved with the same evidence another gets denied with. It's very hard to predict.

I am merely saying if you were the interviewer and had no idea about the persons character, would you give a person a green card based on signing a lease and opening a bank account? 

2 hours ago, Loois said:

In your opinion, would a lease + US bank account in my name suffice, or do I need to go down and hang out there prior to the interview? 

I tried my best before my interview to put myself in the consulates shoes. If you had to decide whether someone has strong ties to the US would you feel a lease and a bank account is enough proof?

On 9/27/2018 at 8:36 PM, HiFi21 said:

How long did it take you to get your son's passport? And did you have to provide any proof he was residing with your husband in the US?

Sorry for such a delayed response. I am not on here as often as I was before.

It took more than 4 months to sort everything out. There was a person assigned to my case from the Department of State. At least I was able to call him directly unlike my experience with USCIS.

There was a question as to whether my husband had custody of my son while we were living in Canada. He said something to the effect my son had to be in the citizens physical custody for the last 2 years. I explained what happened when we were detained by customs and told to complete the immigration process abroad. It became a bit of a grey issue because by legal terms we were separated even though we weren't broken up. I told him it was illegal to cross the border with the intent to immigrate therefore I had to stay in Canada to wait for my green card. In any case the agent said he'd go back to his supervisor and ask what to do. My son's passport was approved and sent out the same day and we got it about 2 days after that.

I'm not sure how Visa's are issued in India after the interview. My visa came through courier and took longer than I expected. I was put into general administrative processing for a week and a half. Not sure if it was for security checks or something on my file but it took a little longer than I expected. My son on the other hand had his visa in hand 2 days after the interview. You never know how things will unfold and like what others have already mentioned I would be careful about making any firm commitments.

I completed my spouse's return and used Turbo Tax. It asked a series of questions as to whether we had moved and when. Turbo Tax was able to figure out my spouse's worldwide income. The tax treaty makes it so you don't have to pay taxes twice to both Governments. The key is to report it as worldwide income and not as Canadian income. We sent a paper copy attached with a letter explaining our circumstances to an address specifically for non resident returns. It was processed without issue but it took them a little longer than normal to finalize it.

You can always speak to a tax accountant who is more familiar with specific cases if in doubt.

On 8/30/2018 at 1:07 PM, MtnBoarder said:

Well I read the other post correctly it’s 52 days from the case complete and then3 weeks, or so, for the interview. So approx 73 days from cc to embassy complete. 

 

Also, anyone know what the date is that Montreal gives out the appointments? Did it just happen? Or is it early in the month? Anyone know with certainty?

These are averages and they can be more or less. When I was waiting for my interview I was going out of my mind and compiled stats which showed the average time from NVC case complete (documentarily qualified) to interview was about 52 days. You might get your appointment date right away if there are slots available or you may have to wait up to a month. Nobody can say for sure how long after you get your appointment date when your interview will be.

For IR1/CR1 cases most interviews I noticed were held after the 12th of the month (or second Monday - starting on Tuesday). I have seen some variation in the past though. I'm guessing it depends on staffing issues and the needs of the consulate.

In terms of exactly when the NVC is given appointment dates from Montreal I could never get a firm answer. NVC agents told me they just get a random message telling them what slots are available. NVC then schedules the interviews starting with the first case complete date (not NOA1/NOA2 date) until all appointments are filled. You are sent an email from NVC telling you what date and time your interview is.

My spouse is a dual citizen who hadn't lived in the US since he was a child. He moved to the US ahead of our son and I. He got a job, apartment, drivers license and caught up on all his taxes. All this evidence was needed at the interview.

I would look up proof of domicile and go through the steps to show your spouse has established ties. This isn't something you can normally do through the internet. How does your spouse plan on financially supporting you and filling out the i864?

There is no direct way to contact the consulate for a general enquiry. My passport was lost for several days and Canada Post gave me a phone #. Unfortunately it takes you in circles. I looked for any way to get a hold of the consulate. There are some creative ways but I can tell you they do not take kindly trying to get a hold of them unless it's an absolute emergency. Fortunately my passport showed up and I didn't need to cancel my visa and passport.

I was in general AP (background check) for a couple of weeks. I noticed after they returned my email message they touched my case as there was an update on CEAC (date was changed). Shortly after they issued my passport.

I think generally they peak at your case after you make an enquiry. Montreal is known to get a little snarky if you put up too much of a stink about it taking too long. I've seen a few people on VJ make a congressional enquiry through a Senators office. While in BC I used Patty Murray - US Senator to deal with my spouse's SSN application. I think it would be reasonable to ask what is going on with your case but you may get the same response through the Senators office as you did via email.

I totally feel for what you are doing through. At the interview I was told I'd get my pp back in 3 days. I gave notice to my landlord and then AP happened along with Canada Post temporarily losing my passport. Fortunately I was able to extend my lease as they hadn't found another tenant. It's very stressful waiting for a decision like that. Good luck.

I waited a month to get my appointment and called NVC numerous times. You feel so close to the finish line but you aren't quite there yet. NVC told me they get appointments from Montreal once a month and then schedule them all at once. I noticed another person waiting on VJ got their interview date within an hour of mine. I think if there are available appointments after initial scheduling a person might sneak in. I'm not sure when the cut off mark is though for the following month.

NVC starts with the first case complete date and then book appointments until they run out. If there aren't enough appointments the person has to wait for the following month. I must have missed the cut off but the good news was my appointment was only 3 weeks after I got it. On average it's around 52 days from case complete to when you get your interview.

3 minutes ago, MariahK said:

I went and got the name based one today, it will take at least two weeks to get it back.. if not longer  I live in a rural town so they have to process it in another city. I so wish I could get mine done in a day, if it takes longer than two weeks it will push back everything. 

Fingers crossed.

We showed up at a land crossing with a U-haul in tow. We had an entire household worth of effects that filled a 20 foot truck.

The only question my spouse got asked was whether his tools were for his use or somebody else.

We were not charged anything for bringing these items across.

I went to the local RCMP detachment in Kelowna and they just ran my name through the federal database. I told them it was for immigration and they gave me 2 copies with it being embossed (that special stamp). It was accepted at the interview no problem.

You can try your local police detachment but some cities or towns take longer than others. I was fortunate I got mine completed the same day I went in.

I booked an extra day or two for traveling in February where blizzards ground planes. This time of year there wouldn't be as much to worry about. I tend to get paranoid and there was no way after waiting 13 months for our IR1/IR2 I was going to miss our interview. The extra couple days were not needed. I stayed in a Air BnB to keep the cost down that included a little kitchenette.

Montreal is a beautiful city and if you can get the opportunity to check it out why not? I lived in BC most of my life so I figured there wouldn't be many opportunities to experience it again. My 5 year old son loved Montreal so much he refused to get on the plane when it was time to leave.

There are many stories where people flew in the day of their interview and there were no problems. I did a lot of flying back and forth to Vegas while waiting for my IR-1. A couple of times I had flights cancel or get delayed. Keep in mind anything can happen with that regard and there is no predicting it.

2 hours ago, bobbyapache said:

How about taxes?  US citizen needs to file/pay taxes no matter where the money is earned.  How about Canada?

In most cases if you are living outside of Canada you don't need to file taxes.

However some investments require a Canadian to continue to file income tax such as if you own property and are renting it out. You also have to pay capital gains if you decide to sell the property if you are a non resident. So it really depends.

I submitted an i-130 but I went to a Canadian bank and got a US money order drafted up and it was okay. I submitted the fee with the package.