ForumTitleContentMemberSexCountryDate/Time
CanadaTax Question
Alright, now I entered it under 'Other Wages', and took the exclusion, but now it dropped our expected refund. How does adding it in and excluding it make us get less money?
CaladanMaleCanada2008-03-08 20:50:00
CanadaTax Question
Can't figure this out.

We have TurboTax.

C. has a W-2 and a T-4. None of the income on the W-2 is reported on the T-4 or vice versa.

I understand we need to report (and then exclude) his income from Canada. But I can't figure out how to do this. If we try to enter it just as excluded foreign income, it either deducts his Canadian income (without adding it first), or it says he's not eligible because he wasn't a bonafide resident of Canada in 2007.

Anyone with Turbo Tax know what to do? Do I need to first report the T-4 as income separately and then deduct it?
CaladanMaleCanada2008-03-08 20:05:00
CanadaU.S.A. quickly becoming just a place to visit
You two are amazing and an inspiration. Best of luck with your new path.
CaladanMaleCanada2008-03-15 11:34:00
CanadaANYONE REGRETTING THE MOVE TO U.S.A
I know I'd be cranky if I had to leave everything behind and move to Canada, even though I like it very much. It's not even a Canadian thing given that I think I'd be cranky if I moved anywhere where I didn't know anyone and didn't have a job, let alone the money being all funny-colo(u)red.

Half the reason C. moved here is that he would handle the adjustment period better than I would. And he has! But I think we're too quick to read it as indicting the whole country if someone doesn't like it. The U.S. is a big place, and not liking one part doesn't mean they would have been happy anywhere in Canada, or that they won't be happy in other parts of the U.S.
CaladanMaleCanada2008-03-18 12:08:00
CanadaCanadian Names (English Language Names)
Elizabeth isn't a name given to Americans? Or Sarah? Or Katherine?

I realize it's a lot of fun to find out cultural differences, but this seems like a stretch to me if we're excluding Quebec. I'm sure there's some trends, but I'd be willing to bet they're swamped by generational/pop culture trends that both countries share.
CaladanMaleCanada2008-03-19 14:28:00
Canadastayinin u.s. waiting for k-3 interview-can I be denied at interview?
QUOTE (Reba @ Mar 22 2008, 11:19 AM) <{POST_SNAPBACK}>
QUOTE (Caladan @ Mar 21 2008, 10:29 PM) <{POST_SNAPBACK}>
...Now, as the law is written, each new entry resets the clock. So if I stay 15 days, then leave, and then come back, my first day back isn't day 16 of the previous 180 period, but day 1 of a new 180 period. I've spent 16 days in the country, but they were part of two separate entries, and none of the time counted as an overstay. If I'd stayed 200 days the first time, then left, and come back, I would be starting over on day 1 of a new 180, but I'd have 20 days out of status time.

On none of your previous trips did you overstay (you have a number of trips, all under six months), so you didn't accrue any out of status time. So in terms of worrying about falling out of status, you'd count days from the last time you crossed the border. Let's say you came at the beginning of November and leave March 30: 30, 31, 31, 29, 31 gives us 151 or so? You're fine.


however, there is the caveat of the "defacto" residency and ties to Canada. If one is spending more time in the US than in Canada, a CBP official *could* determine that the person is living illegally in the US (whether working illegally or just sitting watching TV and eating bon bons all day) and only returning to Canada for short jaunts to restart the clock so to speak (which, if I understand her situation correctly, is basically what she's been doing). Whether this will come up at the interview is anyone's best guess.


Dude, that's a problem, but a problem for *re-entry*, i.e., one that would come up at the border, where they might say 'she has immigrant intent, since she doesn't have ties to Canada, so we should make her get a tourist visa.' And then they might not let her in. So if she were saying 'hey, I want to stay here six months, then leave, and then return', we might caution that she could face a hard time returning due to a strong presumption that her residency is really in the U.S.

But that doesn't make her an illegal immigrant. They can't decide that she's living illegally in the U.S. when she has a) entered legally and b ) hasn't overstayed. There isn't a category for 'lived illegally and thus subject to a ban because it looks like you were here too long though withing the legal limits.' What statute has she violated? A CBP officer isn't conducting the K-3 interview; their job is the border. Under what would they deny the visa?

I worry we're freaking her out over nothing. She's kept to the letter of the law as near as anyone can tell.
CaladanMaleCanada2008-03-22 19:20:00
Canadastayinin u.s. waiting for k-3 interview-can I be denied at interview?
"Out of status" usually means "entered legally, but has no legal status currently." One can fall out of status in a lot of ways, but the one that would concern you here is by overstaying the time one is allotted in the country.

For a Canadian entering as a tourist, you've got it right: you would go out of status on day 181, because the first 180 days are part of your legal stay. But there isn't a fixed penalty for being out of status until you've accrued 180 days out of status.

Now, as the law is written, each new entry resets the clock. So if I stay 15 days, then leave, and then come back, my first day back isn't day 16 of the previous 180 period, but day 1 of a new 180 period. I've spent 16 days in the country, but they were part of two separate entries, and none of the time counted as an overstay. If I'd stayed 200 days the first time, then left, and come back, I would be starting over on day 1 of a new 180, but I'd have 20 days out of status time.

On none of your previous trips did you overstay (you have a number of trips, all under six months), so you didn't accrue any out of status time. So in terms of worrying about falling out of status, you'd count days from the last time you crossed the border. Let's say you came at the beginning of November and leave March 30: 30, 31, 31, 29, 31 gives us 151 or so? You're fine.

(There is a bit of disagreement as to whether a Canadian is permitted to stay six months per visit, or six months per recent twelve months per all visits, but I can't find a citation to settle that. But in any case, that wouldn't be accruing an overstay time, which is what the waiver business is all about.)
CaladanMaleCanada2008-03-21 21:29:00
Canadastayinin u.s. waiting for k-3 interview-can I be denied at interview?
QUOTE (Kathryn41 @ Mar 21 2008, 07:03 PM) <{POST_SNAPBACK}>
Yes, I didn't mean to imply that you are out of status after you have been here 6 months - but that if you have 6 months worth of out of status
time accrued that earns a 3 year ban, and a year of out of status time earns a year ban. Still not sure that it isn't 6 months in a year - I know that is what I was told when I dated a US citizen for 9 years and was crossing the border very regularly - that I was not allowed to accrue more than 6 months worth of time spent within the US in any one year.


I've heard the latter, too, but can't find a citation for anything but 'no more than six months at a time.' But I'm sure you're right on this point. zyggy?
CaladanMaleCanada2008-03-21 18:23:00
Canadastayinin u.s. waiting for k-3 interview-can I be denied at interview?
Yeah. And I think we're in agreement on the main point. One has to be out of status to accrue overstay time, and she's not out of status! Voila. No problem.
CaladanMaleCanada2008-03-21 15:31:00
Canadastayinin u.s. waiting for k-3 interview-can I be denied at interview?
QUOTE (itsallgreektome @ Mar 21 2008, 04:24 PM) <{POST_SNAPBACK}>
Thanks to all of you. I've ruined my day with this worry. I'm so tired. "What will be will be". I'm sure you all understand. God bless you all.
Maria


You last entered in November 2007, right? And you're staying till April? You're fine.
CaladanMaleCanada2008-03-21 15:27:00
Canadastayinin u.s. waiting for k-3 interview-can I be denied at interview?
What you've bolded says 'no time before re-entry', not 'there isn't a six month maximum per annum, even if accrued in several visits.'

Every new entry is a new entry and a new clock for legal presences and for accruing an overstay. That's true of any visa. Of any entry. That doesn't at all speak to whether there are any restrictions on how much time one can spend per annum in a country.

My point is that in any case, she hasn't overstayed a blessed thing, regardless of how the six months is calculated. One can't accrue overstay time by adding up days from seven separate visits and seeing if it's over 180.
CaladanMaleCanada2008-03-21 15:21:00
Canadastayinin u.s. waiting for k-3 interview-can I be denied at interview?
Overstaying a visa by 180 days (so for a Canadian entering the usual way, an unbroken year total) would incur a ban. You'd have the six months normally allowed a Canadian, then another six months, before a ban upon reentry would occur.

That's different from exceeding the 180 day per annum maximum (calculated by adding up all the time within the previous twelve months) allowed Canadians. In all of her visits, she hasn't overstayed. She is close, however, to accruing 180 days of time in the U.S.

She hasn't overstayed, so she won't incur a three year ban for overstaying. (One could easily do that in one month here, one month there increments.) And I believe that the only penalty for spending too much time in the U.S. is getting denied at the border because of presumed immigrant intent. This isn't an overstay because she keeps going home; whatever bans affect overstays don't apply here at all.

(One might want to check if there are any penalties for spending more than six months in the U.S., but I think all they make you do is get a tourist visa or other visa before allowing you back in. And if there's no I-94, they have no idea how long you've been here anyway.)

Edited by Caladan, 21 March 2008 - 02:51 PM.

CaladanMaleCanada2008-03-21 14:50:00
Canadano one's being denied a visa because of visiting the u.s.
Staying longer than 180 days cumulative (on more than one trip) in a year does not count as an overstay. The link Crikey! gave showed that. It's more than 180 days for a Canadian entering as a tourist.

There have been a number of people who have spent a lot of time (legally) in the U.S. before getting the visa. They've been fine.
CaladanMaleCanada2008-03-22 19:25:00
CanadaCanada apparently easing the guarantor requirements
It's nice that the guarantor requirement is being eased, but I have to wonder why it's there at all.
CaladanMaleCanada2008-03-23 09:20:00
CanadaRiding a bike with a leashed dog
QUOTE (athena_ny @ Mar 22 2008, 08:48 AM) <{POST_SNAPBACK}>
QUOTE (flames9 @ Mar 21 2008, 04:57 PM) <{POST_SNAPBACK}>
Sounds like an accident waiting to happen!! I have a small dog --30lbs and dont think i would ever consider it!! She tends to wonder whern I take her out for a run with me!


Absolutely. It is dangerous for both the human (dogs can be unpredictable, if the dog runs off, dragging the human/bike with him/her, it's a recipe for the human getting seriously injured), and the dog (if human falls/crashes, whatever, the dog is now at risk for serious injury from bike spokes, chains, etc).

Just a bad idea all around.


Also dangerous for other people that you pass on the trail or road. Neither you nor the dog have room to maneuver should you encounter someone on a bicycle, or roller blades, or pushing a stroller. I nearly flipped into a stone wall because of some doofus who was walking her dog on one of those extendable leashes (you know the type, that work like a tape measure, and don't really control the dog but make the owner feel like they've leash trained a dog who is running everywhere); I can't imagine that I'd be alive if she'd been on a bicycle, too.

Teach the dog to heel properly and maybe jog with your dog. The bike is just asking for trouble.
CaladanMaleCanada2008-03-23 09:17:00
CanadaWe want to know each other better before.
QUOTE (Len_and_Bren @ Apr 10 2008, 02:17 PM) <{POST_SNAPBACK}>
You can't apply for a K visa while in the US - a visa is an entry permit; in this case, a fiancee entry permit.
One option you have is, if you get the H visa and go down, and things work out; some folks just get married and file for Adjustment of Status; which would result in a CR-1 immigrant visa for you. Though this one is tricky, since you would have to prove you did not enter the US with intent to marry.


H is dual-intent.
CaladanMaleCanada2008-04-10 16:21:00
Canadacan we drive with the canadian driving license ? (Qc)
QUOTE (Cassie @ Apr 19 2008, 12:32 PM) <{POST_SNAPBACK}>
Since my DMV office in Oklahoma refused to give me a DL until I could prove residency to their liking (ie. green card), and since my Canadian DL at that point was still valid, I was allowed to use my Canadian DL to drive around until AOS was completed.


Connecticut said he couldn't drive on his Canadian driver's license after 30 days, but they wouldn't give him a new license until he could prove he filed for AOS, so C. just drove anyway, figuring if we needed to, and since he was insured to drive in the U.S., we could make hay out of him being here on a non-immigrant visa and not being a 'resident' according to their own paperwork.

Not that I'd recommend that, but at least in CT they didn't really seem to have a clue.
CaladanMaleCanada2008-04-19 18:28:00
CanadaVery depressed CDN
Did he give a reason for saying you could be banned for three years? Did he give you any form or any piece of paper?
CaladanMaleCanada2008-04-21 14:37:00
CanadaVery depressed CDN
Not a lawyer, but if you stayed ten months in the U.S., and you're applying for a visa (?) you shouldn't be under any kind of penalty. Canadians are permitted to stay for six months, so you have an overstay of around 120 days. A three-year ban doesn't kick in until an overstay of 180 days.

It might be worth a consultation with a lawyer for your own peace of mind, but to me you look like you're in good shape.
CaladanMaleCanada2008-04-21 14:19:00
CanadaPeace Arch POE question
QUOTE (Earmuffs @ Nov 29 2007, 10:28 PM) <{POST_SNAPBACK}>
from what Ive heard no POE is guaranteed.


That was our experience (11 months ago now); while the stamp is great if you can get it, it doesn't seem to be worth actually trying to make plans to change POEs to get it, because even if you call them twice and they say they can, when you get there, they'll have no idea.
CaladanMaleCanada2008-04-25 07:07:00
CanadaCanada Forum
QUOTE (Stacey33 @ Aug 28 2007, 02:43 PM) <{POST_SNAPBACK}>
QUOTE (Emancipation @ Aug 28 2007, 08:20 AM) <{POST_SNAPBACK}>
hee hee...

Honestly i'm tired of being called "just like americans".. i wonder if the Brits were called that how they would react..

Some mornings I wake up with the fight in me..
whistling.gif

Some days you have to let a little of the Canadian Rage out.


That means you take a referendum, right? wink.gif
CaladanMaleCanada2007-08-28 15:19:00
CanadaCanada Forum
By the time we drove across Canada, I was addicted to Tim's. I don't know how they do it, but that stuff is like crack.

Karen, I love your expression in that first picture; you look like you're up to something!
CaladanMaleCanada2007-07-03 08:40:00
CanadaRunning lights - importing your car in to the U.S.
QUOTE (Leafgal @ May 5 2008, 12:02 PM) <{POST_SNAPBACK}>
That is balony that you have to import the car that day, because I did it after a year. My mother drove it down from Canada and flew home, and I produced the car at the local CBP (without Ford compliance letter). I had called a few weeks ahead and when I told them I needed to get the letter(s), 2 of them according to Ford and that they were going to charge me for them he said don't worry about that as I had the sticker on the door. Filled out 3 papers at the CBP and done. But at the border I can see you would be at the mercy of the guard on duty.

As a side note, I thought that I would have to pay the duty on it since I had entered over a year ago and the 2 CBP guys said no duty it is free due to NAFTA.


This concurs with our experience; the CBP guy was surprised that we were prepared to import it then, saying 'most people worry about that later.' Granted, they said they hadn't processed a K-1 recently and that I couldn't trust that there internet, but for what it's worth...
CaladanMaleCanada2008-05-05 16:39:00
CanadaAny problems obtaining Employment?
QUOTE (Emancipation @ May 24 2008, 12:03 PM) <{POST_SNAPBACK}>
QUOTE (Caladan @ May 23 2008, 11:32 AM) <{POST_SNAPBACK}>
Oh, and I'm in New Haven. It's an expensive state, but if we made it on a grad student's income for the first six months, you can, too. smile.gif Let me know if you have any questions about the New Haven area.


We are going to be neighbors Caladan.. hubby & I are moving to East Rock next week!! wink.gif We are THRILLED and scored a beautiful new place which fit our budget amazingly enough!! smile.gif


Oh, awesome! It's such a beautiful neighborhood, especially this time of year.
CaladanMaleCanada2008-05-25 08:54:00
CanadaAny problems obtaining Employment?
Oh, and I'm in New Haven. It's an expensive state, but if we made it on a grad student's income for the first six months, you can, too. smile.gif Let me know if you have any questions about the New Haven area.
CaladanMaleCanada2008-05-23 10:32:00
CanadaAny problems obtaining Employment?
No advice, but the insurance industry is HUGE in Connecticut, so your current employer might be able to help you out w.r.t. connections.
CaladanMaleCanada2008-05-23 10:30:00
CanadaIs proof of relationship required for IR1?
QUOTE (Delicia @ May 25 2008, 12:38 AM) <{POST_SNAPBACK}>
Seems silly, but is it?


Yup, just the same as any other relationship-based visa.
CaladanMaleCanada2008-05-25 09:41:00
CanadaLand POEs that will give the EAD stamp other than Detroit?
Bumping this to add that if you do a search on my screenname, I've documented/ranted most of what we did to get C. his stamp. If you go here:

http://www.customs.u...p/cgov/home.xml

And look under Ports, you can get the number directly at the port to talk to someone. We called Sweetgrass (no stamp), Grand Portage (no stamp), Detroit (no stamp) and Peace Bridge-Buffalo (said they'd give us the stamp and got there and they said no stamp.) We eventually got the stamp from Boston's Logan Airport.
CaladanMaleCanada2007-06-28 22:02:00
CanadaLand POEs that will give the EAD stamp other than Detroit?
You can call in advance, but chances are they either won't know what you're talking about, or will tell you yes and after you go 18 hours out of your way and spend an extra $300 on gas, they'll tell you they never do. Not that this, uh, happened to us.

We were able to procure a stamp, driving from Alberta, by crossing at Buffalo, where they didn't give us a stamp, then by making an Infopass appointment, where they didn't give us a stamp but told us to go to Boston, where they did give us a stamp. If you have an office near enough to you to bother making an appointment, I'd start there.
CaladanMaleCanada2007-06-27 22:53:00
CanadaChanging your name
I think a lot of divorced women don't change their name back because 1) they have kids, and it's nice to have the same last name as their kids and 2) changing one's name is a pain in the a$$.

I didn't change my name when we married mostly because I was quite sick of government offices and forms at that point, and couldn't stomach the thought of going through all that trouble to erase myself while filing his AOS, dealing with the DMV, dealing with SS, etc.
CaladanMaleCanada2008-07-15 10:59:00
CanadaHow did you start to build your new credit rating?
CapitalOne turned us down, so we ended up getting C. a card with a $500 limit through our bank. According to the bank, the easiest way to get your credit going well is a car loan for a relatively small amount and establishing a history of paying it back.
CaladanMaleCanada2008-07-15 11:05:00
CanadaImporting a Canadian car to the US
I think we had to pay around $80 for ours, but I'll check with C. later. He has a Chevy Venture.
CaladanMaleCanada2007-08-03 19:00:00
CanadaImporting a Canadian car to the US
Basically, it's a form from the manufacturer of your car that specifies whether it's up to EPA standards and vehicle safety standards for the U.S. You get it by contacting the dealer or the manufacturer and giving them your VIN, and they look it up in the system and send you the letter.
CaladanMaleCanada2007-08-03 17:30:00
CanadaImporting a Canadian car to the US
It's not hard, treble, and you can trust flames' links. We imported C.'s car with no trouble at all with proof of ownership plus the compliance letter from the manufacturer. The border people hadn't done one in a while, but they were happy we were well prepared (normally they just give people the forms and tell them to go to the DMV.)
CaladanMaleCanada2007-08-03 17:17:00
CanadaWatch your bank closely.
My BoA hasn't show any differences; let's not mistake a coincidence for a policy change.
CaladanMaleCanada2008-09-24 16:33:00
CanadaCanada doesn't have my medication...
My mother-in-law works for the post office, and has suggested that if people wish to reduce the chances that medication will get confiscated during shipment, that they write 'seeds' on the slip. (In case it rattles.) I mention this just for the general interest.

There's a lot of small differences in drugs between the two countries, even for things that don't have street value, due to the different regulatory practices. It might not be price; there are things you can get over the counter in Canada that aren't for sale here.

Since this is a serious medication for you, DeadPool, would it be possible to work out a larger prescription (for six months) with your doctor and the pharmacist, so that you would only have to make the trip once every six months or something, at least until you're more settled and can consider (if you want) switching to a replacement med?
CaladanMaleCanada2008-09-25 10:31:00
Canadamoving to US
If her insurance is through a group plan from her employer, she'll be able to add you and your pre-existing condition won't be a problem. You will need to get a SSN, usually, before she would be able to add you to her plan. You'll have to read up on the details of her policy through work; every policy varies. But on the assumption that you two marry, and her plan is through work, and it covers prescriptions, she'd be able to add you and you could get your meds through that plan here.
CaladanMaleCanada2008-09-25 16:23:00
CanadaIf it wasn't for immigration
Ooh, good question.

Thinking about it honestly, I think immigration might actually have delayed when we could get married. I didn't want to rush into anything, and we'd been dating three and a half years when C. proposed. But if there hadn't been a border, he probably would have moved here much sooner, so we might have felt ready to be married sooner. In any case, I didn't want to rush into a marriage just to get him here.
CaladanMaleCanada2008-09-24 08:20:00
CanadaLesbian Couple Wants to be Together
QUOTE (JillA @ Sep 30 2008, 10:11 PM) <{POST_SNAPBACK}>
Now that gay marriage is legal in California, I wonder: If you are a resident of California, can you apply for a same-sex Fiancee Visa?? It should be allowed, since you are allowed to marry yes?


The Federal government doesn't recognize same-sex marriage, even if the states do, unfortunately.
CaladanMaleCanada2008-09-30 21:13:00
CanadaLesbian Couple Wants to be Together
QUOTE (SpiritAlight @ Jul 5 2008, 11:39 AM) <{POST_SNAPBACK}>
If gays/lesbians can get married in California and Massachusetts then why can they not get married there and then apply for AOS?

Being that U.S. immigration is arcane and antiquated, perhaps the only one that is truly modern method would be Quebec's; they even recognize common law couples for immigration do they not?
Yes, Quebec's immigration is separate from the rest of Canada!!!

I wish for you that you find a way and be together.
Perhaps for now, it can be long visits to the U.S. for the CDN partner.
star_smile.gif


The federal government doesn't recognize same-sex marriages for the purposes of immigration. Each state gets to make their own decision.

Marrying someone else for the purposes of getting to be with your partner would be fraud. Better to move to Canada where it's legal. Alberta's quite nice but IIRC it's been dragging its heels over same-sex marriage. One of the other provinces might be more amenable.
CaladanMaleCanada2008-07-19 11:34:00