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Family One

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  1. Like
    Family One got a reaction from MRJ9987 in The Big IR-1/CR-1 DQ'd Message Group (Part V)   
    You do not cease to be a resident of Canada simply because you have an active green card.  It is entirely possible to be considered a resident by both countries since they have different rules.
     
    From the US viewpoint, all citizens and green card holders are considered residents for tax purposes, regardless of where they live, even if they have never even visited the US.  This comes with certain benefits, as well as certain obligations (notably taxes).
     
    From a Canadian viewpoint, you are deemed a resident, or not, based on a variety of other factors, including physical presence, family, work, house ownership, etc.  A US green card can be a factor which tips the scale toward being a non-resident in Canada, but of itself, it is not conclusive.  You remain a dual resident until your residential ties become stronger in US than they are in Canada.
     
    I have heard much discussion to the contrary, so I submitted the official paperwork to the Canadian government for them to make a determination on my residency.  They determined that in my case, the green card alone was not sufficient to deem me a non-resident in Canada.  I would like to hear other official determinations on such matters for similar cases.
  2. Like
    Family One got a reaction from Crazy Cat in The Big IR-1/CR-1 DQ'd Message Group (Part V)   
    Form NR73 Determination of Residency Status (Leaving Canada)
  3. Like
    Family One got a reaction from tonyrako in The Big IR-1/CR-1 DQ'd Message Group (Part V)   
    Time has passed since you submitted your first documents to CEAC.  You might have more current documents for the interviewing officer, especially income tax and financial information for you or your sponsor.  If you upload to CEAC, you can be sure the officer will see it.  If you simply bring it with you to the interview, you may never get a chance to present it before the officer makes his decision.
  4. Like
    Family One got a reaction from Chancy in The Big IR-1/CR-1 DQ'd Message Group (Part V)   
    Time has passed since you submitted your first documents to CEAC.  You might have more current documents for the interviewing officer, especially income tax and financial information for you or your sponsor.  If you upload to CEAC, you can be sure the officer will see it.  If you simply bring it with you to the interview, you may never get a chance to present it before the officer makes his decision.
  5. Like
    Family One got a reaction from MRJ9987 in The Big IR-1/CR-1 DQ'd Message Group (Part V)   
    Time has passed since you submitted your first documents to CEAC.  You might have more current documents for the interviewing officer, especially income tax and financial information for you or your sponsor.  If you upload to CEAC, you can be sure the officer will see it.  If you simply bring it with you to the interview, you may never get a chance to present it before the officer makes his decision.
  6. Like
    Family One got a reaction from Chancy in The Big IR-1/CR-1 DQ'd Message Group (Part V)   
    Even if there is nothing stamped in the passport during their "visit," the officer may unknowingly trigger the "immigration." (I speak from experience)  My green card has a July date (visit), and the stamp in the passport has an August date (when I intended to immigrate).  I still haven't figured out how to correct the discrepancy.
  7. Like
    Family One got a reaction from kpmartini in The Big IR-1/CR-1 DQ'd Message Group (Part V)   
    Even if there is nothing stamped in the passport during their "visit," the officer may unknowingly trigger the "immigration." (I speak from experience)  My green card has a July date (visit), and the stamp in the passport has an August date (when I intended to immigrate).  I still haven't figured out how to correct the discrepancy.
  8. Thanks
    Family One got a reaction from thenextman in part IV, the big IR1/CR1 DQ'd message group...   
    You don't want them to "wave you through."  Make sure they send you to secondary and stamp your passport with LPR and the date.  This will serve as your temporary green card.  I have heard that not all airport customs officers are aware of this procedure.  I have no experience, though, with airport immigration.
  9. Like
    Family One got a reaction from Chancy in part IV, the big IR1/CR1 DQ'd message group...   
    There is no official requirement to update in CEAC, but if you get the right (wrong) interviewing officer, he may have made up his mind before you get a chance to hand over the documents at the interview.  If you want him to see the document, upload it ahead of time.  You've been waiting long enough; no need to take unnecessary chances.
  10. Like
    Family One got a reaction from Chancy in part IV, the big IR1/CR1 DQ'd message group...   
    The electronic I-94 is not reliable for all cases.  I don't know why, but the FOIA request is more reliable.  For me, the I-94 had record of maybe 80 crossings.  I was needing to find 700 crossings, so the FOIA was the only way.
  11. Like
    Family One got a reaction from Chancy in part IV, the big IR1/CR1 DQ'd message group...   
    The DQ process will pick out the most obvious problems with your file, but you are not home free when you reach the DQ milestone.  DQ is basically your ticket to the interview.  It does not mean that your case is bulletproof.  Your best bet is to make sure the interviewing officer has all the relevant information BEFORE you arrive at the interview.  He may have already made his decision about you before he calls you to the window for the interview.  Delays after the interview happen frequently, even though all the cases were DQ-ed.
  12. Like
    Family One got a reaction from mam521 in part IV, the big IR1/CR1 DQ'd message group...   
    The electronic I-94 is not reliable for all cases.  I don't know why, but the FOIA request is more reliable.  For me, the I-94 had record of maybe 80 crossings.  I was needing to find 700 crossings, so the FOIA was the only way.
  13. Like
    Family One got a reaction from mam521 in part IV, the big IR1/CR1 DQ'd message group...   
    I sincerely hope your travel plans are flexible.  I would give it less than 1 chance in 50 that you will have your passport by the weekend. If you got a 221g paper, even the 2-3 weeks is highly unlikely.
  14. Like
    Family One got a reaction from Idlewild in part IV, the big IR1/CR1 DQ'd message group...   
    I sincerely hope your travel plans are flexible.  I would give it less than 1 chance in 50 that you will have your passport by the weekend. If you got a 221g paper, even the 2-3 weeks is highly unlikely.
  15. Like
    Family One got a reaction from Beefybabygirl in part IV, the big IR1/CR1 DQ'd message group...   
    I sincerely hope your travel plans are flexible.  I would give it less than 1 chance in 50 that you will have your passport by the weekend. If you got a 221g paper, even the 2-3 weeks is highly unlikely.
  16. Like
    Family One got a reaction from mam521 in part IV, the big IR1/CR1 DQ'd message group...   
    What's wrong with living in Canada? I doubt you will find this audience particularly in agreement with you.  I might be wrong, but my I guess that most of us just want to live with family, while still retaining a certain fondness for Canada.  However, I hope you find your spouse's country more agreeable than you have found your own.
  17. Like
    Family One got a reaction from Chancy in part IV, the big IR1/CR1 DQ'd message group...   
    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.
  18. Like
    Family One got a reaction from mike_b2020 in part IV, the big IR1/CR1 DQ'd message group...   
    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.
  19. Thanks
    Family One got a reaction from ashley99 in i-864 and use of assets to prove income requirement   
    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.
  20. Like
    Family One got a reaction from Chancy in i-864 and use of assets to prove income requirement   
    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.
  21. Like
    Family One got a reaction from Mike E in i-864 and use of assets to prove income requirement   
    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.
  22. Thanks
    Family One reacted to Ontarkie in Medical insurance - Child diagnosed with cancer 2 days after endorsing IR-1 visa   
    Yes the moment you get your visa endorsed you declare you are no longer a resident in Canada. 
    The 6 months away thing is and  I think Ontario actually is 8 but that is for ppl in school and snowbirds. They do not actually permanently move to the US they are just visitors. They are not US residents. So they do not lose the OHIP. 
    BC is one of the few Provinces that charge a small monthly health care fee and they also charge in advance. This is why BC ppl will still have coverage after they move for the rest of the month and the following month. Most of the time you do not get a letter saying your coverage is gone. It's not until you try to use it and they send you a bill do they bother to tell you. Sometimes you find out in the ER, but most of the time it's when the bill comes in. 
     
    Family One is the immigrant here, and when he crossed and had his visa stamped, that was his declaration of his move and end to his residency in Quebec. 
    Now here is the thing, the USC spouse was supposed to cross/make the move to the US at the same time Family One did. Did she cross too? If not I'm surprised they stamped and processed the visa. 
    It is clear your precious child did not cross, so health insurance wise it should be ok. But will they turn around and say he lost his too as he can't be a resident if the parents aren't?
     
    The worse part is when you call and get the call center you don't know if the person on the other end of the line actually knows what they are talking about.
     
     Tax wise find a quick tax consultant who knows about both CND and US taxes. You should be no doubt be a non resident for tax purposes. 
     
    Sending all the positive vibes, prayers and all other good thoughts to your little one. 
  23. Sad
    Family One got a reaction from Lemonslice in Medical insurance - Child diagnosed with cancer 2 days after endorsing IR-1 visa   
    The visa is already endorsed, so I am officially a LPR of the US. 
  24. Thanks
    Family One got a reaction from JJ1008 in part IV, the big IR1/CR1 DQ'd message group...   
    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.
  25. Thanks
    Family One got a reaction from MiloPinkman in part IV, the big IR1/CR1 DQ'd message group...   
    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.
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