ForumTitleContentMemberSexCountryDate/Time
CanadaMy last year filing taxes in Canada.

Hi Everyone,

What :angry: ? I'm supposed to tell the Canadian government that I left the country for good and ceased to be a resident there? I thought I could just "pick up my stuff and run/drive" and happily continue my life here in the USA? I guess not then, regarding the Canadian paperwork trail.

Like the original poster of this message thread,

I'm not sure what I do. I have no income to declare. Should I phone (or write or e-mail) and tell them that I am moving (moved) to the US? Is there a form I have to fill out? I've always used an Accountant in the past (and I am somewhat clueless about taxes).


I have nothing left in Canada (except for my cat that I had to leave behind with my so-called-ex-family, and I don't think she as a pet counts for taxes) and I still have a Canadian passport in my old name. I don't have any financial (I closed off my Canadian bank account) or property (I didn't own proprety there) ties to Canada either. However, I did attend school in while in Canada, and I think that I would get a T20A form for part of 2006.

So, what should I do? Should I fill out that NR-73 forms or other forms? Should I file my 2006 taxes (even though I don't owe them anything). Any comments, ideas, or thoughts would be greatly appreciated. Thanks.

Ant


You have to file a Leaving Canada return, even if you have no income, because there are benefits that you have to pay back when you cease to be a resident of Canada and they want to make sure that none of those conditions apply or if they do, send you the bill for it...

The NR-73 is an optional form and personally I wouldn't file it unless I was asked to in writing from CRA...

Definitely send CRA a letter telling tham you have moved and your new address in the US and send it to your Tax Centre that has jurisdiction over your residence. It may or may not stop any benefits that are coming to you such as GST Rebate and Child Tax Rebate. If it doesn't, CRA will ask for the money they gave you while you were in the US back when you file your Leaving Canada return...
zyggyNot TellingCanada2007-01-30 10:03:00
CanadaMy last year filing taxes in Canada.
If you own a house and you are not going to rent it out, you will be considered a deemed resident of Canada and will be subject to taxes on your worldwide income to Canada ... basically you'll have to pay the difference between what you pay in the US and you pay in Canada... In this case, you probably have to file married filing separate in the US in order to keep your husband's income out of the equation as far as CRA is concerned. The thing is that you take some pretty big tax hits by filing as married filing separate in the US...

If you own a house and will be renting it out, you have to file the leaving Canada return, but you will have to pay taxes on the rental income to CRA and will have to file a non-resident return each year to report your rental income and determine the amount of tax that you will have to pay to CRA. You will also have to report this income on your US 1040 and claim a foreign tax credit for the taxes that you paid to Canada...

Revenue Canada considers having a house in Canada a pretty big tie... even if you are renting it out, they may still consider you a deemed resident of Canada if you have some other ties in place... (kids, RRSP's, banking, etc.).. You may wish to consider selling your house in Canada prior to your arrival in the US, or ask for their thoughts before you leave by calling them (call the direct number to the international tax services office, do not call the general CRA line), so that you don't get hit with some unanticipated tax consequences. They are very helpful and will be more than willing to guide you...

If you are going to have a house in Canada while you are living in the US, this would be a good case of one voluntarily filing a NR-73 to determine what your tax status will be... but I would have the conversation with CRA and/or a cross border tax professional to the right direction to go...

Edited by zyggy, 22 January 2007 - 08:51 AM.

zyggyNot TellingCanada2007-01-22 08:28:00
CanadaMy last year filing taxes in Canada.

Personally.. I wouldn't file the NR-73 unless CRA asked me to in writing... I would just file the leaving Canada return...

If they determine that you are a deemed resident after you file it, you are in a world of tax problems... why needlessly run the risk that they find against you by voluntarily filing that form...


Where does a person get this "leaving Canada" tax form, is it available for download anywhere? Or does one need to call and request it, and they mail it? I left Canada on January 4th, by the way ... does this mean I have to file a 2007 return too because I was in Canada for a couple days? (I was actually in Seattle for New Years and New years day, so I was literally only in Canada on the 2nd-4th.) Seems stupid if I did, but I was there...

-Eli-



You file a leaving Canada return by filing a plain old T1 but you place the date that you left Canada on Page 1 in the space provided... and yes, you would not file a leaving Canada return until 2007 if you left Canada in 2007. However, if you backdated your leaving Canada date to late December, I doubt anyone would call you on it... You could argue that you actually left Canada when you went to Seattle the first time...

You do not file the leaving Canada return to your normal Tax Office and it cannot be efiled. It has to be sent to the International Tax Services office in Ottawa...
zyggyNot TellingCanada2007-01-19 15:25:00
CanadaMy last year filing taxes in Canada.
Personally.. I wouldn't file the NR-73 unless CRA asked me to in writing... I would just file the leaving Canada return...

If they determine that you are a deemed resident after you file it, you are in a world of tax problems... why needlessly run the risk that they find against you by voluntarily filing that form...

Edited by zyggy, 18 January 2007 - 07:07 AM.

zyggyNot TellingCanada2007-01-18 07:05:00
CanadaMy last year filing taxes in Canada.

I just received my 2006 tax package from Rev Canada today (here at my Boston address).
I usually e-file though, so I don't use it.



We can e-file? I thought I'd read somewhere a while back that we have to snail mail our stuff in if we're not living in Canada... could be mistaken though! E-filing would be much easier.



You cannot efile a Leaving Canada return. It must be mailed to the International Tax Services Office in Ottawa...

Edited by zyggy, 17 January 2007 - 09:11 AM.

zyggyNot TellingCanada2007-01-17 09:10:00
CanadaMy last year filing taxes in Canada.

This is such a great question. I was just trying to fill out the NR-73 Determination of Residency Status (leaving Canada) and feeling a bit overwhelmed by teh whole thing. I just left Canada in December and still have bank acounts and driver's licence, but of course eventually that will change. My head is spinning right now. Some of these questions are just crazy! Ah, the paper trail never ends...



The NR-73 is not a requirement, it's you just getting their opinion about your residency status in advance... All that is required is filing a leaving Canada return. You do this by submitting the same T-1 for the province that you lived in when you left and placing the date you left Canada in the box on the first page... If you have no income in 2006, that's all you pretty much all you have to do...

However, if you get EI during 2006 in the US, you can get a refund of a portion of the Non-resident taxes that you paid. You file a Section 217 Return... if you do this, you treat the income earned by the EI the same as if you earned it in Canada in terms of your personal worldwide income (income earned in the US + your EI income. If the amount of taxes that would be charged is less than the 25% non-resident tax that they withheld, then you get the difference back. If your only personal income for 2006 was the EI, the refund could be significant. My wife got a $2,500 refund back last year by filing a Section 217 return...

If you lived part of the year in Canada and part of the year in the US, you can file a partial Section 217 return...

Edited by zyggy, 17 January 2007 - 09:09 AM.

zyggyNot TellingCanada2007-01-17 09:08:00
Canadacanada tourist visa?

Thank for the information.. Should I tell and write the real reason why i will be going to Canada?
And besides i have my daughter here in the Philippines, good reason enough to be back here in the Philippines,.... Will it help my application for the tourist visa if i tell the truth in my application?
I hope anyone will share something...

Thanks



Yeah.. tell them you want to visit Canada to see your fiancee because the US refused you for a tourist visa due to immigrant intent issues with your fiancee. Also tell them that you are currently applying for an immigration visa and give them a copy of the NOA's showing that you have done so. I think that once you have done that, getting a visitor visa to Canada will be easier...

Edited by zyggy, 07 February 2007 - 08:52 AM.

zyggyNot TellingCanada2007-02-07 08:51:00
Canadacanada tourist visa?

Hello everyone.... Anyone here know how to visit canada as a tourist using tourist visa..?
Im planning to go there ASAP... Is it really important to have a friend of a relative from there to make an invitation? Im planning to have only two weeks visit there to meet my fiance from New Hampshire....
Anyone pls help///
Thank you




Canada has the same rules regarding immigrant intent as the US...

However, if you have proof that you are going through the immigration process in the US, that will likely help you in getting a Visitor Visa to Canada as your immigrant intent is to the US and not to Canada...
zyggyNot TellingCanada2007-02-05 13:09:00
CanadaCollege Financial Aid for K-2's
Nope.. you have to be a resident alien to qualify for any financial aid...
zyggyNot TellingCanada2007-02-08 15:26:00
CanadaTravel Restrictions after married
You can take a Hawaiian cruise, as long as the ship you're doing it on is a US Registered SHip. If a cruise ship is exclusively going to be in US Waters, that ship must be US Registered. Most (if not all) of the Hawaiian Cruise ships that leave from Honolulu are US Registered ships.

If you do a Hawaiian cruise, make sure that your ship is a US Registered Ship and will not be leaving US Territorial waters..

Edited by zyggy, 08 February 2007 - 03:36 PM.

zyggyNot TellingCanada2007-02-08 15:35:00
CanadaTravel Restrictions after married

So let me make sure I get this right:

Once I enter the US and get married I submit my EAD, AOS.

EAD - will take approx. 3 months to get and is valid for 3 months

You're confusing the JFK-issue EAD (hardly applicable to Canucks--rather inconvenient and expensive to arrange flights to ensure customs/immigration clearance at JFK) with the plain-jane EAD. The latter (which is the one which takes about 3 months to get) actually has validity for ONE YEAR (from issue date).

AOS- will take approx 6-18 months to get and I can only travel to Canada with an AP, which takes approx. 4-5 months to get. Once I get the AOS, I am then a Conditional Permenant Res., until I have to ask for the restrictions to be remove after the two years are up?

Also, validity of AP is one year (from issue date).

Generally, AP and EAD tend to arrive simultaneously



Actually going through Immigration at JFK from Canada is now impossible as the last Canadian airport that has flights to there (Halifax) now has a PFI station...

Not quite true, as it IS possible to book a flight from a Canuck airport to Heathrow (or any other major European hub) and then return to JFK--though I covered that case with my comment of "extremely expensive and inconvenient".


Chuckle... true enough Sriniv... Very good observation...
zyggyNot TellingCanada2007-02-06 13:18:00
CanadaTravel Restrictions after married

So let me make sure I get this right:

Once I enter the US and get married I submit my EAD, AOS.

EAD - will take approx. 3 months to get and is valid for 3 months

You're confusing the JFK-issue EAD (hardly applicable to Canucks--rather inconvenient and expensive to arrange flights to ensure customs/immigration clearance at JFK) with the plain-jane EAD. The latter (which is the one which takes about 3 months to get) actually has validity for ONE YEAR (from issue date).

AOS- will take approx 6-18 months to get and I can only travel to Canada with an AP, which takes approx. 4-5 months to get. Once I get the AOS, I am then a Conditional Permenant Res., until I have to ask for the restrictions to be remove after the two years are up?

Also, validity of AP is one year (from issue date).

Generally, AP and EAD tend to arrive simultaneously



Actually going through Immigration at JFK from Canada is now impossible as the last Canadian airport that has flights to there (Halifax) now has a PFI station...
zyggyNot TellingCanada2007-02-06 11:27:00
CanadaTravel Restrictions after married

So let me make sure I get this right:

Once I enter the US and get married I submit my EAD, AOS.

EAD - will take approx. 3 months to get and is valid for 3 months

AOS- will take approx 6-18 months to get and I can only travel to Canada with an AP, which takes approx. 4-5 months to get. Once I get the AOS, I am then a Conditional Permenant Res., until I have to ask for the restrictions to be remove after the two years are up?

Do I have this straight?



EAD is valid for a year...

You also submit the I-131 for AP at the same time as AOS as well.. EAD and AP are usually issued very close to each other... minimum of 3 months but can take as long as 4 to 5 months...
zyggyNot TellingCanada2007-02-05 15:12:00
CanadaTravel Restrictions after married

Do you know how long the process is to secure an AP?



Minimum 3 months... more like 4 or 5...
zyggyNot TellingCanada2007-02-05 13:50:00
CanadaTravel Restrictions after married

WOW! I thought I couldn't travel home for two years, until my conditional permanent residency was lifted. THANKS!



A Conditonal Permanent Resident is still a permanent resident... There are no differences other than you have to apply to have the conditions removed after 2 years...

ANd in the interim between the time that you file for AOS and you get permanent residency, you can travel to Canada on AP...
zyggyNot TellingCanada2007-02-05 13:25:00
CanadaTravel Restrictions after married

How long does the AOS process take?


6 to 18 months depending on where you live...
zyggyNot TellingCanada2007-02-05 13:07:00
CanadaFiling tax in US?

sorry folks! i should give out more information!!


In 2006, i lived in Canada, so, i was just wondering how can my hubby to filing his tax return for 2006, shoud i need to file US tax too?

should i under the non-resident alien or resident alien catagory in his tax return (cuz he does support me during the 2006)



Whether he supported you or not is not of consequence with regard to US Tax law... Where you were living and your marital status in 2006 does...

It would be more advantageous for your husband to file as married filing joint and exclude any Canadian Income that you have... File Form 2555EZ with your joint return to exclude any foreign income with a letter stating that you elect the alien spouse to be treated as a resident alien for tax purposes for 2006.

Edited by zyggy, 09 February 2007 - 02:11 PM.

zyggyNot TellingCanada2007-02-09 14:08:00
CanadaFiling tax in US?

Both of you will need to file for taxes for the 2006 year. You can either do married filing jointly or married filing singley. Doesn't matter (just usually with married filing jointly you might get more back if your a home owner and other equity type things). If you're using the basic 1040EZ forms then it probably won't make any difference.

We file married filing single as I have one W2 and my wife has several and I also have investments to put down, so it just makes filliing it out easier as I can easily go online and she usually goes to one of the free places...



Actually it does make a difference .. a big difference if one files as married filing joint vs. married filing seperate... For $50,000 in income, it's a $2,700 difference...

And you both must file in the US as your alien spouse qualifies as a resident alien for tax purposes due to the substantial presence test...



Both of you will need to file for taxes for the 2006 year. You can either do married filing jointly or married filing singley. Doesn't matter (just usually with married filing jointly you might get more back if your a home owner and other equity type things). If you're using the basic 1040EZ forms then it probably won't make any difference.

We file married filing single as I have one W2 and my wife has several and I also have investments to put down, so it just makes filliing it out easier as I can easily go online and she usually goes to one of the free places...



Hey Warlock.. want to let me do your taxes.. I'll split the tax benefits with you...

Seriously, file as married filing joint... you're letting the US Government take a whole bunch of your money...
zyggyNot TellingCanada2007-02-08 15:30:00
CanadaCanada....what a place!

I thought it was 18% cream in Canada!! Yep it does make a huge difference



Yeah.. you might be right... it makes a HUGE difference...
zyggyNot TellingCanada2007-02-13 15:14:00
CanadaCanada....what a place!

Well, I would love to have Timmie's here in Georgia too. Another VJer who used to live in my hometown so kindly sent me a can of Tim Horton's coffee last fall when she went home for a visit - it was WONDERFUL! Although, come to think of it, the US Tim Horton's (Michigan, anyway) was not nearly as good as the ones just the other side of the border. I sure hope that was just an abberation! Dunkin' Donut coffee - vanilla flavoured - is what I make do with here . . . not the same but not nearly as harsh as most US coffee. Even the coffee I make at home isn't as mellow as Timmie's unless, of course, it is Timmie's. I am hoping my Dad will take pity and send me some soon - I've asked him, but he keeps forgetting:-).



US Timmies is different because they use 14% cream in Canada and only half/half here...

It makes a big difference in taste...
zyggyNot TellingCanada2007-02-13 11:36:00
CanadaIdeas on what to do next?

Social Security can't or won't even tell you if a card has been issued?


First time he was there they made a typo. They wrote "th" as his street (we are on "4th") they blaim him for the typo, and they won't help him, give him any info as to whether they did or did not mail one, and I called the 800# for them, they said "he has to go to office that made the typo, we can't correct it" So that was a lot of help (not!).

He was able to finally wrangle the # out of them (printout) but that was about it. 3 times there and each time he comes home very angry (not ez to get this guy angry either). I am thinking maybe he goes to another city? and tries there? Cuz our local one is not caring, and not helping.



Potentially DUMB question. Regarding his CR-1, the original letter came from Texas Ctr, and that is where we mailed the passport copy; Will going to our Local Infopass (Laguna Niguel) work?



Yes.. going to Laguna Niguel will definitely work... you can get some answers there..
zyggyNot TellingCanada2007-02-15 16:11:00
CanadaIdeas on what to do next?
Agreed... I would go with Infopass at the DO... they can get you more info than the misinformation line ever could...
zyggyNot TellingCanada2007-02-15 08:13:00
CanadaWhat Happens After We Get Married?
Why don't you check out the AOS forum and giude.. TONS of information there...
zyggyNot TellingCanada2007-02-16 10:53:00
CanadaMoving to canada


The thing is, you can't just take up residence in a foreign country without some kind of status. Do you plan to become a Landed Immigrant? Is there some kind of Work Visa for Canada? The fact that your employer is in Boston is a red herring. If you live in Canada legally, and have income there (from anywhere) you'll be on the hook for Canadian as well as U.S. taxes.

Or did you plan to do all this under the table? Maintain your Boston home and address, have your salary done by direct deposit to a U.S. bank, and somehow transfer it to Canada? Then you're at risk for immigration fraud, and possibly tax sanctions, and so is your employer.

It could be a long time before your girlfriend's affairs are settled. Do you plan to camp out in Toronto for months or years? And possibly make things worse for her just by your presence?

There's a Canadian girl here in Jersey who married a Yank and had two kids. Her divorce stipulates that she cannot move back to Canada with her teen-age boys until they're 18. She's homesick and miserable. Especially since her kids grew up in the States and don't want to move to Canada.

I say this because you're caught in a custody battle. You're miles away from a K3. When it's possible for her to marry again, she may not be able to take her daughter away from Toronto. That could be a deal breaker for your relationship.

Protect what you have, and what you have to offer. Stay in Boston, work hard, save your pennies, get yourself an Air Canada Aeroplan account, and take lots of trips to T.O. Visit, but don't make any moves. Let her legal affairs run their course and her wounds heal before you make big plans.

Or, are you willing to pull up stakes, move to another country, become a legal permnanent resident, and take on all the tax headaches? That's a pretty big decision when your girlfriend is still embroiled in a nasty battle with her ex.


ohh yeah basically my plan is to move up once the company says yes and apply for landed status since you can do that from inside canada. I will stay until the case is resolved. if we have to stay, its ok because her and her husband have a written agreement that the daughter can choose at age 8 which is 5 years from now. so thats my longest wait really. so no im not going to do anything shadey, if my company says no then i will still proceed with visa (marriage) and then apply for a job - living in toronto isnt really a big deal for me for 1-5 years. i know i will be filing taxes in both countries, fine as well. ill get the appropriate tax attorney. We have done this log distance thing for 2 years and its time to step up and since her ex changed his mind ill have to go there for a bit which is ok by me - i love the girl what can i say :)


Cruedog..

Have you gone to any Canadian Visa sites yet.. all of them will say that going through with the In-Canada Processing for permanent resdience is a bad idea. Almost everyone is recommending out-of-Canada processing. It's half the time and you have the freedom to come and go that is not there for In-Canada Processing. If you want to immigrate to Canada, suggest that you get married and apply for out-of-Canada processing.
zyggyNot TellingCanada2006-06-09 15:05:00
CanadaMoving to canada


Why not work on contract. My wife works on Contract for her old company she left in Canada. That way the company just writes out a check and writes it off as a business expense.. no further tax reporting required. If you want to keep your old benefits and whatnot.. fawgett about it.


No further tax reporting? That sounds to me like that is (in the US at least) self-employment/income, and must be reported (if required to file) on a schedule C and a schedule SE (if over $400). Not sure about the Canadian tax laws.



Except when its under 80k and its excluded...

And a Schedule SE is only for those within the US (you are not liable for self-employment taxes if you are not resident in the US).. Income earned outside the US is merely considered other income...

Schedules are only required for domestic income... Not for foreign income...

Edited by zyggy, 08 June 2006 - 04:00 PM.

zyggyNot TellingCanada2006-06-08 15:59:00
CanadaMoving to canada


However, there's extra taxation, paid to Uncle Sam, if you make over the threshold amount while living in Canada. Ask me, I've paid it.


Don't you get a credit for paying this tax on your Canadian return, which does eliminate the situation of double taxation.


If one sides taxes are more, you have to pay the difference...

For example, I make $100,000 US per year...

I would have to pay taxes on $20,000 since the US exclude the first $80k. Let's say that that amounts to $2,000 for argument...

Your taxes in Canada would be based on $110,000CAD per year. Let's say that that amount would be $41,800 assumeing a 38% tax rate.

Since you are resident in Canada, Canada has first crack at your money...

In this case, you would probably file a foreign tax credit on the $2,000 US based on the amount that you have paid in Canada, or you can pay the US, and take a $2,200 foreign tax credit on your Canadian return. But more than likely you'd take the credit on the US return. In no way should you be paying double on the same amount of money. The tax treaty does not allow for that. You should only be paying whatever the the higher tax burden amount is in either jurisdiction. The total tax burden may be split between the US in Canada in some ratio, but you should still be paying only that amount and no more.

If you did pay more, then you got screwed and you should get another accountant...
zyggyNot TellingCanada2006-06-08 10:57:00
CanadaMoving to canada

I am confused why he would need to pay extra taxes if he lives in Canada but works for an American company.
I live in Canada and work for an American company. I just collect my paycheck and that is it.
Why would this be different?



It's easy for a US Company that has a presence in Canada and witholds and pays Canadian taxes..

It's hard for someone who works for a US company that has no presence in Canada, gets withheld US taxes, and then has to file in Canada...

And there is no double taxation. The tax treaty doesn't allow that.... If you make more than the foreign exclusion and if Canada taxes you on that, then you can get credit for that tax as a foreign tax credit... or vice versa..

Edited by zyggy, 08 June 2006 - 08:28 AM.

zyggyNot TellingCanada2006-06-08 08:27:00
Canadais this possible?...

Doesn't the approved K-1 show you have intent to immigrate?



Indeed it does... you are ineligible for TN status...
zyggyNot TellingCanada2006-06-12 07:54:00
CanadaK3 interview paperwork in Montreal
Also do they want to see pictures? if yes about how many should we have?

Pictures have been requested of others in the past. You don't have to bring the gamut, but 2 dozen relevant pictures should suffice...

Do they accept photo copies of the papers they need or does it have to be originals? Or photo copies making

originals availible if needed? Sorry for so many questions just losing our minds here..

Make a photocopy of any originals. You will have to present the original and the photocopy to them. They will stamp the photocopy and give you back the original.

Edited by zyggy, 13 June 2006 - 02:29 PM.

zyggyNot TellingCanada2006-06-13 14:29:00
Canadahusband is paranoid


Moving to the US & Bringing Your Stuff

http://www.visajourn...topic=17422&hl=



Yeah, I sent that link to my hubby and that's what started his paranoia.



New Immigrants are permitted to import their used personal effects for up to 10 years without duty...

So no... there's nothing for him to worry about...

Edited by zyggy, 15 June 2006 - 07:20 AM.

zyggyNot TellingCanada2006-06-15 07:20:00
CanadaFingerprints for RCMP Check??

Ok- I've done a little more research on this whole RCMP police check and I'm curious to know if people who applied for the K-1 had to have their fingerprints done to get their RCMP police check? Someone from the RCMP just called me back to tell me that I have to first get my fingerprints done at the Commisionaire's, then send it in to the RCMP along with my request to get my check. She also mentioned the turn around time is 4-5 months and the check is only valid for 3 months. How does that makes sense if I only get a couple months notice for my interview date? When I phoned my local police (Ottawa police) they said their checks are nationwide and use the same system as RCMP and I can get it the same day... doesn't this sound more like what I need? If anyone can shed some light on this for me, I would appreciate it. Thanks!



No... You only have to do that if you have a criminal record. IF you have no criminal record, a name based police report will suffice.
zyggyNot TellingCanada2006-06-13 14:27:00
CanadaUsing my AP to cross a land border

Wow, thanks for the killer reply. That's exactly what I needed.

So, going INTO Canada, what am I supposed to tell them?? I'm a permanent resident?? And the Canadian Customs people should be touching and doin nothing to my stuff then????

All the I94, AP, and everything else only happens on the way back in???

Editted- sorry I just reread your post and it sounds like the I94, and AP willi n fact be done on my way INTO Canada, but just to make sure it's done inside in the little office???
And that would mean going back into the US I would just show them my new I94???

I just want to be clear what happens each way.
Thanks



All the AP Stuff happens when you return to the US. Canada Customs doesn't give a rip what your status is in the US. If they ask, tell them you're a K-1 visa holder and show them your nice shiny visa in your passport. Canada Customs is concerned about entry requirements into Canada. As a Canadian citizen, you are permitted into Canada. If they ask where you live, tell them you live in the US. If they ask your status there, tell them K-1.
zyggyNot TellingCanada2006-06-19 13:26:00
CanadaUsing my AP to cross a land border


Hey everyone, I'll be using my AP to go back to Ontario in a week. I was hoping someone here, who has crossed a land border can share their experience of what it is I should expect. As we know, sometimes border patrol can make mistakes, so I figure if I know what they are supposed to do, I can help!

So, I cross, and tell them what? I'm a Canadian living in US adjusting my status?
And, should they take my I94 when I cross into Canada??

On the way back, I assume they will give me a new I94.
And also, I have 2 pieces for my AP-identical. Do they keep one? Should they be stamping both? What exactly should they do? I just do NOT want to leave the border-drive 8 hours back to the US and they have forgotten something.

So, anyone?? I'm going to assume as long as I have a new I94, and 1 copy of the AP stamped I am good to go..but I loooooooove details. So any sharing of experience would be appreciated.

Thanks


Do not.. I repeat DO NOT, give your I-94 up to anyone from Canadian Customs. It will be removed from your passport by CBP when the I-512 is processed.

You go to the booth. Tell then that you have an I-512 (AP Document) that needs to be processed. They'll ask to see it and then pull you over to go to Secondary.

You take the I-512 to the people at Secondary. They will process it, stamp it with the Parole Stamp, Stamp your passport with the Parole Stamp, make a copy of the I-512 and then give it back to you. THey give you two copies because the CBP is supposed to stmap both and then keep one of the originals. But what usually happens is they stamp one, make a photocopy of it, and then give you a completed one and a blank one back to you. The blank one can be used as wallpaper or kept for your records. It is now a useless piece of paper.

They also should take your K-1 I-94. Also make sure that they give you an I-94 also stamped with the Parole stamp. After that they should send you on your way. Whenever you cross a land border thereafter, don't be surprised if they don't send you to Secondary and just wave you through.

Edited by zyggy, 19 June 2006 - 08:16 AM.

zyggyNot TellingCanada2006-06-19 08:11:00
CanadaOHIP and health care



The difference between a business traveller and someone who is attempting to live in 2 different countries, who is not a citizen of both countries, is apples and oranges.

She either lives permanently in the US, and gets a job in the US, or she lives permanently in Canada, with her job in Canada. She can't do both. NAFTA has nothing to do with it.


she will soon (hopefully!) be a us immigrant, working under her own US consulting company.
a canadian company has hired her services. how is this wrong? she is now a US immigrant travelling for her US run company. from what you are saying, no immigrant is allowed to perform international business?

nafta was an example. apples and oranges have nothing to do with it either. :P



I don't think the problem is having a consulting company or even doing business in Canada. I think the concern that people have is that if one is spending more time in Canada on business than in the US, still has a residence there and still is paying taxes there, how can one make the claim that one is a permanent resident of the US.

I believe that there are ways that you can still do what you want to accomplish, but what based on the information that you stated, in my opinion she would still have stronger ties to Canada than the US and that's where you are on shaky ground and could run into trouble. In order to be a permanent resident, you should at least spend more time in the US that you do in Canada... 3 to 4 days a week is right on the edge of that...

This is an instance where minute details of your arrangements could either ruin you or help you. This is a case where you really should have a good long talk with both an experienced immigration attorney and a cross-border tax specialist (CPA or attorney) before you do something that you could very well come to regret both in terms of immigration and taxation...

Edited by zyggy, 21 June 2006 - 10:41 AM.

zyggyNot TellingCanada2006-06-21 10:18:00
CanadaOHIP and health care


how do you plan to manage that? Which country will be her primary residence, and how do you suppose she will be allowed to continue to go back and forth?

As for taxes, check with these folks http://www.serbinski.com/

If she tries to have 2 residences and has a visa or green card for the US, she may well could lose her status if they feel she is not using it accordingly.



people travel back and forth all the time between the 2 countries for work. there is even a checkbox on the i94 to indicate what the primary trip purpose is, biz or personal. so, im not quite sure what you are asking here.

thanks to both you and zyggy on the clarification of the healthcare..



lexi .. I think what people are getting at is... How can one consider themselves a resident of the US of they are in Canada for 3 to 4 days a week. In your case, there is a very real threat of having the CBP one day stating that she is not a true resident of the US due to her constant travelling and residing in Canada.

This may be a case where you have to choose what is the most important to you... Having your wife with you in the US with a new job in the US, or you in Canada with her with you having a new job in Canada. Keeping one toe in Canada (or in your spouses case half her body) could result in more problems than you care to stand... You have to choose between one or the other .. straddling is not one of the choices...

The purpose of permanent residency is just that... leaving and breaking all your ties in your home country and establishing new roots in the US....

There may be ways that your spouse can pull what she wants off.. but keeping herself on the payroll of a Canadian company and doing work in Canada is not one of them...

Just a suggestion, she may want to consider forming her own consulting company and contract herself to her old company, but you should get expert help from an accountant and an attorney before you do that... but keeping the same arrangement that she has always kept is not a good idea...

Edited by zyggy, 20 June 2006 - 07:38 AM.

zyggyNot TellingCanada2006-06-20 07:37:00
CanadaOHIP and health care

not to beat a dead horse, but what if my wife will still be working in canada? she will be there 3-4 days a week, and i assume be paying canadian taxes for the job there.
not sure how the tax situation will work either (anyone know? does she pay both countries?); but, even with this amount of time spent in the country, she wouldnt be eligible for ohip?

thank you. :)


Canadian Health Care is only applicable for those resident in Canada. If she is not resident in Canada, then she cannot have Canadian Medicare...period...

In her case, yes, Canadian taxes will be withheld from her paycheck. However, the US tax treaty does not allow for double taxation. In her case, she would file a US return with you and declare her foreign earnings and a foreign tax credit. In addition, she would file a non-resident tax return in Canada. There has been plenty of coverage in this forum in the past on the cross border taxation issue. I suggest that you use the advanced search to do some research...

In any case, you should consult with a cross-border tax specialist to determine the best plan for your situation. When doing the numbers, you may very well find that paying the higher taxes and getting little benefit for it could cause you to reconsider your continued employment in Canada. I know that it certainly did for us. Take what Canada gives you... your spouse would be eligible for EI if she moved to the US to be with you. That may not happen if she stays with her employer after she relocates to the US.

Edited by zyggy, 19 June 2006 - 03:57 PM.

zyggyNot TellingCanada2006-06-19 15:51:00
CanadaOHIP and health care

Couldn't have said it better than Kathryn41 and zyggy. The other wrinkle is getting coverage in the U.S. When I moved from Ontario to Jersey six months ago, I thought it would be easy to find a full-time job with medical benefits. Wrong. So many jobs are part-time or on a project-basis-only that health insurance becomes your responsibility alone. I still haven't gotten insurance and know I'm playing with fire.

Even if I got family coverage through an employer (and there could be a 3 month waiting period), my Canadian husband wouldn't be eligible when he arrives, since he wouldn't have a social security number yet. At least that's my understanding. He'd be in Limbo, and travel insurance (purchased in Canada) is only valid if you have OHIP. And you won't have OHIP once you move.

In Canada, we pay high taxes and get medical coverage. In the U.S., we pay lower taxes and coverage becomes our responsibility. If someone crunched the numbers, I'd bet it's still cheaper in the U.S. and you get immediate, expert attention. So let's just suck it up and start paying.

As an aside, my husband's co-sponsor was concerned about being financially responsible if he landed in a U.S. hospital without insurance. Seems Medicaid kicks in for immigrants if they need it.


Jersey Girl..

1)A SSN is not required to add a spouse to a health insurance policy. I added mine before she got hers. Anyone who tells you that is blowing a bunch of smoke...

2) Medicaid is a need-based federal benefit... immigrants are not eligible for this. However, some states have agreed to pick up the tab for immigrants on their own.
zyggyNot TellingCanada2006-06-15 08:41:00
CanadaOHIP and health care

Alright a few quick questions- being a Canadian and moving to the States, I understand the insurance thing and I know I will have it for myself and children BUT..... what is the general rule of thumb when it comes to maintaining OHIP coverage.. or other provinces aswell. When I move does that mean I am no longer covered in CANADA? What if I am home on vacation (in Canada) does my health card still work? And the kids, since they are still coming back here to spend time with their father - does the health card thing keep up for them? There are rumors about if you come back to Canada every 6 months and touch Canadian soil you do not lose health care coverage. Just wondering.... Thanks.



In order to be eligible for OHIP, you must maintain a residence in Canada, live there for more than 6 months out of the year and pay Canadian Income Taxes... It would be pretty hard to convince US Authorities that you haven't abandoned your US Permanent Residency Status if you have to follow those rules...

Sorry, but if you move to the US, you lose your Canadian health care. Almost all US Health Insurance policies cover for emergency health care in Canada.

Edited by zyggy, 15 June 2006 - 07:31 AM.

zyggyNot TellingCanada2006-06-15 07:29:00
CanadaCost of living in Canada? Please help!
Say it aint so.. they're lowering the GST... wow..

Edited by zyggy, 20 June 2006 - 07:46 AM.

zyggyNot TellingCanada2006-06-20 07:44:00
Canadacriminal check vs. fingerprinting

Just so I don't spend $50 bucks on fingerprinting....it could be spent on shoes!! Criminal check is a mandatory thing I get it, no problem but when I got the packet 3 it tells you to go to a website (RCMP) and then proceeds to tell you if you live in Ontario etc etc etc need 2 sets of fingerprints??? I went to the station, have a appt for tomorrow and need some advice. From what I read I will have one set done and sent off to the RCMP for precautionary reasons, I don't want to have to wait any more after the interview.....help me out. I appreciate it. Any advice????? LOL, p.s. - I sent off my packet 3 today YAY! :yes:



If you have no criminal record, a name based police certificzte is all that is required. It can be obtained from your local RCMP detachment or in the GTA from the Commissionaires. In addition, it can be obtained from your local police cservice as long as it states that it was based on a Canada Wide Search...
zyggyNot TellingCanada2006-06-21 13:39:00