Family One

It is definitely possible to get your green card even if the visa is not stamped (that happened to me in July). The border agent had insisted that he was entering me on a B-2 visitor visa. Then I received some mail, the SSN and later the green card after the immigrant fee was paid. When I returned later to the same border for official immigration, they had head scratching to do. They stamped the passport and told me the date the passport was stamped was my official immigration date. However, the green card still has the earlier date. I hope that won't cause headache down the road, but I have no idea how to correct it.

The USCIS immigrant fee needs to be paid before the green card will be mailed. You do not need to pay it before crossing. If you do not pay, it will not hinder you from getting your visa stamped, and it will not hinder you from getting your SSN. However, YOUR GREEN CARD WILL NOT BE MAILED UNTIL THE IMMIGRANT FEE HAS BEEN PAID.

The immigrating spouse will be treated as an immigrant. Any other accompanying persons will be treated on their own merit. If they are trying to cross legally for legitimate purposes, they will not hinder the process. The border agent should ask if you are importing the vehicle. There are no wrong answers. "No," "Yes," "Later," or "Maybe someday" are all correct responses, and the agent will proceed accordingly.

Not sure what you are asking with your question. When applying for a visa, either IR-1 or CR-1, the US citizen spouse is always the main sponsor. Even if you add joint sponsors or use assets, the spouse remains the main sponsor. Your spouse as the main sponsor doesn't change regardless of changing financial situations.

Rest easy! That's the way it's done now.

That sounds exactly like my situation, and the border agents sure messed things up! I entered US a month before the visa expiry. It took awhile at the border, but finally I was allowed to enter with the assurance that I was entering on a B-2 (visitor) visa. All was well, until I started receiving things in the mail. First SSN. Then green card. When I went back to officially enter as a permanent resident and get the visa stamped, they were sure stumped. Apparently, the computer had already admitted me as a permanent resident. Thankfully it was the same border agents who remembered me. They said it was all fixed up in the system now, but I'm not too sure. My visa is stamped on Aug 23. My green card is dated sometime in July. Looks like potential for trouble somewhere in the future.

Get a transcript if possible. If you don't have enough time to get a transcript, you probably have some confirmation that the 1040 was actually e-filed instead of a signature.

221g is NOT the same as DS-5535. 221g can be resolved in 5 or 6 weeks if you are prompt in sending the missing document(s). DS-5535 seems to be a bottomless pit with no logical explanation, according to those with experience. The interviewing officer can make a decision on your case before you even talk to him, using only the documents previously uploaded. And if the 221g involves your financial situation, unfortunately it is impossible to have a "foolproof" application going into the interview. It's a judgement call for the officer, and sometimes the judgement is not what we had hoped.

Please be aware that the interviewing officer is able to completely disregard your assets, and require a joint sponsor if he chooses. In our case, we had a chequing account with way over the minimum requirement of cash, as well as $X00,000 in Canadian real estate which could be easily sold. However, at the interview the assets were rejected entirely, with the excuse that all assets needed to be on American soil. We found a simple solution, transferring money to an American bank, but it delayed the visa by several months. You asked for advice, so there you have it. With assets, you can never be completely sure your case is leak-proof until the interviewing officer sinks it.

It would be nice if they would inform all CBP agents when they make such a change. I crossed in July for a visit, and they told me I was crossing on a B2, and to come back when I was ready to cross on the IR-1. When I returned in August to cross on the IR-1, they realized the computer had defaulted to the IR-1 on the previous crossing, even though the visa was not stamped. What a mess! Luckily it was the same border crossing and the same CBP agents. So after a looong wait, they eventually did the stamp, a nice black-and-white proof that it was they that messed up, and not me.

Actually, as the OP, I am concerned about every aspect of this impossible puzzle. It has become impossible to speak to a human at RAMQ (Quebec healthcare). The IRS agents I contact know nothing more than I can read myself on the IRS website. I am scrambling to find some solid ground so we can make informed decisions, and at the basis of all government dealings is the question, "where is each member of our family a deemed resident?" That is a question that must be established so we know how to answer all the other questions. And what are the conditions that flip the residency from Canada to USA for each member of the family?

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.

Child is dual citizen (American/Canadian).

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).

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

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.

If you have received the message that you are documentarily qualified, you are in the queue. Any other documents you submit are for the sake of the interviewing consular officer. And yes, do upload any documents you want the officer to see during the interview. Your place in the queue will not be jeopardized. If you get a FE case review notice about your weak income, get a joint sponsor if possible. Make your case as strong as possible if you are serious about immigrating.

When you become Documentarily Qualified, you maintain your place in the queue until the interview. Any additional documents submitted before the interview are for the benefit of the Consular Officer who will interview you, not for the NVC.

I should specify: -When you become a US citizen, you should enter USA as an American. You still enter Canada as a Canadian, residing in USA.

- You should always enter Canada as a Canadian (even if you are a USA resident or citizen). You probably don't even need a passport at a land border, just a birth certificate and drivers license. - When you become a US citizen, you should always enter with the document proving your US citizenship.

Answer all questions honestly. Technically, you are a landed permanent resident of USA visiting Canada. And you can stay in Canada as long as you want without the Canadian border agents giving you any trouble. You have a legal right to cross both ways, so unless you are carrying piles of money or some contraband, they have no reason to give you a hassle. And there is no penalty in telling the border agent you don't know how to answer his question because you are transitioning from a resident of Canada to a resident of USA. The day I got my IR-1 endorsed and returned immediately to Canada, the Canadian agent asked where I lived. I told him I didn't know where I lived since I had just become a LPR of USA 10 minutes ago. So he asked where I payed taxes. I told him I didn't know where I payed taxes the day of endorsement. Really, he didn't even care what I answered. He was just going through his rote questions.

What about the sponsoring spouse and the children? Since we will all still be in Canada for a while

After receiving IR-1: When does the IMMIGRATING SPOUSE no longer have provincial health coverage? (Aug 22 or Aug 23?) When does the US CITIZEN SPOUSE no longer have provincial health coverage? (same as immigrating spouse or date of physical relocation?) When do the CHILDREN no longer have provincial health coverage? --Using the following dates-- Currently resident in Canada Aug. 22, 2022 - Endorse IR-1 (I-551) Nov. 10, 2022 - Physically move to US as a family It's insane trying to communicate with RAMQ (Quebec). The waiting list is currently 20 days to ask a simple question.

I have not paid the Immigration Fee, and it is absolutely necessary that I am not deemed a US resident for at least two weeks yet, for reasons too complicated to explain. Therefore I chose to enter on B-2 instead of IR-1. Do I need to contact the CBP to correct something now, even though I don't want the I-551 stamp for two more weeks?

They took 45 minutes to figure out how to enter me as B-2 instead of LPR, but in the end they confirmed that I was entering on a B-2, although as a Canadian, they didn't put anything in the passport.