QUOTE(Keisha @ Jul 24 2007, 12:15 PM)


Copying my post here in case somebody knoews!
I would greatly appreciate if anybody knows something about this.
I've just moved to the US from Canada on K1 day ago, we will get married in a couple weeks.
In Canada I used to do a part-time self-employed work - all on the phone for a Canadian client-company, calling their Canadian clients. They would like me to continue working for them.
I don't have the EAD for the US yet, but I have a work authorisation to work in Canada.
Could I keep working for a Canadian client, get the payment to my Canadian bank in CDN funds, pay taxes in Canada?
Everything is in Canada, only I am and the phone are in the US.
Until what time I could pay taxes in Canada for this kind of job?
Would I need to be their employee?
Will the fact of marriage change anything or not?
To me, this makes no sense. First of all, I've learned not to go by much of what the USCIS call center says. Every time they put me through to an officer, the officer negates everything the previous call center employee just told me. For instance, one call center person told me that there was "no reason at all" that my thai fiance couldn't join me in the US on a tourist visa while we are "waiting out" the K1 visa. Well, he's from Thailand, and it's near impossible for a thai person to get a tourist visa unless they can "demonstrate strong ties to thailand" -- with a US fiancee and K-1 pending, he would be denied on the spot.
So don't rely on their information. think about it -- you'd be working for a CANADIAN company and getting paid to your CANADIAN bank in CANADIAN dollars. If you are considered their employee, what's the problem? But if you are going to state on US taxes that you are self-employed instead, then you will need to pay taxes to the US government, because then you are technically living & working as a self-employed person in the US, and your CLIENT just happens to be in Canada.
In my case, I am self-employed, and I work via my computer, but I pay all my taxes to the US. Maybe there's a rule somewhere that if you're a self-employed person working for a client in a different country over the phone or computer, while in a foreign country for a certain amount of time, like 8 consecutive months or a year, then you have to pay taxes to that country. But if there is, I've never heard of it. And if there is, it would probably be based on residency.
If you're a resident or soon-to-be resident of the US, that may determine where you can claim your self-employment.
On the other hand, if you went ahead and accepted this Canadian employment, and you're working solely over the phone & getting paid into a Canadian bank, well...I mean, who would even know about it? But the tax matter is something you'd have to discuss with your Canadian client/employer, because that could make a difference.