jedinite

Yes you have 6 months to "activate" it. At the POE you will hand over the mysterious brown envelope that u can't open! They will ask you some questions, may fingerprint you, may even take ur pic.

You want to go visit family and NOT activate it, well that is up to the POE officer.

The date the IRS considers u a resident I believe is the day you activate the visa. As well the expiratory date of your greencard will be the same date, of course a few years down the road ,lol My greencard arrived in the mail approx 1 month after the POE

The tax thing isnt that difficult, really it isn't. To exclude foreign income (Canadian) (up to a certain amount, think it is around $80,000) one fills out form 2555. To include any RRSP's its form 8891.

I entered the USA on Dec 17 2004. taxes were not that hard.

Awesome information flames! I may just activate it so I don't have the IRS breathing down my neck anyways since I did file in the US between 2001-2007. Do you have any knowledge of what I may need to do or look into for my own incorporated business in terms of taxes (I'm an independent IT Consultant), This is the primary reason I am concerned with activating my visa prior to 2009. Since my business year end will be Dec 31st it makes it pretty simple to just say anything earned personal or business in 2008 is Canadian.

How long do you have to change your residency? / When do you have to move to the US? Not that I'm trying to stay in Canada longer or anything but I have affairs to tie up before moving back to the States. Your visa expires 6 mos. after issuance, entry must occur by that date..

Is there some process that happens at the POE with your visa? Yes, you will carry a brown envelope that must be processed

So, if I go visit my wife's family before I'm ready to move back do I have to give them my envelope with my visa papers over the holidays? Or can I do that when I actually move to the States?

When does the IRS start claiming that you are a resident? Is it when you get your visa or after you "activate" it? I'm trying to file one tax return for my earnings this year, but I am not sure how it works if I get my visa before the end of the year. When you receive your greencard you will meet the test of "Resident Alien Status"

The greencard is mailed to me in the US after I enter and give them my envelope from the Embassy right? Or is the envelope considered my greencard. I want to make my taxes easy for 2008 and only have to worry about filing in Canada. I have my interview at the beginning of next month, so I expect to have my PR Papers before Christmas. My wife and I want to visit her family and I will not be able to move back down to the US until Jan/Feb of 2009 because of work contract and obligations.

Thanks for your replying

I'm just curious as to what happens after you get your visa in hand.

How long do you have to change your residency? / When do you have to move to the US? Not that I'm trying to stay in Canada longer or anything but I have affairs to tie up before moving back to the States.

Is there some process that happens at the POE with your visa?

When does the IRS start claiming that you are a resident? Is it when you get your visa or after you "activate" it? I'm trying to file one tax return for my earnings this year, but I am not sure how it works if I get my visa before the end of the year.

Any other tips you guys can provide about after receiving your visa but before moving down to the US would be great.

Dual Citizenship all the way! I don't see why you wouldn't if you can. At least that way you expand your opportunities and not have as many hassles (I hope).

For me, being an IT Consultant, being a USC would expand my job opportunities. There are a lot of US companies that have divisions that are involved in government or military contracts. These companies have stipulations that does not allow non-USC to work for them due to the nature of their business with the government, even if I would not be working for that business unit. A good example is Raytheon. They have many government and military contracts, but they also do consulting work to the private sector (regular businesses). I was interviewed for this one job opportunity with Raytheon in the past and they were going to hire me, but once they asked if I was a USC, they told me they were unable to hire me, even though the client that I would be working at was non-gov't related. At the time it sucked because I was going through somewhat of a dry spell in jobs.

So if given the opportunity to be a USC I recommend it as it's the only way to truly unlock that door to the land of opportunity.

DO NOT LEAVE THE US!!!! Get married and file for the I-129F and the I-130. There may also be a form you need to fill out for adjustment of status. Since you are in the US they should adjust your status a lot quicker than if you left the country. Make sure you don't leave the country until you get your visa, otherwise you risk being locked out like I did.

If you have a TN and it must be renewed, I think you can do it within the US by sending in a renewal to the Nebraska office. If you are on a TN do not mention that you are getting married or intend on filing for immigration otherwise your TN will be denied as it is only for "TEMPORARY" workers.

If for some reason you must leave the country after you have filed for your I-129F or I-130 it will be a pain to get back into the country the first time if the POE Officer decides to question your stay, you then may be asked to show proof that you are returning to Canada, doesn't happen to all but it was an issue for me since I was trying to renew a TN before I filed for the I-130.

Benefit of having a CR-1 vs K-1 is that you can work right away and do no have any restrictions, so I highly recommend applying for the I-130 instead of the I-129F. And by the looks of timelines they take roughly the same amount of time to process now.

Last thing to note: you don't need a lawyer to apply and get your visa as long as you do your research. VJ is truly a god-send when it comes to getting PR or immigration, I know it's saved me thousands on legal costs. Good luck with your journey.

My friend works at a passport office and she told me that if you renewed or got your passport in Canada before you can do a quick renewal form and they will process it in a few days, but this means you will have to go to a Canadian Passport Office in Canada to do so. I assume that you are in the US now so I would go onto the website and download a renewal form and send it in. Passport photo can be signed by anyone with a valid Canadian passport as long as it's being renewed. If you let it expire I think you will have to get a non-family member professional to sign it (ie. doctor, lawyer, accountant, engineer, etc.).

That's awesome! At least now I know that this guy is legit and reputable. At first I thought this was going to be a horror story about how poorly the office was run or something. I have my medical exam 2 days before my interview so hope this all works out for me. I'm not nervous about the medical at all because I have no medical history, I'm just worried about getting my results back in time since I will be waiting for my results to be returned to me the day before my interview. I'm going to be rushed indeed.

Honda didn't charge for a compliance letter. Sticker on your car or engine doesn't mean anything to the POE officer if they need to have your car certified. You must have a compliance letter. In certain States, like California, the people doing the safety/smog inspection will check to make sure that your car has these stickers in the engine compartment and if you've done any modifications to your engine those parts will also be required to have stickers on them to prove they are State legal modifications.

Yeah we got screwed to. Husband is going to fly in the week before interview for his medical, then hopefully pick it up in time when we return the next tuesday (we have a wed. interview too). worried about making that since we land at almost 4pm and the medical place closes at 5pm.

OMG that's cutting it close. Sucks that they removed a lot of the other medical examiners in Canada. I would have just done it in Calgary had I received my interview letter a week earlier.

I have my interview on a Wednesday and I have to fly in from out of town to go to it. I was going to make a trip out of my stay but now I may have to make my trip longer. Just wondering what the procedure is for submitting your medical to the interviewer. If I get a medical done on Monday the soonest they can have the medical report ready is on the Wednesday afternoon, but this will be after my interview. Can I return to the Embassy after the interview and submit my medical then or does it need to come with me to the interview? If it needs to come with me I'm going to have to do my medical on the Friday prior then stay for 5 days until my interview. Anyone else having to deal with this?

Thanks. It wont be easy getting rid of my car without taking a hit. Wish I had had a 3 year lease now ... oh well.

Sly

Put a post out on Kajiji or Craigslist and see if there are any people willing to take over your lease. You can get your lease transferred as long as someone else agrees to take it over. The other solution, is just drive it and keep yourself under the radar. Make your payments and just don't get pulled over, if you do tell them that you just moved to the State (just a few weeks), they can't do anything to you unless you admit to having your car there for a prolonged period of time. The most they will do is run your license to make sure it's not stolen or that there's no warning messages in the system on your Canadian plates.

And if you are commuting back and forth between Canada I'm sure it will be less of an issue since your car will be used in Canada. Food for thought.

Sly,

When I was working the the US with my TN-1 Visa I actually did not register my car down there for a few years. I should have done it sooner and my wife (girlfriend at the time) was always getting on my case about it. When I finally took the plunge to do it, it took a bit of work to get it registered.

First, I was driving with my Alberta drivers license, so the first thing you have to do is get your State drivers license. They require you to do the written and driving test regardless if you have a Provincial driver's license.

Next, you must get a letter from your manufacturer as release letter for you to drive your car in the States. I have a Honda and even though mine was put together in Ohio I still needed this letter. I've heard stories where certain manufacturers will try to charge you for this letter. I can't remember who I called but it was a State office, and they gave me a number to call and after you call that number you provide them with your VIN and your address and they will send you out a letter stating that your car is clear for importing.

After you get this letter you may have to setup an appointment for a safety and emissions test depending on what State your importing your car to. For me it was California so I had to go to a special State inspection center. Ordinary Smog check places will not work. You wait around for 1/2 hour and they give you a paper that says your car passes emissions and safety.

With these 2 letter you should now have, you have to bring in your proof of ownership, this is where it may be tricky for you since you are leasing your car. For me I had this letter so I didn't have any issues with it. I also didn't do the importing at the border crossing, I had to do it at the Long Beach port authority since I had already driven my car into the US. Once you provide them with your papers they make copies, and they give you an import certificate letter. You can then take this letter to the DMV and apply for a license plate.

For California, you are required by the State to obtain your drivers license within 30 days of moving to the State. The only time this will really be an issue is if you get pulled over and they ask to see your drivers and registration. If you don't have your car registered yet don't show them your US driver's license as you'll probably get a higher fine for not registering your car. Admittedly, I did get a few tickets while driving with my Canadian plates and driver's license, and the officer was nice enough not to ticket me for not registering. They are typically nice about it since they know you are from out of State and out of Country.

I don't know what your lease agreement with your finance company states but you should look into closing out your lease early or having it transferred to the US if you can. Cars are much cheaper in the US so it may be even beneficial to just lease a new car in the US instead. If I can find the link to the car importation that I used I'll post it here. Cheers!

AHHHHH!!! They changed all the certified physicians for medical exams. Now I have to either go to Vancouver or Montreal. $210 for the exam in Montreal and $350 for the exam in Vancouver. le sigh!

I was under the impression that unless you activate your visa that you are not actually living here as a PR.

We're going to be in the same boat -- my husband will remain in Canada until after the New Year and then we'll make the move.

Oh that's how it works. So now, if I go down to visit my wife and the in-laws at Christmas does the PR status automatically activate when I cross the border?

And did you husband work in the US previously? I'm concerned because I filed taxes last year but I don't want to be audited or questioned if I don't file taxes this year, do you know how it works?

Hi everyone, I wanted to get input from you and start a thorough thread about filing your taxes after you get your PR status.

My question is: Do I file US World Income tax (Form 2555) if I did not work one day in the US in the year that I received my PR Status.

Most of the posts I've found on VJ all relate to collecting EI (are their that many unemployed or unable people immigrating?). Unlike those EI posts I am a working individual and small business owner. I already have a SSN number and have filed in taxes in the US for several years including last year, 2007. But for this year, 2008, I was living and working entirely in Canada. I have my interview scheduled for the beginning of December which means I'll more than likely get my PR Status a week later. Which means that I will be able to enter the US as a Permanent Resident before year end.

However, I will probably work the remainder of the year (the rest of Dec after I get my visa) in Canada. So now am I required to declare my world income to the IRS even though I did not work or earn any money in the US for the year and was not a resident until the end of the year. My wife still lives in and works in the US, so does this also affect how I file my 2008 taxes.

I know for sure I must do my Canadian Taxes and I will get foreign input taxes for the US if I do have to file world income. If I must file to the IRS as well do I get to apply my tax credit to our joint filing (my wife and my US tax return)?

Thanks for any input. If I was unclear or confusing let me know so I can clarify it.

Here's a quick breakdown so it's easy to follow:

1) Already have SSN because I worked in the US between 2002 to 2007 with a TN-1 Visa

2) Filed Taxes to the IRS for 2007 (married in 2007 as well)

3) Did not live or work in the US between 11/2007 to Present

4) Obtaining CR-1 Visa in Dec 2008

5) Will only be working and earning money in Canada for all of 2008

Do I file to the US?

Also as a side note:

Own and operate a small business (incorporated) in 07/2008

This business will continue to operate into 2009

How will this affect my taxation or my immigration?

Awesome strip clubs!!!!!

RFLOL! sure that would make the wife happy.

Thanks Flames and Emancipation, good to know. I guess it will be a solo vacation for me. I'm going to spend a few days there at least photographing the city. At least I can something more out of it than just an interview.

I know that the sponsors are not necessarily required to attend the interview but is it recommended or just something that is up to each couple? My wife doesn't really want to take more time off work to come to the interview but I would her to be there. And I guess if it's something that is recommended I can "force" her to come. But I'm a bit disappointed that she doesn't feel the need to come if she can. I guess I'm being a bit selfish but wanted to get everyone's input on this.

Also, is there a preference for the embassy in terms of pre-paid express envelope for the returning of the visa?

My checklist for the interview is: (please let me know if there are other recommendations for items to bring)

Photos of us

Pre-paid envelope

Everything else I sent in with my DS-230 to the NVC since I am getting my CR-1.

Samantha,

I used both the page that was provided by the payment site and the one that is instructed by James' Shortcuts. Our DS-230 and I-864 were processed without any difficulties.

1) make sure you include all coversheets with barcodes. Once you pay your fee bill it will take you several weeks before you receive the Coverletter with barcode from the NVC. If you follow the instructions on James' Shortcuts you can create your own cover sheet.

2) Include the Fee Payment Coversheet, this is a way that NVC will verify that you paid your stuff, otherwise you may get a RFE to send in more information

3) Though it doesn't say it on James' Shortcuts, we included a Table of Contents for our package. That way it makes it easy for the NVC to know what you have in the package (in case something drops when they open it) and it makes it very well organized for them to go through it.

Ours was something like this

Page 1 .... I-864 Cover Sheet

Page 2 .... I-864 Fee Bill Payment Cover Sheet

Page 3 .... I-864 Cover Letter

Page 4-6.. I-864 Form

Page 7 .... Attachment 1

Page 8-10 Copy of W-2 Tax Returns

...etc

We also sent in the I-864 and the DS-230 in the same package. Make sure to include two 2x2 passport photos of the beneficiary. I almost forgot to do that before I sent my stuff to my wife to send in. Good luck with everything.

NVC Complete, Interview scheduled for Dec 3rd 2008, please update tracking

Interview scheduled for Dec 3rd 2008, please update my info. Thanks.

There are a few VJ members that even after the visa process (cr-1/ir-1) still work in Canada, one is even a Cdn border agent,lol But I belive they return to Canada the majority of the time. I would think if you spent the majority of time in Canada,that would lead to problems. I know for the naturalization paperwork, you have to jot down all days (24 hr or more) that u were outside of the USA

So say for the first 3 months I was outside of the US 80% of the time, but after that I was in the US 95% of the time. Would that greatly affect my being able to remove the conditions after 2 years?

I work in Canada, live in the US. I use my Nexus pass to cross into Canada, usually stay with my parents for a few nights while I am working, and then drive home for the weekend. I applied for the Nexus card after my CR-1 was activated and my PR card had arrived. (I thought it would be easier this way, but I have no basis for thinking that.) The only thing they told me was that when my conditions are removed, I must go to the Nexus office and show them my 10 year greencard. Most of the time crossing is seamless, but sometimes I get asked about my status. Good luck with your visa and Nexus application.

What do you reply when you get asked about your status. Since I'm a contractor I don't know if working in Canada but being a declared US PR will cause me any issues. I had to incorporate for my current job and though I don't mind traveling back and forth on the weekends I just don't want to run into any problems before my conditions are removed from my conditional PR card.

Could you provide any insights as it seems like you have the closest situation to my own. I will be living with my wife in Los Angeles but commuting to Calgary for work during the week. I'll stay at my parents while working up here, and travel back on the weekends.

What do I tell Canadian Customs when I enter Canada and what do I tell US Customs when returning to the US? I don't expect my work situation to be permanent, only for as long as it takes me to find an equivalent position in the US. I'm afraid to ask the customs people or the embassy during my interview because I don't want them to not issue me a visa or revoke entry. Since, I'm the "bread-winner" of the family, it's quite important that I am able to earn income, my wife's income is more supplemental more than anything else. Thanks for the input.

I wanted to know if anyone here has any experience with the Nexus pass with a US Permanent Resident Visa like the CR-1?

I am in the final phase of the visa process and I am working contract in Canada, once I get my interview date I will be applying for jobs in the US but I don't know what the outcome is going to be this close to the end of the year since it's usually a slow season for hiring. I expect that I'll receive my visa by Dec time-frame, which is perhaps the worst hiring season for professionals as it's right after US Thanksgiving and before the Christmas Holidays. Usually Jan is pretty slow too since people are getting back to work and no one does any serious consideration until Feb.

Anyways, I plan on working in Canada and returning to the US every weekend, and I was wondering if I should apply for a Nexus pass or if this will complicate matters with my CR-1. I know the first 2 years are conditional and that I should try to establish work in the US as soon as possible, but realistically this means I will probably getting a job State-side in the spring (Q4 is always bad for hiring). I don't live/work in a border city so it's impossible for me to drive across the border to my US home every night, and I'm not rich so I can't fly to and from work/home everyday either. The best I can do is fly back on the weekends.

I posted a question similar to this before but I didn't ask about Nexus pass so if anyone has any insight on this matter that would be great. Best if luck to you all if you're waiting on your visa too.

Awesome, congratulations. Please share the experience with us when you have time.