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Working in Canada after getting CR-1

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Hi there, I posted this in the NVC forum but I thought I'd post it here as well seeing as there maybe someone from Canada that is in the same boat as I am or at least has a similar experience. I want to know if anyone has any information or experience of working outside of the US after you have received your visa CR-1.

I am working in Canada now pending my CR-1 Visa, but I may continue to work in Canada until my contract expires or until I get an equal or better opportunity in the US. I will most likely just travel back and forth every few weeks or once a month back to my wife in the US. Will this create an issue for me in terms of taxes, immigration etc? I know I will have to report all World Income earned and may be taxed on the difference of what is owing to the IRS if I don't get taxed enough in the foreign country.

I am not quite at the interview process yet but it shouldn't be long and I want to know what your experiences are so I can plan accordingly. Ideally, I would like to find employment in the US that is equivalent to my current position / salary.

Thanks for all your input in advance.

I just noticed that you are on contract. Are you self employed? If so, that could potentially be an advantage.

Sly

Yes Sly, I'm self-employed. I'm an IT Consultant. I don't have difficulties finding positions in the States but it's the time of year when my Visa will be approved that causes concerns. I am approximating that I'll get my interview in either Oct or Nov. If it's November it's close to American holidays and thus is hard to find new work at that time. My current contract is in Calgary and since I'm currently working there, the "holiday" season will no effect me in terms of earning income, hope that made sense. I am going to apply to whatever positions I can find once I know when my interview is scheduled for, that way I can give any potential US employers or clients an approximate start-date, but I can't do that now because I have no idea what the interview times are like for the Embassy in Montreal.

Well it cut this short, I was hoping that I could commute for a few weeks at a time on "business" to Canada and return on long weekends, my client gives it's employees and contractors the 1st and 3rd Friday of every month off, so that would be a good time to go back to the US to spend time with my wife. I know I'll have to file taxes in both countries, which is not an issue. I only hope that by commuting several weeks at a time does not put me into a bad position seeing as I'll be on a Conditional Greencard for the first 2 years.

If you know anything about owning a Canadian business that you could recommend me checking into that would be terrific too. I have a numbered company in Alberta that I use for corp-to-corp consulting. Will I have to close my business in Canada or open a US business to keep out of trouble?

History

12/2000 Met Online

02/14/2001 Started dating

04/20/2001 Met in person

03/2002 Moved in together in the US

2002 - 2007 working in US on TN-1 Visa

05/2005 Registered as Common-law

06/2005 Proposed and Engaged

08/30/2007 - Married

I-130 (156 Days)

02/20/2008 I-130 Filed

03/10/2008 NOA1 - CSC confirmation sent

03/12/2008 date on online tracking - Touched

08/11/2008 - NOA2 - I-130 APPROVED!!! USCIS page updated. (156 Days)

NVC

08/14/2008 - NVC received my application and has assigned me a case number. Waiting for Beneficiary letter.

08/15/2008 - e-mailed the NVC for choice of Agent DS-3032, not sure if I was suppose to do this before actually getting paperwork sent to me.

08/25/2008 - AOS Fee Bill and DS-3032 Generated

08/30/2008 - Letter Recieved

09/02/2008 - AOS Fee Bill Paid and DS-3032 Choice of Agent e-mail sent

09/03/2008 - AOS Fee Bill Recorded as Paid

09/10/2008 - NVC sends DS-3203 Receipt Confirmation

09/10/2008 - IV Fee Bill Available and Paid

09/11/2008 - IV Fee Bill Processed - PAID, Coversheet Generated

09/11/2008 - Following directions on James' Shortcuts for creating DS-230 Package

09/18/2008 - Sent in I-864 and DS-230 (FedEx Overnight)

09/29/2008 - NVC Case Completed!

09/??/???? - Packet never received (sent in with James' Shortcuts as soon as bill was paid)

12/03/2008 - Interview - APPROVED!

12/04/2008 - Visa Received

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Filed: Timeline
If you know anything about owning a Canadian business that you could recommend me checking into that would be terrific too. I have a numbered company in Alberta that I use for corp-to-corp consulting. Will I have to close my business in Canada or open a US business to keep out of trouble?

My financial consultant knows a lot about that. Halton Financial Group if you're interested. He's licensed in Canada and the US.

Edited by Krikit
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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
If you know anything about owning a Canadian business that you could recommend me checking into that would be terrific too. I have a numbered company in Alberta that I use for corp-to-corp consulting. Will I have to close my business in Canada or open a US business to keep out of trouble?

My financial consultant knows a lot about that. Halton Financial Group if you're interested. He's licensed in Canada and the US.

Thanks Krikit, I'll give him a call.

History

12/2000 Met Online

02/14/2001 Started dating

04/20/2001 Met in person

03/2002 Moved in together in the US

2002 - 2007 working in US on TN-1 Visa

05/2005 Registered as Common-law

06/2005 Proposed and Engaged

08/30/2007 - Married

I-130 (156 Days)

02/20/2008 I-130 Filed

03/10/2008 NOA1 - CSC confirmation sent

03/12/2008 date on online tracking - Touched

08/11/2008 - NOA2 - I-130 APPROVED!!! USCIS page updated. (156 Days)

NVC

08/14/2008 - NVC received my application and has assigned me a case number. Waiting for Beneficiary letter.

08/15/2008 - e-mailed the NVC for choice of Agent DS-3032, not sure if I was suppose to do this before actually getting paperwork sent to me.

08/25/2008 - AOS Fee Bill and DS-3032 Generated

08/30/2008 - Letter Recieved

09/02/2008 - AOS Fee Bill Paid and DS-3032 Choice of Agent e-mail sent

09/03/2008 - AOS Fee Bill Recorded as Paid

09/10/2008 - NVC sends DS-3203 Receipt Confirmation

09/10/2008 - IV Fee Bill Available and Paid

09/11/2008 - IV Fee Bill Processed - PAID, Coversheet Generated

09/11/2008 - Following directions on James' Shortcuts for creating DS-230 Package

09/18/2008 - Sent in I-864 and DS-230 (FedEx Overnight)

09/29/2008 - NVC Case Completed!

09/??/???? - Packet never received (sent in with James' Shortcuts as soon as bill was paid)

12/03/2008 - Interview - APPROVED!

12/04/2008 - Visa Received

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  • 4 weeks later...
Filed: K-3 Visa Country: Canada
Timeline

Aha... I've found fellow vj'rs in a similar position! I too continue to work in Canada after I received my PR status in Apr. of this year. We were married last year and both filed as "married" though I filed in Canada( as a Canadian resident) and said my spouse makes no income in Canada and he filed in the US and said his spouse made no income in the US. I think it will change for filing this spring, as I have established residency in the US from Apr. of this year. I am wondering about how one files taxes in both countries and what this "world income" is all about?

The agent at my AOS interview did warn me about my going back and forth to Canada and recommended I get a job in the US a.s.a.p, as they could "take my greencard away" if they didn't believe I was really a resident in the US. I now have utility bills, bank statements, car insurance and mortgage papers with my name on them to prove I live Stateside. You are apparently "officially" okay to leave the US for not longer than 6 months at a time. If you plan to travel a lot I would really recommend getting the NEXUS border crossing card as you can avoid talking to live agents as much as possible and thus hopefully avoid getting a hassle!

A side note. As far as my Canadian employer and benefits provider is concerned, I have never left Canada. I continue to work and pay into a RRSP and get coverage under OHIP. Does Canada care that I claimed residency in the US if I don't leave Canada for more than 6 months at a time???

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Aha... I've found fellow vj'rs in a similar position! I too continue to work in Canada after I received my PR status in Apr. of this year. We were married last year and both filed as "married" though I filed in Canada( as a Canadian resident) and said my spouse makes no income in Canada and he filed in the US and said his spouse made no income in the US. I think it will change for filing this spring, as I have established residency in the US from Apr. of this year. I am wondering about how one files taxes in both countries and what this "world income" is all about?

The agent at my AOS interview did warn me about my going back and forth to Canada and recommended I get a job in the US a.s.a.p, as they could "take my greencard away" if they didn't believe I was really a resident in the US. I now have utility bills, bank statements, car insurance and mortgage papers with my name on them to prove I live Stateside. You are apparently "officially" okay to leave the US for not longer than 6 months at a time. If you plan to travel a lot I would really recommend getting the NEXUS border crossing card as you can avoid talking to live agents as much as possible and thus hopefully avoid getting a hassle!

A side note. As far as my Canadian employer and benefits provider is concerned, I have never left Canada. I continue to work and pay into a RRSP and get coverage under OHIP. Does Canada care that I claimed residency in the US if I don't leave Canada for more than 6 months at a time???

You cant' have your feet on both sides of the fence (living in the US and also claiming Canadian residence and medicare). There are other Canadians that live in the US close to the border and commute to work in Canada every day. As long as u do your taxes in the US and Canada properly there is not problem.

Sly

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