US - Outland Application Q's - Health Care, Passport name change, etc.

[tom_from_sk]

I had a couple posts last fall when I found out about this forum and was very gracious of the responses and effort you all were willing to provide. My fiance (US citizen, living in the US) and I (Canadian Citizen, living in Alberta) are getting married in about 4 months and I have some questions to verify as I am seeing some updated and longer wait times for the Outland Application process (Sponsor Approval) as well as for the FBI check.

1) She is soon going to be cut off of her parents health care very soon and needs a stop gap, between now and when she receives PR/Alberta Health card. Will she need to sign up for a US health care plan and also travel plans for the next few months while she is visiting me (on a few different weekends)?

2) I have read that she should be able to receive health care in Alberta from day 1 when she comes to "visit" after we are married. We plan to drive back to Canada after the wedding, with the marriage certificate in hand, and I want to get her an Alberta health card as soon as possible. What proof do you need for this? Marriage certificate and a 'date' on your passport? I was under the assumption that she would need a visitor record, but after reading more on the forums, most of you do NOT recommend asking for a visitor record. Will a simple entry stamp work? Can you ask for the entry stamps? Typically when we cross the border for weekend trips, the border agents don't even stamp our passports.

3) If she does get an Alberta health card right away, can we cancel her US health coverage? Do we need to be covered by two plans? She can receive additional benefits with my work plan if she gets an Alberta health card and I do not want to pay for private US insurance if it isn't necessary. We plan to visit Europe and Asia within the next 12 months (while we are waiting for her Outland application to go through) and want to make sure we are legally and fully covered, as much as possible while away.

4) With the increase in wait times, I would like to start the application as soon as possible, maybe even submit the application a week after we are married and back in Canada.

a) I believe the first step would be crossing the border and receiving a stamp for entry
b) Then I would go and try and get her Alberta Health Card
c) At this point would I mail off the Outland application with her current name? Or send off her US passport for the name change and wait for it to come back to submit the entire package. Last fall it was recommended to do the passport name change first, but with the increase in Sponsorship Approval wait times, this may have changed some of your opinions? Getting the passport name change is priority not only for the application, but our honeymoon trip.
d) I realize I will also need to get the FBI clearance submitted as well. I was planning on having her start to look into this now as I am hearing of 3-4 month wait times. We will schedule her medical in Alberta later this spring.
e) As mentioned above, we need to change her US passport (to her married name) within about 8 weeks as we have booked flights for our honeymoon in the new name. Does anyone know if going to the US consulate's in Canadian cities to apply for the new passport will speed up the process? I know you can book appointments for passport application help at the consulate, but I do not know if that it is a way to get it done quicker. If not, is it possible to expedite a US passport from a Canadian address?

At the end of the day, my priorities are trying to get her health care as soon as possible and getting her name changed on the passport within 2 months to go on our honeymoon. After that, I would like to get the Outland application process started quickly so that she can work and move her belongings up here once the process is complete.

I appreciate all feedback, follow up questions and help. Thank you kindly!

 

[rhcohen2014]

1. yes, as a us citizen who does not have residency in another country, or does not declare residency for tax purposes, she is obligated to have US health care or she risks penalties come tax time.
see this: https://www.healthcare.gov/exemptions-tool/#/results/details/resident-alien
if she declares to Canada she is a resident for tax purposes (and resides in canada for a certain amount of time throughout the tax year), then i believe she can be exempt from this rule. It's recommended to talk to an accountant who is familiar with working with expats to understand the rules. most of us on here are new to it ourselves. yes, she may want get travel insurance to cover her for the amount of time between entering canada and getting Alberta health care. US insurance probably won't cover expenses made in canada (check the details of the insurance policy). That is at your/her discretion.

2. i am not familiar with the rules for Alberta healthcare, so i will defer this answer to someone who has experience in that province. I would imagine the provincial website will have information about how to apply and what is needed.

3. yes, i believe she can cancel her us insurance (assuming she plans to become a resident for tax purposes prior to becoming PR). Personally, i would because it means 1 less expense. she *may* incur a penalty for every month not covered when she files us taxes. Again, i am unfamiliar about how this actually works, and will find out soon enough when i file my taxes. There are exemptions available for this rule.

4. a) most us citizens don't receive stamps in their passport when they enter by car. it's not necessary to get one. once in, and there is no stamp, then the person automatically gets a 6 month visit. if the stamp is necessary for health insurance, then you may need to ask for the stamp.
c) if she plans to change her name in her passport, it's much easier to do it before submitting the paperwork, though it's not totally necessary. if she plans to change her name, as long as the visa office receives a new copy before they start processing the application, then there generally is no issue. basically, the name on the approval paper must match the name in the passport. many people send updated copies without issue. it's not necessary for them to have it during stage 1, sponsor processing. it's more important they have the information for the applicant's processing.
e) if you go to the website for US passport processing, you will see there are expedited processing centers that will update the passport with proof of travel within 2 weeks. if you do the passport by mail, i believe the passport can not be mailed to canada from the processing center. it would need to go to a us address, and then you would need to have someone mail it to you. you can certainly try the embassy in your area to see if they accept appointments for passport processing. they will also have an expedited process. if you can't make an appointment online, go there in person. i was able to make an appointment in ottawa in person when all appointments online were booked.

 

[rugrat907]

d) I realize I will also need to get the FBI clearance submitted as well. I was planning on having her start to look into this now as I am hearing of 3-4 month wait times. We will schedule her medical in Alberta later this spring.

And FYI on current FBI timelines - mine was mailed November 24; the credit card was processed on Feb 19, and I just called and the results were mailed to me yesterday, March 10. So it's not really speeding up...You want to be careful not to submit the request too early because they do expire in three months from the date of issue and you don't want that to happen or you'd have to go through the process all over again, but it sounds like you know you timing pretty well...just time the application appropriately.

 

[rhcohen2014]

also, because the fbi changed their system, CIC is now accepting channeler reports, so it may be worth looking into. i believe they will only accept reports from specific channelers.

 

[tom_from_sk]

Thank you for the replies and the help!

I will have to look into channeller reports with the FBI check as I am not familiar with that at all. Will the FBI mail the report back to Canada? Or does this go to a US address?

Also, does the FBI report have to be valid at the time of Application submission? Or when they actually work on her part of the file? Wait times could render the FBI check invalid if the latter is the case.

Thanks for the information on the health care. Is she able to declare as a Canadian resident for tax purposes, even if she is just up here as a visitor waiting on the PR application to be processed? Or does she need to maintain 'resident status' (as far as the IRS is concerned) in the US until the residency is granted? She will be in Canada as a visitor a maximum of 5 months in 2015 (so not the 6 months + 1 day that I am guessing you need to make claim to Canada)

It looks like she will be able to get an Alberta health card and my company insurance as long as the border crossing will grant a stamp on her passport. I would not want to be paying for a US health care plan if she is covered up here, just because the US thinks she is a resident... but I know it is a grey area. Does anyone know what the penalties are on income tax? I wonder if they are small enough to take the risk on. Are there any other legal implications if she didn't carry US health care for the last 5 months of 2015?

Is it possible to submit the Outland application online or only by mail?

Does anyone else have any Alberta experience with health care? Or any experience dealing with the US consulate in a Canadian city to speed up the passport process?

Thanks again everyone!

 

[Amalthea]

Thank you for the replies and the help!

I will have to look into channeller reports with the FBI check as I am not familiar with that at all. Will the FBI mail the report back to Canada? Or does this go to a US address?

Also, does the FBI report have to be valid at the time of Application submission? Or when they actually work on her part of the file? Wait times could render the FBI check invalid if the latter is the case.

Thanks for the information on the health care. Is she able to declare as a Canadian resident for tax purposes, even if she is just up here as a visitor waiting on the PR application to be processed? Or does she need to maintain 'resident status' (as far as the IRS is concerned) in the US until the residency is granted? She will be in Canada as a visitor a maximum of 5 months in 2015 (so not the 6 months + 1 day that I am guessing you need to make claim to Canada)

It looks like she will be able to get an Alberta health card and my company insurance as long as the border crossing will grant a stamp on her passport. I would not want to be paying for a US health care plan if she is covered up here, just because the US thinks she is a resident... but I know it is a grey area. Does anyone know what the penalties are on income tax? I wonder if they are small enough to take the risk on. Are there any other legal implications if she didn't carry US health care for the last 5 months of 2015?

Is it possible to submit the Outland application online or only by mail?

Does anyone else have any Alberta experience with health care? Or any experience dealing with the US consulate in a Canadian city to speed up the passport process?

Thanks again everyone!

As for tax purposes, the US requires all US citizens to file tax returns, regardless of residency. Yay, USA -___- She will be exempt from paying tax to the US under $95,XXX, but that amount decreases for each day she spent in the United States during the tax year. Not to add more information to the already-confusing application process, but your partner needs to be aware of the FBAR because the penalties are STEEP ($100,000). If your partner ever has signage or ownership of an account in a foreign country with $10,000 or more, she needs to file an FBAR.

You can only submit your application by mail.

As long as the application/FBI Check is received by CIC within 3 months of issue, you're golden. Currently 4 weeks wait for FBI checks.

I can't speak for Alberta, but in BC your application must show "in process" in ECAS to be eligible for the BC health plan. This is unfortunate because 'In Process' doesn't show until pre-much, the very end. Lol. I'm going to look into Alberta's health plan for you.

 

[Amalthea]

Here's what I found on their website;

Residents from out of country

Canada entry documents are required to apply for AHCIP coverage

Alberta Health requires applicants to include one of the following documents from Citizenship and Immigration Canada (CIC) with your application for Alberta Health Care Insurance Plan (AHCIP) coverage:

-Confirmation of permanent residence
-Permanent resident card
-Active work* (minimum 6 months), study* or visitor* permit for Alberta or a designation as a Convention Refugee with accompanying documentation.
-*Not all Alberta permits qualify the permit holder for health care insurance coverage in Alberta.

NOTE: All applicants must intend to reside in Alberta for 12 consecutive months.

You may wish to purchase Visitor to Canada Insurance, which is available from private insurance companies, if you are physically present in Canada but not eligible for AHCIP coverage.

 

[Amalthea]

Ah, it clarifies further down the page for people in our situation;

http://www.health.alberta.ca/AHCIP/temporary-residents.html

"AHCIP eligibility while waiting for permanent residency status

In order to be eligible for AHCIP coverage you must have a valid Canada entry document or a letter from CIC indicating a “positive first decision” has been made regarding your application for permanent residency.

If you receive a “positive first decision” letter from CIC with respect to your permanent residency application, forward a copy of the document along with your completed application for AHCIP coverage and other required documentation to Alberta Health.

Your AHCIP coverage may be reinstated to the date of the “positive first decision” letter but not earlier.
If your Canada entry document is due to expire and you have not yet received this letter, you may be eligible for a one time only temporary extension of your AHCIP coverage. However, we recommend you apply for an extension of your prior permit during the waiting period to avoid a lapse of coverage."

I wonder if a positive first decision includes Sponsorship Approval, I sure hope so!

 

[tom_from_sk]

Thank you very much for looking into that. Hopefully the valid entry includes a stamp at the border upon arrival (for the health card).

I am a US citizen too (dual) so I understand the tax return and FBAR requirements. Not my favourite activities of the year, but necessary.

 

[Amalthea]

Thank you very much for looking into that. Hopefully the valid entry includes a stamp at the border upon arrival (for the health card).

I am a US citizen too (dual) so I understand the tax return and FBAR requirements. Not my favourite activities of the year, but necessary.

Perfect!

And I believe you're correct - someone on a very helpful facebook group told me that for Alberta's Health plan he - "had to provide my visitor record, and it will expire this March so I will have to reapply once I receive my new visitor record" I asked him how he obtained his visitor record and he went on to say this - "When I entered via Calgary International Airport they stamped it for 3 months, then a month before those 3 months were up I applied to extend it, and after they approved my application I received a visitor record in the mail."

Looks like she should be able to, after all!

 

[canuck_in_uk]

Thank you very much for looking into that. Hopefully the valid entry includes a stamp at the border upon arrival (for the health card).

A visitor record is not really required, nor is first stage approval from a PR app. Some people are asked for a VR but usually not; some who have been asked to show a VR have just gone to a different office and registered without issue.

Have a look here http://www.health.alberta.ca/AHCIP/registration-requirements.html

All eligible residents of Alberta must register themselves and their dependents with the Alberta Health Care Insurance Plan (AHCIP)
Married spouses – must register together

By AHCIP's own rules, an eligible resident must register their dependent spouse. It's a nice little loophole that allows spouses with visitor status to get coverage.