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What are you guys doing for American income taxes?

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Filed: Citizen (pnd) Country: Canada
Timeline

Hi all,

I was wondering what all the married couples were is doing for taxes this year (US side). I currently live/work in Canada (non-resident alien) and my husband lives/works in the USA. I think that we will most likely be filing jointly. I read that if you made under $80,000 in Canada or Mexico, you can exclude it from income on your American tax return (but you cannot claim a foreign tax credit). If you include your income, you can claim a foreign tax credit as an itemized deduction. I am by no means an American tax expert. I welcome anyones insight.

Thanks

A


I-130:

05/26/07: Mailed USPS; 05/31/07: Priority Date established
09/13/07: Received NOA1 (PD 5/31, RD 5/31, ND 9/10, PM 9/11)
11/15/07: Case Approved
11/20/07: Received NOA2 by mail (PD 5/31, RD 6/9, ND 11/15, PM 11/19)

I-129F:
06/27/07: Mailed USPS; 07/09/07: Received NOA1 (PD N/A, RD 7/2, ND 7/6, PM 7/6)
11/20/07: Received NOA2 by mail (PD N/A, RD 7/6, ND 11/15, PM 11/19)
12/10/07: NVC Received case (12/24/07: Received Packet 3 in the mail)
01/02/08: Email from consulate. Interview scheduled on 01/23. Interview letter in the mail.
01/23/08: Interview in Vancouver Approved
01/24/08: K-3 Visa granted

I-485/I-765 (AOS/EAD):
02/22/08: Mailed USPS; 03/03/08: Received both I-797C NOAs by mail (RD 2/24, ND 2/29, PM 2/29)
03/19/08: Biometrics
05/07/08: EAD card received
07/28/08: Interview Notice Received. (ND 7/23)
09/29/08: Interview - Approved Class CR6

10/18/08: Received welcome letter; 10/23/08: Received Conditional Permanent Resident Card (PM 10/21)

I-751 (Remove Condition)

07/01/10: Mailed USPS
07/16/10: Received I-797C NOA by mail (RD 7/12)
07/29/10: Biometrics Appt Scheduled for 08/19/10 (ND 7/26)

09/16/10: Condition lifted and Permanent Resident Card Printed

09/25/10: Permanent Resident Card received

N-400 (Citizenship):
03/03/14: Mailed USPS
03/15/14: Received I-797C NOA by mail (PD 3/6, RD 3/06, ND 3/10)
03/17/14: Biometrics Appt Scheduled for 03/27/14 (ND 3/13)

04/03/14: Placed inline for interview scheduling

06/04/14: Interview Notice Received with Interview scheduled for 7/8. (ND 6/4)

07/08/14: Interview + RFE. Response Mailed 7/12. Website updated on 8/21 that response received. 8/25 Placed in queue for oath.

09/05/14: Oath Ceremony Letter Received (ND 9/2)

09/17/14: Oath Ceremony / Naturalized

PD = Priority Date, RD= Receipt Date, ND = Notice Date, PM = Post Marked

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Filed: Citizen (pnd) Country: Canada
Timeline

Me and my husband spent hours reading over documents from the IRS. I am also just took an american tax course....and unfortunately there is no clear cut answer. Hopefully we will get some help here.


I-130:

05/26/07: Mailed USPS; 05/31/07: Priority Date established
09/13/07: Received NOA1 (PD 5/31, RD 5/31, ND 9/10, PM 9/11)
11/15/07: Case Approved
11/20/07: Received NOA2 by mail (PD 5/31, RD 6/9, ND 11/15, PM 11/19)

I-129F:
06/27/07: Mailed USPS; 07/09/07: Received NOA1 (PD N/A, RD 7/2, ND 7/6, PM 7/6)
11/20/07: Received NOA2 by mail (PD N/A, RD 7/6, ND 11/15, PM 11/19)
12/10/07: NVC Received case (12/24/07: Received Packet 3 in the mail)
01/02/08: Email from consulate. Interview scheduled on 01/23. Interview letter in the mail.
01/23/08: Interview in Vancouver Approved
01/24/08: K-3 Visa granted

I-485/I-765 (AOS/EAD):
02/22/08: Mailed USPS; 03/03/08: Received both I-797C NOAs by mail (RD 2/24, ND 2/29, PM 2/29)
03/19/08: Biometrics
05/07/08: EAD card received
07/28/08: Interview Notice Received. (ND 7/23)
09/29/08: Interview - Approved Class CR6

10/18/08: Received welcome letter; 10/23/08: Received Conditional Permanent Resident Card (PM 10/21)

I-751 (Remove Condition)

07/01/10: Mailed USPS
07/16/10: Received I-797C NOA by mail (RD 7/12)
07/29/10: Biometrics Appt Scheduled for 08/19/10 (ND 7/26)

09/16/10: Condition lifted and Permanent Resident Card Printed

09/25/10: Permanent Resident Card received

N-400 (Citizenship):
03/03/14: Mailed USPS
03/15/14: Received I-797C NOA by mail (PD 3/6, RD 3/06, ND 3/10)
03/17/14: Biometrics Appt Scheduled for 03/27/14 (ND 3/13)

04/03/14: Placed inline for interview scheduling

06/04/14: Interview Notice Received with Interview scheduled for 7/8. (ND 6/4)

07/08/14: Interview + RFE. Response Mailed 7/12. Website updated on 8/21 that response received. 8/25 Placed in queue for oath.

09/05/14: Oath Ceremony Letter Received (ND 9/2)

09/17/14: Oath Ceremony / Naturalized

PD = Priority Date, RD= Receipt Date, ND = Notice Date, PM = Post Marked

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Hi all,

I was wondering what all the married couples were is doing for taxes this year (US side). I currently live/work in Canada (non-resident alien) and my husband lives/works in the USA. I think that we will most likely be filing jointly. I read that if you made under $80,000 in Canada or Mexico, you can exclude it from income on your American tax return (but you cannot claim a foreign tax credit). If you include your income, you can claim a foreign tax credit as an itemized deduction. I am by no means an American tax expert. I welcome anyones insight.

Thanks

A

I'm absolutely sure zyggy will have a better answer, but anyway, when I filed the last 3 years I used the f2555ez, which enabled me to exclude my "foreign earned income of $82,400 or less" (that figure is the 06 figure).

However, that only applies to bona fide residents (you have probably already looked at this).

It almost sounds like, from their instructions, that you might not be able to claim this credit - I don't know if you have seen this tax guide, there is a flow chart on page 12 that might help?

Don't know if you have see the U.S./Canada Tax treaty documentation?

Edited by trailmix

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Just thinking about taxes gives me a headache! Last year's was a bit a of a nightmare since D had Canadian income earned in Canada, Canadian income earned in the US and US income earned in the US. Long story short, we hired an accountant. Who still has not billed us almost a year later. But that's another story. :whistle:

Anyway, here is a link to another forum that specializes in US/CA tax issues. I have found it very helpful and at the very least someone there might be able to help out.

http://forums.serbinski.com/


canadaC.gif - Derek usaCa.gif- KJ

TIMELINE

Civil Ceremony - 02/19/2005

I-130 Mailed Out - 02/25/2005

I-130 NOA1 - 03/04/2005

I-130 Approved - 04/07/2005

Pay I-864 - 05/13/2005

Return I-864 - 07/22/2005 *We mailed in the wrong birth certificate which led to a month or so delay*

Family Ceremony - 10/22/2005

Interview in Montreal - 12/22/2005

Activate Visa - 12/25/2005

Move to Virginia - 04/06/2006

Mailed I-751 - 11/02/2007

Received in Vermont - 11/05/2007

Check Cashed by VSC - 11/09/2007

Received NOA 1 - 11/10/2007

Biometrics - 01/10/2008

Card production ordered - 09/10/2008

Card received! - 09/17/2008

Now on to citizenship...

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If you file jointly, even though you are a non-resident alien you will be treated as a resident alien. Resident aliens are treated like Citizens in the fact that any (outside of US) is taxable. You would have to attach a statement to that effect.

EDIT - I TAKE THAT BACK ..... because you are not ending up as a resident by the end of 2007 it might change your eligibility.

Because of that I'd seriously recommend a competent tax professional. All of the sudden you are treated as something you are not so you are right in the fact that there is no clear cut answer to many things.

Besides your normal income is there any interest income or investments you would sell before moving?

Edited by jonandmary

Our Time line:

Met online in 1999

Met in Toronto May 2006

Engaged April 2007 Niagara Falls

***************************

K-1 Sent August 10th 2007 (CSC)

K-1 Received August 13th 2007

NOA1 September 26th 2007

NOA2 January 25th 2008

NVC Received February 1st 2008

NVC Sent to MTL February 5th 2008

Packet 3 Received February 19th 2008

Checklist Delivered to MTL February 29th 2008

Medical Exam March 6th 2008

Interview in MTL May 16th 2008 (Approved)

Received Visa May 21st 2008

***************************

Move from Canada September 1st 2008

POE @ Pearson Toronto - September 12th 2008

Wedding October 11th 2008

***************************

AOS Sent October 17th 2008 (REJECTED OCT 21st)

AOS RE-Sent October 27th 2008

NOA's Received November 6th 2008

RFE (No W2's/1099's) November 12th 2008

Biometrics Appointment November 24th 2008

Case sent to CSC December 3rd 2008

Bunch of Touches in January

Card Production Ordered February 27th 2008

***************************

Baby Adam born October 11th 2010 (2 year anniversary)

***************************

I-171 NOA Received December 17th 2010

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Filed: Citizen (pnd) Country: Canada
Timeline
If you file jointly, even though you are a non-resident alien you will be treated as a resident alien. Resident aliens are treated like Citizens in the fact that any (outside of US) is taxable. You would have to attach a statement to that effect.

EDIT - I TAKE THAT BACK ..... because you are not ending up as a resident by the end of 2007 it might change your eligibility.

Because of that I'd seriously recommend a competent tax professional. All of the sudden you are treated as something you are not so you are right in the fact that there is no clear cut answer to many things.

Besides your normal income is there any interest income or investments you would sell before moving?

I think you are correct. From what I understand, if we file jointly regardless of my residency I will be deemed to be a resident alien.

thanks for everyones help...what a mess!


I-130:

05/26/07: Mailed USPS; 05/31/07: Priority Date established
09/13/07: Received NOA1 (PD 5/31, RD 5/31, ND 9/10, PM 9/11)
11/15/07: Case Approved
11/20/07: Received NOA2 by mail (PD 5/31, RD 6/9, ND 11/15, PM 11/19)

I-129F:
06/27/07: Mailed USPS; 07/09/07: Received NOA1 (PD N/A, RD 7/2, ND 7/6, PM 7/6)
11/20/07: Received NOA2 by mail (PD N/A, RD 7/6, ND 11/15, PM 11/19)
12/10/07: NVC Received case (12/24/07: Received Packet 3 in the mail)
01/02/08: Email from consulate. Interview scheduled on 01/23. Interview letter in the mail.
01/23/08: Interview in Vancouver Approved
01/24/08: K-3 Visa granted

I-485/I-765 (AOS/EAD):
02/22/08: Mailed USPS; 03/03/08: Received both I-797C NOAs by mail (RD 2/24, ND 2/29, PM 2/29)
03/19/08: Biometrics
05/07/08: EAD card received
07/28/08: Interview Notice Received. (ND 7/23)
09/29/08: Interview - Approved Class CR6

10/18/08: Received welcome letter; 10/23/08: Received Conditional Permanent Resident Card (PM 10/21)

I-751 (Remove Condition)

07/01/10: Mailed USPS
07/16/10: Received I-797C NOA by mail (RD 7/12)
07/29/10: Biometrics Appt Scheduled for 08/19/10 (ND 7/26)

09/16/10: Condition lifted and Permanent Resident Card Printed

09/25/10: Permanent Resident Card received

N-400 (Citizenship):
03/03/14: Mailed USPS
03/15/14: Received I-797C NOA by mail (PD 3/6, RD 3/06, ND 3/10)
03/17/14: Biometrics Appt Scheduled for 03/27/14 (ND 3/13)

04/03/14: Placed inline for interview scheduling

06/04/14: Interview Notice Received with Interview scheduled for 7/8. (ND 6/4)

07/08/14: Interview + RFE. Response Mailed 7/12. Website updated on 8/21 that response received. 8/25 Placed in queue for oath.

09/05/14: Oath Ceremony Letter Received (ND 9/2)

09/17/14: Oath Ceremony / Naturalized

PD = Priority Date, RD= Receipt Date, ND = Notice Date, PM = Post Marked

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I think you are correct. From what I understand, if we file jointly regardless of my residency I will be deemed to be a resident alien.

thanks for everyones help...what a mess!

I'm pretty sure too - I just threw in the EDIT because I re-read something and it looked like it also was assuming that you'd be a resident alien anyways by the end of the year.

I went through a few IRS publications to try to figure it out myself and I can't believe how crazy that is. I thought my taxes were complex being that I have a corporation, investments, property, etc.


Our Time line:

Met online in 1999

Met in Toronto May 2006

Engaged April 2007 Niagara Falls

***************************

K-1 Sent August 10th 2007 (CSC)

K-1 Received August 13th 2007

NOA1 September 26th 2007

NOA2 January 25th 2008

NVC Received February 1st 2008

NVC Sent to MTL February 5th 2008

Packet 3 Received February 19th 2008

Checklist Delivered to MTL February 29th 2008

Medical Exam March 6th 2008

Interview in MTL May 16th 2008 (Approved)

Received Visa May 21st 2008

***************************

Move from Canada September 1st 2008

POE @ Pearson Toronto - September 12th 2008

Wedding October 11th 2008

***************************

AOS Sent October 17th 2008 (REJECTED OCT 21st)

AOS RE-Sent October 27th 2008

NOA's Received November 6th 2008

RFE (No W2's/1099's) November 12th 2008

Biometrics Appointment November 24th 2008

Case sent to CSC December 3rd 2008

Bunch of Touches in January

Card Production Ordered February 27th 2008

***************************

Baby Adam born October 11th 2010 (2 year anniversary)

***************************

I-171 NOA Received December 17th 2010

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Filed: Citizen (pnd) Country: Canada
Timeline
I think you are correct. From what I understand, if we file jointly regardless of my residency I will be deemed to be a resident alien.

thanks for everyones help...what a mess!

I'm pretty sure too - I just threw in the EDIT because I re-read something and it looked like it also was assuming that you'd be a resident alien anyways by the end of the year.

I went through a few IRS publications to try to figure it out myself and I can't believe how crazy that is. I thought my taxes were complex being that I have a corporation, investments, property, etc.

Tell me about it! I am a Canadian Tax professional...and i started to take American tax courses to americanize my skills...and OMG its a totally different animal. Its so freaking complicated it makes our tax system look like a cake walk.


I-130:

05/26/07: Mailed USPS; 05/31/07: Priority Date established
09/13/07: Received NOA1 (PD 5/31, RD 5/31, ND 9/10, PM 9/11)
11/15/07: Case Approved
11/20/07: Received NOA2 by mail (PD 5/31, RD 6/9, ND 11/15, PM 11/19)

I-129F:
06/27/07: Mailed USPS; 07/09/07: Received NOA1 (PD N/A, RD 7/2, ND 7/6, PM 7/6)
11/20/07: Received NOA2 by mail (PD N/A, RD 7/6, ND 11/15, PM 11/19)
12/10/07: NVC Received case (12/24/07: Received Packet 3 in the mail)
01/02/08: Email from consulate. Interview scheduled on 01/23. Interview letter in the mail.
01/23/08: Interview in Vancouver Approved
01/24/08: K-3 Visa granted

I-485/I-765 (AOS/EAD):
02/22/08: Mailed USPS; 03/03/08: Received both I-797C NOAs by mail (RD 2/24, ND 2/29, PM 2/29)
03/19/08: Biometrics
05/07/08: EAD card received
07/28/08: Interview Notice Received. (ND 7/23)
09/29/08: Interview - Approved Class CR6

10/18/08: Received welcome letter; 10/23/08: Received Conditional Permanent Resident Card (PM 10/21)

I-751 (Remove Condition)

07/01/10: Mailed USPS
07/16/10: Received I-797C NOA by mail (RD 7/12)
07/29/10: Biometrics Appt Scheduled for 08/19/10 (ND 7/26)

09/16/10: Condition lifted and Permanent Resident Card Printed

09/25/10: Permanent Resident Card received

N-400 (Citizenship):
03/03/14: Mailed USPS
03/15/14: Received I-797C NOA by mail (PD 3/6, RD 3/06, ND 3/10)
03/17/14: Biometrics Appt Scheduled for 03/27/14 (ND 3/13)

04/03/14: Placed inline for interview scheduling

06/04/14: Interview Notice Received with Interview scheduled for 7/8. (ND 6/4)

07/08/14: Interview + RFE. Response Mailed 7/12. Website updated on 8/21 that response received. 8/25 Placed in queue for oath.

09/05/14: Oath Ceremony Letter Received (ND 9/2)

09/17/14: Oath Ceremony / Naturalized

PD = Priority Date, RD= Receipt Date, ND = Notice Date, PM = Post Marked

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

If the Canadian makes less then $80k (outside of the US), I don't see any reason not to file jointly. You put both incomes in line 7(or there abouts) then deduct it all line 22ish with form 2555. So it's not a tax credit, but your US taxes are calculated as if both of you are living on the USC income. if you make more than that, you can probably afford to hire an accountant to help you out. my advice is only for those of us that are poor. ^_^

Edited by thermophile

met summer 1999, summer 2000 hooked up-whoo hoo summer fling

summer fling failed to fizzle, married 2003

I-130 mailed 12/15/03

4/1/04 no word from NE contacted senators office, app found

NOA1 4/13/04

Gave up on ridiculously long US process-started Canadian

12/4/04 submitted app

LSS app returned because of missed signatures, lost in transit, resubmitted in June

9/28/05 landed, yippie

10/4/05 fly back to US to "finish up Master's" lose mind and switch to PhD

Damn it back to the US process

3/something/2005 finally get NOA2, no idea why it took so long

4/15/07 get case approval from NVC

8/9/07 Montreal here we come

10/14/07 hubby activated his visa

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I'm taking mine to the tax guy around the corner from me who does both US and Canadian taxes.


Adjustment of Status / EAD / AP
Day 000: 2007-12-27 Mailed Application
Day 002: 2007-12-29 Received at Chicago Lockbox
Day 003: 2007-12-30 "Received Date"
Day 007: 2008-01-03 All 5 NOAs (K1 + K2 AOS, K1 EAD, K1 + K2 AP)
Day 008: 2008-01-04 K-2 AOS Touched
Day 011: 2008-01-07 $1610 Check cleared
Day 011: 2008-01-07 All 5 physical NOAs received
Day 012: 2008-01-08 K-1 files Touched, but not K-2
Day 014: 2008-01-10 K-2 AP Touched
Day 016: 2008-01-12 Biometrics Appt. Letter Received
Day 029: 2008-01-25 Biometrics Appt.
Day 043: 2008-02-08 K-2 Notice of interview received
Day 044: 2008-02-09 K-1 Notice of interview received
Day 056: 2008-02-21 APs approved and EAD card production ordered
Day 126: 2008-05-01 Interviews
-----------------------------------------------------------
K1/K2 Application
Day 000: 2007-03-16 Sent out I-129F Package
Day 012: 2007-03-28 NOA1
Day 082: 2007-06-06 NOA2
Day 103: 2007-06-27 NVC Received
Day 105: 2007-06-29 NVC Forwarded to Montreal
Day 117: 2007-07-11 Montreal Sends Packet 3
Day 125: 2007-07-19 Receive Packet 3
Day 129: 2007-07-23 Send Checklist and Forms Back
Day 131: 2007-07-25 Montreal Receives Packet 3
Day 137: 2007-07-31 Medical
Day 169: 2007-09-01 "Wedding" (aka the $10K party)
Day 192: 2007-09-24 Receive "Packet 4" (Interview letter)
Day 238: 2007-11-09 Interview in Montreal
Day 245: 2007-11-16 Visas Received
Day 248: 2007-11-19 Moved to USA
Day 249: 2007-11-20 Legal wedding


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If the Canadian makes less then $80k (outside of the US), I don't see any reason not to file jointly. You put both incomes in line 7(or there abouts) then deduct it all line 22ish with form 2555. So it's not a tax credit, but your US taxes are calculated as if both of you are living on the USC income. if you make more than that, you can probably afford to hire an accountant to help you out. my advice is only for those of us that are poor. ^_^

The way I always thought about it - is if you are not a USC or Resident Alien and you don't work (can't legally anyways) that you don't file a tax return. I don't comprehend how the IRS would even keep track of a non-resident alien with out a SSN. If you are a Resident Alien it is just like you are a citizen to the IRS and you would have to claim income regardless of where you made it.

If you were living together and you could use the joint filing to work out you stated, and then take benefit of the added dependent as a tax break.

It's a tax credit because you are adding in the income made in CA, then counting the fact that taxes were already imposed on that income - nullifying the need for further taxation on the CAC's claimed income. I'm assuming they'd be at a lower tax rate in the US - even taxable income over 188k (joint) is at 33% which I imagine is less than what it would be up in CA.


Our Time line:

Met online in 1999

Met in Toronto May 2006

Engaged April 2007 Niagara Falls

***************************

K-1 Sent August 10th 2007 (CSC)

K-1 Received August 13th 2007

NOA1 September 26th 2007

NOA2 January 25th 2008

NVC Received February 1st 2008

NVC Sent to MTL February 5th 2008

Packet 3 Received February 19th 2008

Checklist Delivered to MTL February 29th 2008

Medical Exam March 6th 2008

Interview in MTL May 16th 2008 (Approved)

Received Visa May 21st 2008

***************************

Move from Canada September 1st 2008

POE @ Pearson Toronto - September 12th 2008

Wedding October 11th 2008

***************************

AOS Sent October 17th 2008 (REJECTED OCT 21st)

AOS RE-Sent October 27th 2008

NOA's Received November 6th 2008

RFE (No W2's/1099's) November 12th 2008

Biometrics Appointment November 24th 2008

Case sent to CSC December 3rd 2008

Bunch of Touches in January

Card Production Ordered February 27th 2008

***************************

Baby Adam born October 11th 2010 (2 year anniversary)

***************************

I-171 NOA Received December 17th 2010

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
The way I always thought about it - is if you are not a USC or Resident Alien and you don't work (can't legally anyways) that you don't file a tax return. I don't comprehend how the IRS would even keep track of a non-resident alien with out a SSN. If you are a Resident Alien it is just like you are a citizen to the IRS and you would have to claim income regardless of where you made it.

actually that's the opposite of what I meant. I'm assuming that you are the USC and your spouse is the non-citizen for this: you're married and your spouse makes less than $80k outside of the US. If your spouse doesn't have an SSN, you'll need to get an ITIN from the IRS for the spouse. Then you file jointly, with your combined income on line 7ish, then exclude the first $80k using form 2555.

If you were living together and you could use the joint filing to work out you stated, and then take benefit of the added dependent as a tax break.

you don't have to live together, just being married is good enough for the IRS

It's a tax credit because you are adding in the income made in CA, then counting the fact that taxes were already imposed on that income - nullifying the need for further taxation on the CAC's claimed income. I'm assuming they'd be at a lower tax rate in the US - even taxable income over 188k (joint) is at 33% which I imagine is less than what it would be up in CA.

it's not the same as the foreign tax credit because you are excluding foreign income from your taxable income instead of deducting the amount of foreign tax from your tax liability.


met summer 1999, summer 2000 hooked up-whoo hoo summer fling

summer fling failed to fizzle, married 2003

I-130 mailed 12/15/03

4/1/04 no word from NE contacted senators office, app found

NOA1 4/13/04

Gave up on ridiculously long US process-started Canadian

12/4/04 submitted app

LSS app returned because of missed signatures, lost in transit, resubmitted in June

9/28/05 landed, yippie

10/4/05 fly back to US to "finish up Master's" lose mind and switch to PhD

Damn it back to the US process

3/something/2005 finally get NOA2, no idea why it took so long

4/15/07 get case approval from NVC

8/9/07 Montreal here we come

10/14/07 hubby activated his visa

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Filed: Timeline
I'm taking mine to the tax guy around the corner from me who does both US and Canadian taxes.

I will do exactly the same thing. It's way too insane for me to try and figure it out on my own - tax language is one I will never understand!

I guess it will be another year of HR Block for us.

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