ForumTitleContentMemberSexCountryDate/Time
Canada2010 Tax thread - For Canada and the U.S.

Here's a simple one...

Okay... let's say you earned $10,000 in Canada based income and Canada took 25% of that for the non-resident tax meaning you would pay $2,500 in tax to Canada your proceeds would be $7,500

Let's say for argument that you also earned $10,000 in the US in addition to the $10,000 Canada source income of $20,000 total and the Canada tax bracket for that $20,000 is 10%... so if you lived in Canada, you would only pay $2,000 in tax if that entire income was earned in Canada.

What a Section 217 return does is it allows you to prove that you only need to pay the 10% and not the 25%. In the above example, CRA would send you a refund for $500.

The return is due by June 30



On the flip side, let's say you earned $10,000 in Canada source income and Canada took the $2,500 in non-resident tax and you earned $50,000 in the US. In this case, if you filled out a T1 for your worldwide income, you would be in a bracket above the 25% non-resident tax rate. So it is better to let them keep their 25% and walk away. However, be sure to report the $10,000 Canada source income on the 1040 and take the $2,500 as a foreign tax credit using Form 1116.
zyggyNot TellingCanada2010-02-22 22:02:00
Canada2010 Tax thread - For Canada and the U.S.

I have a question about residency status for my Leaving Canada return. I have been reading income
tax guides, previous threads & playing around with Ufile to see if it fits my needs. So confused.

I became a PR of the United States in December 09. Moved to the US on K 1 visa in September of 09. Obviously spent more than 183 days in Canada. However I cannot be a PR of the US & file as a resident (for tax purposes) in Canada!? Guess I cannot file as a non resident and still get full exemption & tax credits using 90% rule? I had NO canadian or US income after I moved to the US in September.

Is it possible to file as a deemed resident of Canada & it NOT affect my PR status in the USA?

I know I cannot claim SK provincial territorial credits but I worked for 8 months in Canada in 2009 & also cashed out a public employees pension. So the provincial tax still comes into play.

I'm thinking it's too late to file an NR73!

HELP!



Never ever ever ever never ever ever file a NR73 until the CRA asks you to file one. If you do, you're only painting yourself into a corner. I can't say it more strongly.

I'm sure this has been covered before, so forgive me if someone has asked in this thread and I just glazed over it.

We're filling out the forms for our US tax return and the husband and I are filling jointly. I didn't make any money in the US this year, but I worked for the first part of the year in Canada so I have some Canadian income. On the tax form where it asks for my income, do I put $0 since I made no money in the US, or do I put the income I made in Canada?


You would not put 0, but would exclude the Canadain income. Please read the entire thread, the answer is here.

Edited by zyggy, 22 February 2010 - 09:58 PM.

zyggyNot TellingCanada2010-02-22 21:53:00
Canada2010 Tax thread - For Canada and the U.S.

Example, please.... :wacko:


Here's a simple one...

Okay... let's say you earned $10,000 in Canada based income and Canada took 25% of that for the non-resident tax meaning you would pay $2,500 in tax to Canada your proceeds would be $7,500

Let's say for argument that you also earned $10,000 in the US in addition to the $10,000 Canada source income of $20,000 total and the Canada tax bracket for that $20,000 is 10%... so if you lived in Canada, you would only pay $2,000 in tax if that entire income was earned in Canada.

What a Section 217 return does is it allows you to prove that you only need to pay the 10% and not the 25%. In the above example, CRA would send you a refund for $500.

The return is due by June 30

Edited by zyggy, 22 February 2010 - 09:48 PM.

zyggyNot TellingCanada2010-02-22 21:44:00
Canada2010 Tax thread - For Canada and the U.S.

I'm Type 1 diabetic as well. I never qualified for the disability tax credit while in Canada (rats!) and I definitely don't qualify for the very limited disability support for taxes here in the US. Here is a link to the IRS listing of what is available for a disability tax credit: http://74.125.47.132...n...=clnk&gl=us .

The US has a lot fewer 'social' types of programmes or services than are available in Canada, and they don't generally 'give' away anything. In the few cases when they do it is usually only available to US citizens or long term permanent residents.

You should expect your medical expenses to increase substantially in the US even with a very good health plan. You will need to do co-pays for all of your doctor's visits and prescriptions. I am actually paying more in my copays for my diabetes medication than I was paying for the full medication in Canada (prior to health care reimbursement by my employer). Lots of people need to make profit off of my medical condition - and they do. It's a different world :( .

You can claim medical expenses as a deduction but in order to qualify based on the IRS criteria you need to be really low income or facing some sort of catastrophic event like open heart surgery (many plans have you responsible for 10 - 20% of hospitalization costs). If you get a job between 50-80 K a year it is highly unlikely you will ever be able to claim your regular medical expenses as a deduction.


Unless you sign up for a Flex Spending Plan (Cafeteria Plan) that uses pre-tax dollars to pay for medical expenses.

I've looked through this whole thread & still need help with what to do.

I came & entered the States on December 30th, 2009. My whole income is Canadian based. From then, I haven't worked a day yet since I've been in the US. What I initially was going to do was file my residence as Manitoba (as that's where I'm from) where it says where is your place of residence on December 31, 2009 & then just e-file it with QuickTax since I have my NetFile code, as I've done in the past. But now that I've read this, I'm totally unsure. I have no clue how to file taxes via paper.

Would I be able to file online & netfile on QuickTax? Or would I have to mail in my information? & if I had to mail it in, where would I mail it to? Would I have to send the letter as well? SO CONFUSED! Help!



Actually this is what my wife did, she entered the US on December 30th. File your 2009 return as your Leaving Canada return. Makes it much cleaner for the next year.
zyggyNot TellingCanada2010-02-22 21:41:00
Canada2010 Tax thread - For Canada and the U.S.

Thank you Kathryn! I was definitely hoping I could still claim tax credits! The emigrants guide is definitely a good read and very helpful! I think I was reading too many guides and getting confused.

Married filing jointly is probably the best option for us, I just wish my former employer in Canada would hurry up & send the T4's! I hope to be able to exclude my income with form 2555. We may have to file for an extension as hubby will be deploying in early march. Unless there is a way for our tax preparer to get started on ours without my employment T4's and i can sign for him with a Power of Attorney? Or some sort of copy of his signature? Anyways we will find out next week what the preparer can do and if any T 4's magically appear in the mail!!!!


Definitely get the power of attorney. IRS Form 2848 or the one the JAG can prepare for your husband. Be sure it allows you to represent him for tax matters.
zyggyNot TellingCanada2010-02-20 16:51:00
Canada2010 Tax thread - For Canada and the U.S.

My problem is that it won't let me add my wifes wages onto my line 7, all it does is list as a negative number her income on line 21. I think this incorrectly lowers my taxable income. Am I wrong? Should my wifes foreign income be added to my wages in line 7 on form 1040?



From Turbo Taxes website

Try reporting foreign earned income as "wages not already reported." Here's how:

  • Revisit the Other Income section of the interview.
  • On the screen Indicate any Other Income Items clear the checkbox Foreign Earned Income and select the Wages not already reported checkbox instead.
  • Answer Yes to the question Any wages Not Reported?
  • Continue through the Household Employee Income questions.
  • Then continue through the Sick/Disability Pay questions.
  • A foreign earned income screen will now appear and this is where you can enter the income amount.

zyggyNot TellingCanada2010-02-19 22:08:00
Canada2010 Tax thread - For Canada and the U.S.

I'm guessing that with my income being all from Canada, and they did deduct the 25% NR tax, that I really don't need to file a return with them even though it was earned in 2009 and I've lived here since July 2008?

:wacko: :help: :blink:



You may be able to get a portion of the 25% back by filing a Section 217 return (basically the income is less than the 25% tax bracket). Don't let the CRA keep money that they have no right in keeping.
zyggyNot TellingCanada2010-02-19 22:04:00
Canada2010 Tax thread - For Canada and the U.S.

I was wondering If we can contribute to the IRA as soon as we move to the USA as a permanent resident?

If we can ,how do they determine how much we can contribute since they wouldn't know anything about our work history etc..

Thnx


Yes,

Whether or not you can contribute and how much is dependent on whether or not your employer offers a 401k or other retirement plan (pension, etc.) and your income. Consult IRS Pub. 590
zyggyNot TellingCanada2010-02-19 22:00:00
Canada2010 Tax thread - For Canada and the U.S.

Hi zyggy!!!!
*waves*
You were SO helpful to me last year, how're you doing?
Hope all is well...
Best,
LGG


Hello,

I'm doing well. Still hanging around this time of year to lend a hand.

Zyg
zyggyNot TellingCanada2010-02-19 21:57:00
Canada2010 Tax thread - For Canada and the U.S.

Hi Sapphire!

I'm hoping that someone will have an answer about the student loan interest as well. I have unused carryover amounts from student loans too.

I don't have answers to your other questions, but I do have an answer about your question for Ufile.ca U file will automatically prorate your deductions and credits based on the information you enter in the (immigrants &emigrants section of Ufile) I was playing around with Ufile and my personal exemption did go down based on the numbers I inputed in this section:

Emigration from Canada

"If the Canadian-source income you are reporting for the part of the year you were not a resident of Canada is at least 90% of your net world income for that part of the year (or if you had no income from sources inside and outside Canada for that part of the year), you are eligible to claim the full value of deductions and credits on your tax return. Otherwise your deductions and credits must be prorated by the time you resided in Canada. The program will decide if you are eligible for the 90% rule based on the information you enter here. If you leave the following sections blank, the program will assume that you are not eligible for the 90% rule and will prorate your deductions and credits.
Note
If you are claiming full federal non-refundable tax credits, attach a note to your tax return stating your net world income (in Canadian dollars) for the part of the year that you were not a resident of Canada. Show separately the net income you received from sources inside and outside Canada for that part of the year. The CRA cannot allow full federal non-refundable tax credits without this note"

Canadian source income during Canadian non-resident period

Income from employment in Canada

Income from a business carried on in Canada

Taxable capital gains from Canadian property

Taxable part of scholarships from Canada

Taxable part of fellowships from Canada

Taxable part of bursaries from Canada

Taxable part of research grants from Canada



Foreign source income earned during Canadian NR period
Name of country

Net employment income

Net pension income

Social Security

Net interest and other investment income

Taxable capital gains

Net rental income

Net self-employment income

Other income



Country of residence on December 31 2009 < select >


THat is absolutely correct. I forgot about that provision of the tax code. and it looks like ufile finally got immigrants and emigrants now. Another good development. But there are still some weaknesses as shown above.
zyggyNot TellingCanada2010-02-08 15:16:00
Canada2010 Tax thread - For Canada and the U.S.

It was a one time payment, I will not be receiving another payment. The payment letter was dated Sept 15, 2009, my parents received it in the mail the day AFTER I left Canada (Sept 21) which was Sept 22, 2009 and was deposited into my bank account that day. I'm hoping I did not screw myself there...

Anyways, the non resident tax was not taken. The public employees pension plan withheld 20% of the almost 6K because of regulations based on the dollar amount in your account when you take the lump sum. 5K & under the plan would have only withheld 10%.

The pension plan also sent me a small payment that apparently did not "post" in time when they did the payment for the lump sum. It was about $170 with 10% tax withheld, unfortunately it was sent October 1, 2009 when I was in the USA. Now I am realizing that the plan should have withheld 25%...How do I fix this with CRA?




Sorry to be redundant....Do you mean the first $2400 of income for the 1116 is tax free? EI+pension income?

Taxes! :blink:



You didn't have to cash out, you could have kept your cash there until you were ready to use it. THere is a form to fill out to defer the tax implications of a RRSP or RRIP until it is cashed. But that's water under the bridge now.

Include all the pension money as earned income (it was earned income in the first place, just placed in a tax shelter) and report it on Form 2555. Don't worry about the extra money given to you after you entered the US, you can make a reasonable argument that it was part of the first distribution.
zyggyNot TellingCanada2010-02-08 15:13:00
Canada2010 Tax thread - For Canada and the U.S.

Has anyone ever had this sitatuation? I'm a bit confused and would love for someone in a similar situation to explain what they did.

I lived in Canada from January - June 6th, 2009. I worked full time during that time. I will have a T4. I will also have student loan interest from all of 2009 in Canada to claim on my taxes.

I lived in the US from June 6 - onwards and was married June 9th. I worked full time from August 29-December 31. I received my greencard in November. I've figured out that my tax home is the US and that I file married.

So here is what I think I need to do, but I'm not sure so if anyone can clarify, please let me know!

File a Canadian return with my leave date as June 6th. I will need to pro-rate the basical personal amount up to that date. If I use ufile, I'm guessing it will do that for me automatically?? Anyone know? YES. Exactly. Ufile won't do this for you, that's why you can't use ufile to do a leaving Canada return

Anyone know if I can claim the student loan interest for the whole year? Or, will that be pro-rated also? It must be prorated

Files my US return married with my husband. Use a form to claim my foreign earned income. Is it form 2555? Or should I use a different one? Form 2555 for income up to June 6, Form 1116 afterward.

Also, can I use the Canadian student loan interest for US taxes? No. It must be interest in loans from a school that is authorized to accept Federal Student loans. Canadian schools don't apply.

Thanks!


Edited by zyggy, 08 February 2010 - 03:09 PM.

zyggyNot TellingCanada2010-02-08 15:09:00
Canada2010 Tax thread - For Canada and the U.S.

Does anyone know what is the official exchange rate to use for 2009?


You use the one provided by the Federal Reserve. It is on their website.

So you used ufile to do all the calculations and what not, printed it off, and mailed it? That would make sense, and be easier on my brain! I'm the kind of person that needs a play by play on everything, so sorry if these have been repeated.


I also read about claiming the foreign interest on accounts over 10, 000. What if my account doesn't have that much interest? Seriously, it's a regular chequing, not a savings.

Tim hasn't actually filed anything because of his disability, but now I'm wondering, because he's married and everything, and this year I'll be collecting EI, as well as I receive my survivor's benefit every year, should he be filing something to claim that? I guess I'll get him to phone someone in the know...lol.

Oi! I'm thinking this stuff is going to get confusing very soon! :wacko: I still need some more info from home before I can start to file. Course, when I got my T4, and it's not a complete year of working....the tax that was withheld....I might be able to buy a pair of shoes... :lol:


*Me thinks I'll be back here before long with another question or two*.... :blink:


Ufile is not set up to deal with people in our situation. Don't use it, you will do it wrong. You're going to have to do it by hand using the CRA Emigrant guide.

It was a one time payment, I will not be receiving another payment. The payment letter was dated Sept 15, 2009, my parents received it in the mail the day AFTER I left Canada (Sept 21) which was Sept 22, 2009 and was deposited into my bank account that day. I'm hoping I did not screw myself there...

Anyways, the non resident tax was not taken. The public employees pension plan withheld 20% of the almost 6K because of regulations based on the dollar amount in your account when you take the lump sum. 5K & under the plan would have only withheld 10%.

The pension plan also sent me a small payment that apparently did not "post" in time when they did the payment for the lump sum. It was about $170 with 10% tax withheld, unfortunately it was sent October 1, 2009 when I was in the USA. Now I am realizing that the plan should have withheld 25%...How do I fix this with CRA?




Sorry to be redundant....Do you mean the first $2400 of income for the 1116 is tax free? EI+pension income?

Taxes! :blink:



No. Just the EI..
zyggyNot TellingCanada2010-02-08 15:07:00
Canada2010 Tax thread - For Canada and the U.S.
Just to add

1) You can try to get some of the non-resident tax back by filing a Section 217 return.
2) Did you cah in the amount while you were still in Canada?
3) The cashing in was a one-time deal?
4) Yes, for EI income earned while in the US, you use the Form 1116 to get a foreign tax credit on the amount taken by Canada. Remember that the first $2,400 is tax free in 2009, even if it is Canadian EI.
5) EI and Pension Income are not earned income and therefore cannot be excluded using Form 2555. However, you can get a foreign tax credit on this income using Form 1116.
zyggyNot TellingCanada2010-02-06 15:39:00
Canada2010 Tax thread - For Canada and the U.S.

Thank you zyggy.

The lump sum pension was from an employer plan (matching) in Canada. Is it considered a RRIF? It was around 6K so they automatically deducted 20% income tax.. $$ that I don't believe I can get back from CRA?

I began receiving EI the very last week of 09, I imagine I will get an 09 T4E for that payment.. Do I claim the EI using form 1116?

2555 can only be used for earned income? Not EI or pension correct?


So you cashed in the amount and the CRA took the 25% non-resudent tax? Or are you going to get $6,000 per year for life?
zyggyNot TellingCanada2010-02-06 15:17:00
Canada2010 Tax thread - For Canada and the U.S.

Ok, my tax issues aren't regarding Canadian income (got that all out of the way a couple of years ago, thank goodness), but I saw that Réjean's name was misspelled on his 1099-G from Missouri Unemployment and one of his W-2s. Does anyone happen to know if we have to wait to file until we get those amended with the correct spelling of his first name?



Amending the W-2 for a misspelling is not necessary, you can file as is
zyggyNot TellingCanada2010-02-06 15:15:00
Canada2010 Tax thread - For Canada and the U.S.

Is that 330 out of 365 days outside the U.S. a litmus test for using form 2555? My wife arrived here at the end of March, and didn't work, or receive EI this year. She only worked for 2.5 months in Canada. I was having trouble determining whether or not we should use the 2555 or 1116. Could you shed some light?



Exactly. If she lived in Canada for 330 days between March 2008 and March 2009, she can use the 2555 for January to March 2009.
zyggyNot TellingCanada2010-02-04 11:59:00
Canada2010 Tax thread - For Canada and the U.S.

I'm still extremely confused on who can use the 2555 exclusion..(see last post in zyggy's thread)

Does tax home mean just 2009 or any 330+ days in which you lived in foreign country?

I moved to the U.S. Sept 21st, and became a PR "date" 12/14/09. When does Canada treat you as a non resident? Left Canada? Or PR in the USA date?

Still confused how my lump sum pension will be treated as well.


What you choose as your leaving Canada date is open to interpretation and there has been no guidance on what they want. Being conservative, I usually take the approach with the least risk, which is the date you left Canada to take up residence in the US. One could argue that you are not technically a resident until you receive the Green Card which is much later. But if CRA finds against you, you will owe for the interim.

What do you mean by lump sum pension. Do you mean cashing in an RRSP?

As to whether you can use the 2225, it is quite clear, if you lived outside the US for 330 out of any consecutive 365 day period, not necessarily a calendar year, you can use it to exclude income for the period you were a non-resident.

Edited by zyggy, 04 February 2010 - 11:44 AM.

zyggyNot TellingCanada2010-02-04 11:42:00
Canada2010 Tax thread - For Canada and the U.S.

Considering that my wife didn't earn any income in the U.S., and only payed taxes in Canada, wouldn't that be her tax home?



No... Her tax home is specifically defined by the US/Canada tax treaty. If your wife spend more than 6 months in the US or has a Green Card, the US is her tax home.

Oooh, thank you! I agree with Ashen... I've read through most of the other tax thread, but it is incredibly long and perhaps, partly, outdated.

So, this will be the first time I file taxes myself... I usually just hand them off to the woman who does the taxes for my parents' business. Is ufile.ca still the best option for a first- (and last-) timer? Hubby uses TurboTax, but I assume that's a U.S. only program?

Also, regardless of what program I use, I assume I can't efile it? I have to mail it in to the International Tax Office in Ottawa, right?
If so, about how long should I allot myself for mailing time? I know my former employer tends to be a bit lax in sending out T4s.



THe thread is not outdated. All the info in there is still valid. Nothing in the tax code has changed for 2010 that pertains to that thread.
zyggyNot TellingCanada2010-02-04 11:26:00
Canada2010 Tax thread - For Canada and the U.S.

Since no one else is biting...I'll go first!

Question: if I obtain my SSN before my wife files her taxes, will she be able to file as married-joint with me, thus receiving a reduction for the 2009 tax year?

I'm pretty sure the answer is YES to that...but I'd like a bit more feedback if anyone can provide it. :)



She has to file as married anyways. If you don't get an SSN, fill out a W-7 for an ITIN and send it and the return to the Austin address. Not filing as MFJ is leaving a lot of money on the table.

Questions - since my husband is not in the States yet, and we don't have an ITIN number for him, can I file married filing separate, and do an amended tax return when he gets here? Seriously thinking about just waiting til he is here, and has a SSN. And do we have to fill something out on his bank account, if it has over $10k? (Read that in this thread, hadn't heard about it before.)



Again, you have to file a W-7 with a tax return, so file as married filing joint now and get the W-7 in. If he will be here before October, you can file for an extension and then file once he has the SSN. Do your taxes as MFJ, and if you won't owe, just file the extension and wait.

OK so I was looking at the foreign earned income form and I don;t think it makes sense for unemployment benefits. If my husband is getting EI isn't that considered unearned income? He no longer has an employer...or should I put his previous employer that he was working for prior to his move. I am completely confused here!



EI is considered earned income. If he is in the US, the benefits are taxable and should be reported as other income or under unemployment benefits. He can take the taxes Canada takes out as a foreign tax credit.

I was leaning towards including Mel's T4 in with my returns, just in case. Did you include his original, or copies?



Sending in your T4s is not necessary and really shouldn't be done./ When it comes to forrign income, you're on the honor system. If you get audited for it, you have the proof in the form of the T4. Make sure you keep a copy of how you converted the CDD into USD

Edited by zyggy, 04 February 2010 - 11:20 AM.

zyggyNot TellingCanada2010-02-04 11:20:00
CanadaFiancee expiring working visa in Canada

Thank you for the reply. It is okay for her to do the medical in Toronto and do her interview in the Philippines?



No.. the medical facility is specifically tied to the consulate. You have to do the medical at a facility approved by the Consulate in Manila.
zyggyNot TellingCanada2011-05-09 07:43:00
CanadaHas Anyone Applied for Cdn. Passports for Children born in USA

My husband and I would like to apply for Canadian passports for our two children who were born in the USA after our marriage. I am Canadian, he's American. We would like our kids to have dual citizenship just for the flexibility and for them to have the opportunity to work or live in either country in the future without hassle.

Does anyone out there have experience doing this, any advice or pointers?

Thanks



You have to apply for a Certificate of Canadian Citizenship first. Then once you get that, you can apply for a passport.

Go to the CIC website for information on applying for the Certificate of Canadian Citizenship. www.cic.gc.ca
zyggyNot TellingCanada2011-05-31 09:08:00
CanadaMoving to Canada after being a US citizen my whole life??
You can't apply for a Canadian Passport, or get any other bebefits of Canadian Citizenship, until you first get a Certificate of Canadian Citizenship.

http://www.cic.gc.ca...nship/proof.asp

Current waiting time is about 10 months.

Once you get that, you can apply for a Canadian Passport, SIN Card, etc.

If you are a Citizen of both, you can live and travel freely between the two countries. You can live and work in one country one day and live in the other the next.
zyggyNot TellingCanada2011-03-31 07:34:00
CanadaHotels in Montreal

Try:

http://www.tourisme-...ommodations.asp

There are a fair number of hotels (multiple price range) and B&B's within 3 km of the US consulate.

Yes, there are vending machines there; also, there is a cafe (SB/Caribou type--but it's NOT a Second Cup) on the building's ground floor.



We stayed at the Hotel La Tour Centre Ville.... it's across the street from the consulate... a little bit spartan perhaps, but it was clean, relatively cheap and they let us keep our luggage there. I recommend it if you don't want anything too fancy and all you're looking for is a bed close to the consulate.

(514) 866-8861

Sorry... no food or drinks period... and the security people are not in much of a mood to argue. In fact only bring your papers...

Edited by zyggy, 02 March 2006 - 02:21 PM.

zyggyNot TellingCanada2006-03-02 14:19:00
CanadaChanging my info with Canada Revenue

Another thing...I can see why I wouldn't be eligible for GST/CTB for the next tax years, but the amount I'm receiving now is based on the 2010 tax year, I lived here that whole year. Why couldn't I receive the rest of that money? (I'm entering on a IR-1, btw)



They amout they are paying you is based on your 2010 income, but the payments are for 2011 and you are eliglble for them only as long as you are a Canadian resident in 2011.

If you are entering on an IR-1, your date is definitely the day you activate the visa.

Edited by zyggy, 12 August 2011 - 09:08 AM.

zyggyNot TellingCanada2011-08-12 09:07:00
CanadaChanging my info with Canada Revenue
1) Never ever file the CR-73 unless CRA asks you to.

2) It's almost impossible to get them to stop the GST and CTB benefits until you file the Leaving Canada return. All I can say is to keep that money in an account and do not touch it. You will get a bill from CRA for the difference.

The date is a bit of a gray area, but CRA generally considersthe day you enter on a K-1 as your intent to leave Canada permanently and reside in the other country. You are eligible to collect EI based on that permise.

Edited by zyggy, 12 August 2011 - 08:24 AM.

zyggyNot TellingCanada2011-08-12 08:20:00
CanadaK1 vs K3

More or less the same thing happened to my guy when he first came to visit as my boyfriend AND hes US active duty military. They still treated him like a piece of garbage, put him in secondary, yelled at him and told him he cant stay. Then they left him in the room alone. They came back and told him he can only stay for one week, gave him his stuff back and let him go to meet me. He never wanted to come back to Canada again after that.


There's a difference between, I'm going to see my boyfriend and I'm entering to marry my fiancee. Since Canada doesn't have a fiancee visa, there are two routes. 1) You can get married outside of Canada and apply for a permanent residence visa or you can get married in Canada and apply for permanent residency inside Canada. I have helped people do both with success. Since a lot of countries don't necessarily allow some types of marriages, they are somewhat open in allowing entry for a marriage.
zyggyNot TellingCanada2011-08-12 12:56:00
CanadaK1 vs K3
Yeah, the Canadians don't have the whole immigrant intent thing at least with Americans. They have no problem with you marrying in Canada and then staying and applying for permanent residency within Canada.
zyggyNot TellingCanada2011-08-12 08:47:00
CanadaDo Canadian Visitors Have Duration Of Status?
The extension is really for extenuating circumstances. Let's say that you were a snowbird and had the intention of returning to Canada before your 180 days. On the way back home you got into a car wreck and are in the hospital and cannot be moved for months on end because of the multiple surgeries that you need to get you back into shape to get home. That is what the extension is for. If it's for anything less than this, you will be denied.
zyggyNot TellingCanada2011-08-12 08:29:00
CanadaApplied for new Canadian passport today.

No.. THe money has to be in Canadian Funds. It's a Credit Card or a Canadian Money Order. Nothing else will do.



Does a US Postal Money Order get issued in Canadian Dollars. I'm curious how that works.. Or do they quote you a price in USD..
zyggyNot TellingCanada2011-08-31 09:27:00
CanadaApplied for new Canadian passport today.

:dance: if we get it around the 3rd it will have taken 3 weeks...I am glad I didn't spend the extra money to get it expedited...



Ummm you realize that you can't get on a plane with the card right.... the card is good for land and sea only.

Edited by zyggy, 30 August 2011 - 04:21 PM.

zyggyNot TellingCanada2011-08-30 16:20:00
CanadaApplied for new Canadian passport today.

Hi all. I'm in the process of filling in the simplified passport renewal form.
I have 1 question

Does/will Passport Canada accept a USPS money order in the amount of $97 for my
Canadian passport renewal? We don't deal in credit cards so can't use one of those.



No.. THe money has to be in Canadian Funds. It's a Credit Card or a Canadian Money Order. Nothing else will do.
zyggyNot TellingCanada2011-08-30 16:10:00
CanadaHow many don't get approved?

As I sit here on the edge of my seat waiting for my interview day, I can't help but wonder how many petitioners are actually turned down at the interview or AOS stage? Anyone have any ideas, percentage-wise?



For Canadians, I would say that the vast majority of denials are due to an inadmissibility issue, like you lived in the US for more than a year without a visa, you committed a CIMT and you need to get a waiver, or for medical reasons, like you have a highly communicable disease.

Edited by zyggy, 09 September 2011 - 08:21 AM.

zyggyNot TellingCanada2011-09-09 08:20:00
Canada153 days per year?
I guess they don't know that if they maintain a residence in Canada and accept Provincial Medicare (OHIP in Ontario), they would be considered a deemed resident by CRA and be required to pay taxes in BOTH the US and Canada...




zyggyNot TellingCanada2011-09-26 14:19:00
CanadaSpousal sponsorship for permanent residency in canada

Thank you for the help Iam planning on waiting on my permanent residency in canada and applying for an open work permit too make money as I wait. Did u mean that the process for permanent residency takes a little longer than 6 months or is that the time it takes to get an open work permit.



That's the time to get the work permit... the time to get the permanent residency was over a year.
zyggyNot TellingCanada2011-09-29 08:08:00
CanadaSpousal sponsorship for permanent residency in canada

Hi I am getting married to my Fiance who is a Canadian citizen in Canada. We are planning on filing the spousal sponsorship for permanent residency I would like to know how long this process would take and could I work while waiting on my permanent residency while in Canada.

Any help would be greatly appreciated


Depends what process you take...

Outside Canada, you don't get in until you get your permanent residence.

Inside Canada, if you already have work authorization, you can continue to work on it until you receive your permanent residency. If you don't, you have to apply for an Open Work Permit, which you apply for at the time you get Conditional Approval. For the two friends of mine I have helped, that took more than 6 months.
zyggyNot TellingCanada2011-09-28 11:21:00
CanadaNexus should I get one while in K1 visa process?
It doesn't work that way. If you use NEXUS, your entry is based on the program. You have to go through a regular line and get entered into their system on the visa. Sorry, but you're going to have to wait in line. Just show up to the airport earlier.
zyggyNot TellingCanada2011-08-31 09:32:00
CanadaHow to file US tax for green card holders

You will have to fill out a Form 90221 (FBAR) for all foreign investments and accounts. You can put all of them on this form, including your RRSP. This gets sent into the US Treasury. Remember though, they do not want the yearly total for the account. They will want the highest amount that account was worth out of the quarterly statements.

As for your taxes, you can't do the 1040ez form with having a foreign investment, so most likely (unless you have special instances) you would probably use form 1040. There you would fill it out as normal. I don't think you would need to file for a form 8891 because you are not a US citizen at this point and only a GC holder. You may want to double check. If so, it's like the FBAR where you would use a separate 8891 for all your foreign investment accounts.

Hope that helps, I'm going through back tracking for the past 5 years because I did not do this previously and filed the 1040ez forms every year. So I'm learning quite bit about it. However, in my previous thread it was posted that http://forums.serbinski.com/index.php is (and actually is) a great forum to ask for information and read about others...



Form 8891 is required for all US Persons. Citizens and Permanent Residents are both considered US Persons.
zyggyNot TellingCanada2012-01-27 14:34:00
CanadaLiving in U.S. but work in Canada

Its likely the D-1 would be canceled when she interviews for the CR-1 and is approved for it.

In her case she doesn't need AP - she would get an entry stamp that acts as a valid green card for 1 year or until her actual card arrives in the mail. She can enter and leave the US after she gets the stamp in her passport and when she gets her green card she uses that to travel between the countrys.



The D-1 would be cancelled once the CR-1 is issued. But then it doesn't matter, the CR-1 is a much better visa that grants permanent residence upon her first entry.

Edited by zyggy, 31 January 2012 - 10:17 AM.

zyggyNot TellingCanada2012-01-31 10:16:00
CanadaI will need to file another form I 212?

Hello to Everyone:

I am new to this so please bear with me. Over 5 years ago I had been banned from the US on the grounds that I misrepresented myself as a US Citizen while trying to cross the border at the Detroit crossing. That is a long story and if you need to know how that came about I don't mind you asking. My concern is that the ban was for five years which is up. My now husband of almost five years has filed the I-30 and the I-29F and we are waiting for processing. Being the ban has expired on my overstay and mis representation, will I still need to file something for them to consider our application?


You should definitely check with a lawyer on this, as from what I've read, some forms of misrepresentation can't be waved and are pretty much a lifetime ban. The ban on the overstay can obviously be waived usually with the I-212, but definitely check for the misrep. Good luck!



A ban due to misrepresentation as a USC is permanent... I confirm that you definitely need to talk to an immigration attorney on this one..
zyggyNot TellingCanada2007-04-30 10:02:00