ForumTitleContentMemberSexCountryDate/Time
CanadaThe IRS/CRA Income Tax Thread
Hey y'all,

I would like some advice on a theoretical situation. I'm about to be a dual US-Canadian citizen, presently living in Canada and telecommuting to work for a company in Quebec. Presently I file taxes with the IRS (using the 2555 EZ to exclude my Canadian income), the CRA and Revenu Quebec. In the future we may be moving back to the US, and I may continue working for the Canadian company, while living in the US. The Canadian company does have a few people on contract in the US, but no employees, or business presence there, and I imagine they would continue to pay me in Canadian dollars, although perhaps to a US bank account. I would likely prefer to remain an employee (unless I learn it's better otherwise). In this case:

1) Would the Canadian company still withhold both federal and provincial taxes for me?
1a) If so, I understand that I would then file with the IRS using a foreign tax credit or deduction, to ensure I am not double taxed under the tax treaty.
1b) If so, would I continue to file taxes in all three locations (US, Canada, and QC)? I know from reading the rest of this thread I wouldn't normally continue to file Canadian taxes as a non-resident, but what about QC, is it the same (I would guess so)? Would I need to file a state tax return for whereever I would be living as well?
1c) If so, does that mean my returns would essentially look the same as they do now in terms of how much tax I end up paying to the various goverments?

2) Any guesses as to whether it would be more advantageous (eg, letting me keep more of my money) if I were to be considered a consultant rather than an employee of the same company in otherwise the same situation? (I assume the only difference would be that the company wouldn't withhold tax?)

3) Not tax related, but does anyone know how it would work in terms of health care benefits, eg, presently one benefit is health care coverage (on top of the provincial coverage, including prescription drug coverage). Would this coverage be able to continue if I was living in the US, or would I have to find my own private insurance in the US?

Thanks for any help or advice - or pointing me in the direction of finding my own answers even. I figure if anyone knows anything about this sort of situation it's someone on VJ!

Elly
elsoarNot TellingCanada2009-03-31 19:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDCF processing times
QUOTE (LeprechaunSean @ Jun 10 2009, 10:27 PM) <{POST_SNAPBACK}>
I'm going to file two I-130's for my wife and son at the vancouver consolate sometime in the next two weeks, and I'm wondering how long it actually takes, from the time you file until the interview in montreal and then the approval. If anyone has gone through this, or know something about how long this takes (on average) please help me out. Thanks...


Processing times vary widely by consultate - from about 2 months to much much longer. In Canada, it seems the average is about 6 months for the whole DCF process. We're finishing up the process now in Canada and have the final Montreal interview next week - we started the process in February. I've posted a lot of details including the various packets we've been given on different threads, so you can click my username and check out my other posts if you like.

Also, I saw your other question in the DCF forum - from what I understand the USC only needs to continue to reside in the country where you file for the I-130 process, which takes about 2-3 weeks total. Some people in other threads have said you could move back to the US right after filing the I-130 at the consultate. And it might be slightly different than in your case, but my Canadian husband and I have visited the US a few times during the process without at trouble at the border, not even asked for proof of ties.

Ps. If your son is yours biologically or by adoption wouldn't he already be a USC?
elsoarNot TellingCanada2009-06-11 18:57:00
K-3 Spouse Visa Process & ProceduresK3 pending vs Working in Canada
QUOTE (trailmix @ Oct 12 2007, 11:30 AM) <{POST_SNAPBACK}>
Entry to the U.S. while Petition is Pending

...truncated to shorten length..


I thought I read that a few places but the way I seem to understand this is... I have a permanent job within the government...so, I can carry my case info, a recent pay stub or two, a recent bank account statement and ask my employer for a letter and all should be fine..or I would hope. Perhaps I should just drive to Virginia if I decide to visit so I can turn around without losing money on a plane ticket -if- denied. smile.gif

Thanks for the honesty..I'm sure we'll have obstacles along the way but we'll make it through! good.gif
Scott'n'NatalieNot TellingCanada2007-10-12 10:47:00
K-3 Spouse Visa Process & ProceduresK3 pending vs Working in Canada
QUOTE (MargotDarko @ Oct 12 2007, 11:06 AM) <{POST_SNAPBACK}>
No, applying for an immigrant visa does not prevent you from travelling to the US in the meantime. It's no different from the K3 process in that way. You could legally travel back and forth while in the process and legally continue to work in Canada without any hassle. In fact you should bring proof of your job in Canada so that at the border they believe you'll be returning and not trying to settle in the states before you have your visa.

The immigrant visa option (that's if you file just the I-130 and follow it through to the end, resulting in a CR1 or IR1 visa - CR1 if you've been married less than two years and IR1 if you've been married more than two at the time of moving) is definitely better.

Aside from less paperwork, it costs less money and you will be able to work in the states right away instead of having to wait for EAD. So actually if you were planning on continuing to travel back to Canada for work until you had the EAD, you might as well go for the CR1/IR1, save the money, and be in the states around the same time as planned. Does that make sense? smile.gif


Wow..it actually does!

I didn't realise we were complicating our lives..already we were originally thinking of going the fiancee (K1) path until marriage seemed like the better monetary option allowing me to work here in the meantime. This...is wonderful news!

Thank you -so- much!! You and others that have responded have made my day..and week! star_smile.gif
Scott'n'NatalieNot TellingCanada2007-10-12 10:24:00
K-3 Spouse Visa Process & ProceduresK3 pending vs Working in Canada
The glories of the Web..so much information yet, you can't always be sure on accuracy. Thanks for clarifying the citizenship aspect. It's very much appreciated!

This still brings me back to square 1...
K3 allows traveling between Canada-US..
CR(IR)1 prevents me to travel to the US..

Both cases would allow me to work back home (if legal?) but if they relatively take the same amount of time..why go for the CR(IR)1 option? Less paperwork I can see but aside that?

I don't mean to be a pest and it's very much about personal preference I suppose but I can't seem to identify the advantage. mellow.gif
Scott'n'NatalieNot TellingCanada2007-10-12 09:56:00
K-3 Spouse Visa Process & ProceduresK3 pending vs Working in Canada
QUOTE (fwaguy @ Oct 12 2007, 10:33 AM) <{POST_SNAPBACK}>
Instead of K-3 and all the hassles of AOS & EAD why not just go straightforward for the CR(IR)1 visa?

My understanding of the CR(IR)1 is that I will need to revoke my Canadian citizenship in time to become American. I rather avoid that. innocent.gif

Edit: Oh and I would like to continue to see him (hear visit) while we are in process since it takes so long..

Edited by natb, 12 October 2007 - 09:41 AM.

Scott'n'NatalieNot TellingCanada2007-10-12 09:38:00
K-3 Spouse Visa Process & ProceduresK3 pending vs Working in Canada
Greetings all,

I've unsuccessfully tried to find this information online so now ask you for a helping hand.

My partner and I have been debating to go down the K3 route to ultimately be together in the US as soon as possible. We looked into the K1 but being able to travel back and forth between Canada/US is attractive while waiting on the case to be resolved. Question is...money/work. Here's what we were planning to do if it's all legal and works..

1. I visit him on a travel visa in Nov, we get married.
2. We start the K3 process with the I-130 and I return to Canada to work
3. Approved, apply for the K3. Approved, AoS + EAD.
4. Move to the US once the EAD is approved and work

I know all of this will take time but is it feasible?
Am I allowed to return to Canada and continue work while applying?

Thanks in advance!
Scott'n'NatalieNot TellingCanada2007-10-12 09:24:00
CanadaFellow Canuck starting this long road of pain.
Hi all..yet another newbie here about to hop on the bandwagon but first, thank you Trailmix for pointing me to this Discussion group. It'll be nice to talk to people in similar settings/situations to get through this..

You know, I was pretty much convinced the CR(IR)1 was the best path to take but then seeing how much time it takes I'm a bit reluctant..or worried. I'm near Ottawa (except on the Quebec side) and ultimately I want to be with the man I love but I also want to be able to work as soon as possible.

We were originally thinking of going with the K1, thinking it would be easy to just get a EAD but then saw the process time..and needing to go through it again as soon as we marry. This meant that I'd not be able to work for about 3mo and though he can support me, I'm still a bit independant and need to work to pay the mortgage of my house in Canada until it sells. (Market isn't doing too good right now.) sad.gif

We then opened up to the idea of getting married next month (instead of engaged) thinking it would be quicker, would allow me to keep working here while waiting and also allow me to travel(compared to the K1). This opened the doors to K3 or CR(IR)1. With a possible job that's supposed to open up in Jan, I was all excited thinking..we might just be the luckiest people on earth all of a sudden! Looks like it was a mirage though..as it seems impossible for things to happen so fast even if our case is very simple.

CR1 costs less...K3 is a lot of paperwork..but K1 seems fast? With so many that have or are going through these experiences, which one would be the fastest to allow me to work there (Virginia)? Would it still be the K1?

Thanks a bunch!
Scott'n'NatalieNot TellingCanada2007-10-12 18:01:00
CanadaCR1 MTL Waiting to Interview
QUOTE (C&C @ Oct 13 2007, 02:35 PM) <{POST_SNAPBACK}>
I sure wish this forum would let you edit your posts more than 30 seconds after you've finished.

I don't know if this is reliable info but the comparative table shown and the DCF comments fit what I think I've been hearing here so far:
http://www.immihelp.com/visas/kvisa/


I scanned through that (and other) websites and found that Canada isn't eligible for the DCF..of course! I can't seem to be able to post the complete link..grr.. http://www.immihelp.com/greencard/ ***removed***/ direct-consular-filing.html


We aren't married yet..we're trying to figure which procedure would work fastest I suppose. K1 seems to be it but the disadvantages of needing travel authorizations and not be able to work for a few months is swaying us away from it. Guess we should talk to an attorney or something for advice. If the K3 aren't processed in Ottawa which I need to confirm still then I suppose it'll only make sense to just stick it out another year and go with the CR1. :/

Edited by natb, 13 October 2007 - 02:15 PM.

Scott'n'NatalieNot TellingCanada2007-10-13 14:11:00
CanadaCR1 MTL Waiting to Interview
This is all really convincing me to go the K3 route. wacko.gif
Scott'n'NatalieNot TellingCanada2007-10-13 11:05:00
CanadaDiffering name on IDs and Birth certificate
QUOTE (Delicia @ Nov 26 2007, 08:42 PM) <{POST_SNAPBACK}>
When you get married, you can change your name to whatever you want it to be so just sign your marriage certificate how you want your name to be. I don't think this will cause any concern for immigration since your passport seems fine.

Problem there though is that the Court clerk didn't give us a choice and used the name on my birth certificate. All other documentation aside my birth cert. (and now marriage certificate to be) has my name as Natalie SURNAME. That's my driver's license, health card, passport...etc

So..should I:
1- file as Natalie SURNAME since it's the name I use (and who the government et al. know me as) then indicating X Y Natalie SURNAME in other name used (on the forms)?
2- file with the name on my birth certificate and add my actual as other name used(on the forms) since all supporting/required documents won't match?
Scott'n'NatalieNot TellingCanada2007-11-26 21:15:00
CanadaDiffering name on IDs and Birth certificate
We went to get our marriage license today and stumbled onto an unexpected issue..my name.

I've always been Natalie X SURNAME, that's what all my IDs have (incl. drivers license, Health card, passport..) and well.. it's my official name. Thing is though, my birth certificate has is listed as SURNAME, X Y Natalie and this caused us some issues as I wasn't allowed to sign as Natalie.. which gave us no choice but to have our marriage license list me as X Y Natalie SURNAME. Heck, I had to swear that it was accurate information..

We're getting married on Dec 1st, my I-130 forms and all have been filled as Natalie (first name) but I'm wondering..if the court has been a pain over this, will Immigration or can I just list the X Y Natalie name as a alias or Other known name? The only place my name is written like that is my birth certificate. sad.gif

Does anyone have any advice on this? We want to make sure this won't create problems before we file.
Scott'n'NatalieNot TellingCanada2007-11-26 19:54:00
CanadaAnd still no news..
Thanks for the encouragements. I knew it would be a waiting game but I didn't figure it would take this long..and yes, I know it's only been 5 months. I have been thinking about the whole CR1 vs K3 and am leaning towards the CR1 more than anything, if not to 'save' a little money and opening the option of working sooner.

I suppose it's time to continue downsizing to have less things to move. The whole unknown is frustrating though and I'm sure we go all through it..to sell the house or not, to start packing or not, to plan trips a few months ahead or not.. heh

Thanks again..and hope you all are hanging in there too!
Scott'n'NatalieNot TellingCanada2008-06-12 16:31:00
CanadaAnd still no news..
Hello guys,
I've been trying to keep on top of some threads to get advice and am a little confused now. Hope someone can help. sad.gif

As you can see by our timeline, we've sent the I-130, got NOA1, then sent I-129F and have been waiting since. This is what we were encouraged to do back when in hopes that one of the application would be approved. I've been checking the Processing Dates on the USCIS Website and see they aren't changing much and I don't want to say I'm discouraged as it's only been since January but is there anything else I can do to either have an update or help things move forward?

Thanks!
Scott'n'NatalieNot TellingCanada2008-06-03 08:05:00
CanadaWoo hoo
Sweet! Congrats once more and good luck on the move.
Hope you have a wonderful wedding day.
Scott'n'NatalieNot TellingCanada2008-06-27 13:00:00
CanadaWoo hoo
So..I haven't read all thread in the Forums yet as I'm really supposed to be 'working' but...what's in the 'DO NOT OPEN' package usually? biggrin.gif
Scott'n'NatalieNot TellingCanada2008-06-27 12:14:00
CanadaK3 and CR/IR cases in process
Quick question which I haven't been able to find an answer to.

The hubby (the petitioner) got the NOA2 on both I-129F and I-130 cases on the same date. Both indicated what was being sent to me.. the first being a package for me to work on and get moving for the interview, the other is a form to declare an agent in the US to speed things up due to snail-mail delays and such.

I've received the package for the K3 last night. I've started gathering all I need (renewing passports, booking the medical.. ) but here's the question...if we want to stick with the I-130 as it seems to be going just as fast, when do we back out from the K3?

I might be wrong in assuming both are going just as fast based on the notices of action but I'm not entirely sure. Am I getting ahead myself by getting all that's noted in the K3 package so that I'm ready when I get the other? Should I continue with both till I get to the point of an interview date? Though we'd love me to move ASAP, it would be nice not to have to wait for me to be able to work which seems to indicate that the K3 would slow that down a little.

Thanks for all the responses.
Scott'n'NatalieNot TellingCanada2008-07-15 13:31:00
CanadaChanging your name
Heh..names..I'll keep this short but I've also been having problems with that.

My birth certificate has my name read as follow:
(1)GRANDMOTHER's NAME - (2)GODMOTHER's NAME - (3)MY FIRST NAME - (4)SURNAME

French Catholic tradition (as per my parents) is to have the actual child's name just before the surname. I'm not sure how common or not this is as I never thought any different until now but all my documentation (IDs, provincial and federal gov accounts and whatnot) is using my own first name and surname.. dropping the first two as they are considered "middle names".

The US Courts refused to do anything different when we got our marriage license and forced us to use the order on the birth certificate. Which meant that any application I-130 and I-129F was using this to keep things coherent.

Guess what? My passport (driver's license, medical card...) doesn't use that and I just got the NVC package which requires me to explain why..again, even though we supplied affidavits and all. And now I'm also being asked why I'm not using my married name.. wacko.gif
Scott'n'NatalieNot TellingCanada2008-07-15 13:09:00
CanadaMy Montreal Review
Hey...that was an incredible recap of the whole event. Certainly useful.
Thanks for the post and CONGRATS!
Scott'n'NatalieNot TellingCanada2008-06-26 08:32:00
CanadaImporting a Canadian car to the US
Ahh lovely thread which had me call my car company right away. I'm in a similar situation as another poster here, my car is financed with Chrysler Canada and they told me I cannot be outside of Canada for more than 3months, for insurance reasons the person could not explain to me. So in the end she elaborated on my options..
1- Pay the car off. I still have $11k left on it.
2- Sell it
3- Transfer it to someone that will take the rest of the contract out of my hands.

Not the news I was expecting to hear..especially since I need a car to move my 3 cats! sad.gif
Scott'n'NatalieNot TellingCanada2008-06-27 13:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNOA1 to NOA2 Timeline
Thankies! Had I known I could copy/paste and add myself I would have. laughing.gif
Happy Valentine's days all..even though it's a couple days ahead!
Scott'n'NatalieNot TellingCanada2008-02-12 21:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNOA1 to NOA2 Timeline
Never thought I'd go for this but I've found the people here so helpful and nice! We just got out NOA1!! I think, if anyone's still maintaining this list..that Scott'n'Natalie can now be added! WOOT! What a nice gift for Valentine's day...we'll probably file the I-129 within a week or so to see which comes first. smile.gif

Filed I130 Jan 2 2008
Got NOA1 Feb 12 2008

Crossing my fingers and hoping to send some angel dust all your way!
Scott'n'NatalieNot TellingCanada2008-02-12 20:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 NOA-1s recently received
Just wanted to say hi and thanks for keeping this list. I'll surely keep an eye on it, we just filed Jan 2nd so..well, we have a while to go I suppose. dry.gif I'll let you know when we hear anything. Fortunately the time lapses seems to decrease.

Cheers!
Scott'n'NatalieNot TellingCanada2008-01-16 09:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWe final received our approval email from Vermont
Conga-rats!! We just got an email yesterday too. Both cases were approved! hehe
YAY! Things are moving at VSC!
Scott'n'NatalieNot TellingCanada2008-06-26 08:10:00