Jump to content
trailmix

2010 Tax thread - For Canada and the U.S.

 Share

227 posts in this topic

Recommended Posts

Filed: K-3 Visa Country: Canada
Timeline

Ok so I found this tonight (doing Varba and my US taxes)

*

If you are the nonresident alien spouse of a U.S. citizen or resident alien, you can elect to be treated as a U.S. resident in order to file a joint return. In this case, you can take the foreign earned income exclusion if otherwise qualified.

Note: A nonresident alien is generally not subject to U.S. tax on compensation for services performed outside the U.S. Thus, under the dual-status rules, aliens would not report their foreign earned during the non-residency part of the tax year. *

So, I got one last pay cheque after I moved. I only claim that amount?

I am still non-resident alien.

Im assuming you're filing joint return?

you will file all your 2009 income. Use form 2555 to exclude your canadian income and use form 1116 to take a foreign tax credit.

If you do not want to report your canadian income, you must file dual status which does not allow MFJ (married filing jointly) and many other restrictions. (i was going to do this but its one of the most difficult tax filing. My accountant didnt even want to do it.

K-3:

Marriage : 2008-03-22

I-130 Sent : 2008-11-15

Appointment @ consulate: 2009-04-09 - Approved!

Picked up K3 visa & passport: 2009-04-14

POE @ Blaine, WA: 2009-04-24

EAD app sent to USCIS California: 2009-04-28

EAD app rec'd @ USCIC CA: 2009-04-30

EAD NOA: 2009-05-11

Biometrics Appt: 2009-07-27

EAD Approved/Card Production: 2009-7-31

EAD Received: 2009-09-06

AOS packet & change of address sent: 2009-12-23

Biometrics Interview: 2010-02-23

Interview Date: 2010-03-16 APPROVED

GC received March 29, 2010

Removal of Conditions

Application sent: January 04, 2012

Rec'd Notice of Bio appt: January 24, 2012

Biometrics appt: February 24, 2012

Rec'd approval notice: dated July 7, 2012

Rec'd 10yr green card: July 17, 2012 (dated july 10, 2012) - rec'd IR-6 status

Vancouver Consulate Review: http://www.visajourney.com/forums/index.php?showtopic=190588

POE Review: http://www.visajourney.com/forums/index.php?showtopic=193529

Link to comment
Share on other sites

  • Replies 226
  • Created
  • Last Reply

Top Posters In This Topic

Filed: Citizen (apr) Country: Canada
Timeline

also, Serbinski Accounting Firm forum is very helpful. Not sure if anyone knows this site but it targets accounting issues and there is a forum for specifically for canada and US accounting/financial questions.

http://forums.serbinski.com/viewforum.php?f=2

You may be aware but you can file a Section 217 with the Cdn side (CRA) for your taxes on the Cdn income (EI)...you may get some of it back...probably not all but better then nothing

Wiz(USC) and Udella(Cdn & USC!)

Naturalization

02/22/11 - Filed

02/28/11 - NOA

03/28/11 - FP

06/17/11 - status change - scheduled for interview

06/20?/11 - received physical interview letter

07/13/11 - Interview in Fairfax,VA - easiest 10 minutes of my life

07/19/11 - Oath ceremony in Fairfax, VA

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

Removal of Conditions

12/1/09 - received at VSC

12/2/09 - NOA's for self and daughter

01/12/10 - Biometrics completed

03/15/10 - 10 Green Card Received - self and daughter

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

Link to comment
Share on other sites

Filed: K-3 Visa Country: Canada
Timeline

I'm aware :)

I dont get any credit on sec 217

K-3:

Marriage : 2008-03-22

I-130 Sent : 2008-11-15

Appointment @ consulate: 2009-04-09 - Approved!

Picked up K3 visa & passport: 2009-04-14

POE @ Blaine, WA: 2009-04-24

EAD app sent to USCIS California: 2009-04-28

EAD app rec'd @ USCIC CA: 2009-04-30

EAD NOA: 2009-05-11

Biometrics Appt: 2009-07-27

EAD Approved/Card Production: 2009-7-31

EAD Received: 2009-09-06

AOS packet & change of address sent: 2009-12-23

Biometrics Interview: 2010-02-23

Interview Date: 2010-03-16 APPROVED

GC received March 29, 2010

Removal of Conditions

Application sent: January 04, 2012

Rec'd Notice of Bio appt: January 24, 2012

Biometrics appt: February 24, 2012

Rec'd approval notice: dated July 7, 2012

Rec'd 10yr green card: July 17, 2012 (dated july 10, 2012) - rec'd IR-6 status

Vancouver Consulate Review: http://www.visajourney.com/forums/index.php?showtopic=190588

POE Review: http://www.visajourney.com/forums/index.php?showtopic=193529

Link to comment
Share on other sites

Im assuming you're filing joint return?

you will file all your 2009 income. Use form 2555 to exclude your canadian income and use form 1116 to take a foreign tax credit.

If you do not want to report your canadian income, you must file dual status which does not allow MFJ (married filing jointly) and many other restrictions. (i was going to do this but its one of the most difficult tax filing. My accountant didnt even want to do it.

Thanks so much! I can finish our taxes now :)

12/31/2009 - Marriage

07/21/2010 - AOS approved

08/04/2010 - Green Card received (and it's actually green!)

05/30/2012 - Sent ROC packet to VSC

06/08/2012 - Received NOA1 for ROC (Dated 06/04/2012)

Link to comment
Share on other sites

We decided to go dual-status with my husband so we could exclude his Canadian income and it made a huge difference, even filing separately. It is really a shame that an accountant didn't want to do that work because if I can do it, he could do it too. And I did it with Turbotax.

Sent I-130 to VT 25-Oct-2007

I-130 Moved to California 6-August-2008

My petition has been in 3 states (1, twice) in 9 months!

Rec'd by CSC 8/9, touched 8/11, 8/12, 8/15, 8/20, 8/25

Approved Tuesday, 25-August-2008

10 months since we mailed the petition

Rec'd NVC 9/3, Invoice Generated 9/10, DS-3032 emailed 9/11.

Rec'd AOS invoice 9/15, paid online 9/15, Accepted as Paid 9/18, mailed I-864EZ 9/19

IV Invoiced 9/18, paid online 9/19, Accepted as paid 9/22

DS-230 sent 10/2

Case complete @NVC 10/8 - 11 months, 1 week and 6 days

Interview in Montreal December 18, 2008 - scheduled 1 year, 1 week and 3 days after the start of our journey. Takes place 1 year, 1 month, 3 weeks and 2 days after the start...

[X] Passed [ ] Failed Interview

Thursday, April 2, 2009 Activated Visa - 1 year, 5 months, 1 week and 1 day

Link to comment
Share on other sites

Filed: AOS (apr) Country: Canada
Timeline

I am also extremely confused with taxes this year .. usualy in Canada (since I hate everything related to taxes, well except when I have a return .. lol) I just handed my taxes to my accountant and that was it :blush:

So this year, My accountant from Canada will do my Canadian taxes.

Now for the U.S taxes, how does it work ? if my wife file taxes jointly and include me on her taxes, do I still have to file taxes myself for the U.S ? do we have to use form 1116 ?

Also, back in 2009, was I non resident alien or resident alien ?????????????

I just do not know where to begin :unsure:

Thanks in advance for any help :thumbs:

Few are those who see with their own eyes and feel with their own hearts.

K1

2008-07-09 : I-129F Sent

2008-11-18 : I-129F NOA2

2008-11-24 : Consulate Received

2008-11-30 : Packet 3 Received

2009-01-26 : Medical appointment (3 vaccines shots !)

2009-02-09 : Packet 3 Sent

2009-03-30 : Packet 4 Received

2009-04-28 : Visa APPROVED !!!!!

2009-05-01 : Visa in hand !!!!!

2009-08-22 : Big smile and moving to sunny Florida

2009-08-23 : Finally here in Florida with my babe :)

2009-09-17 : Civil wedding :)

AOS

2009-10-13 : Filed for AOS, AP, EAD

2009-10-23 : AOS NOA Received

2009-10-23 : AP NOA Received

2009-10-23 : EAD NOA Received

2009-11-05 : AOS Transfered to CSC

2009-11-18 : Biometrics Appt.

2009-12-04 : AP Approved

2009-12-11 : EAD Card received

2010-02-16 : AOS Approved and Greencard Received ! :)

Removing conditions on 11/16/2011

Link to comment
Share on other sites

  • 2 weeks later...
Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Quick sanity check, to make sure I'm understanding something correctly:

I filed as married-filing-separately the last two years (2009 and 2008 tax years), because I didn't want to be taxed on Yvonne's Canadian income, not knowing I could have it excluded as a foreign tax credit. I'm looking at what to do with the 1040X to change filing status to married-filing-jointly and possibly get a better refund.

I'm not worried (yet) about what forms I need, as I used H&R Block Taxcut to fill out my original forms, and will likely go back to it to work out the amendment paperwork.

Here's the check: Now that we have my Yvonne's SSN (came in the mail today!), I can use it for the amended returns, even though she didn't have the number in 2009 or 2008, correct?

Pauley on Twitter

Pauley on Facebook

Wedding photos on Flickr

*** If you add me on Twitter or Facebook from here, let me know who you are so I don't ignore/block you out-of-hand 'cause I don't recognize you! :)

Link to comment
Share on other sites

Filed: AOS (apr) Country: Canada
Timeline

Spoom, just saw your post on the other thread that you want merged here --

If you did not have an income here, you dont need to file taxes. I remember in 2009, I got the US tax booklet mailed to my Canadian address from the US for the 2008 tax year, even though I had not lived in the US for a year and had no income. Asked the accountant (hubby) what to do and he looked it up and said to just ignore it. As I did not work, I dont have to file taxes. I could have filled out the 1040NR and put zero in everything but I elected not to do that... and so far Im not in jail and have gotten residency, so I should be okay...? :D

Finally married... and still married... ;)

Green card received: March 18, 2011

Removal of Conditions:

GC Expiration: March 11, 2012

Documents sent: December 13, 2011

NOA-1 received: December 15, 2011

Check cashed: Red said yes when asked

Biometrics: January 25, 2012

Letter approving 10-year GC: September 7, 2012

Production of 10-year GC: September 15, 2012

Link to comment
Share on other sites

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

Quick sanity check, to make sure I'm understanding something correctly:

I filed as married-filing-separately the last two years (2009 and 2008 tax years), because I didn't want to be taxed on Yvonne's Canadian income, not knowing I could have it excluded as a foreign tax credit. I'm looking at what to do with the 1040X to change filing status to married-filing-jointly and possibly get a better refund.

I'm not worried (yet) about what forms I need, as I used H&R Block Taxcut to fill out my original forms, and will likely go back to it to work out the amendment paperwork.

Here's the check: Now that we have my Yvonne's SSN (came in the mail today!), I can use it for the amended returns, even though she didn't have the number in 2009 or 2008, correct?

I don't normally bump, but this went a few days without getting noticed; wanted to make sure it didn't get lost... :innocent::unsure:

Pauley on Twitter

Pauley on Facebook

Wedding photos on Flickr

*** If you add me on Twitter or Facebook from here, let me know who you are so I don't ignore/block you out-of-hand 'cause I don't recognize you! :)

Link to comment
Share on other sites

  • 5 months later...
Filed: K-1 Visa Country: Canada
Timeline

ooo gawd this is confusing...here goes and I hope someone with more brain power can provide some direction!

I expect to poe, Dec of 2010 - and to marry Dec18, 2010. So i know i have to file tax return in canada, as i will work until end of nov 2010. I am in bankruptucy procedure...long story...div., etc., hoping i will have discharge by the time i leave canada...

having said that....b/c we will be married in 2010 - when hubby files does he need to claim my canadian income? will the bankruptcy have any effect...any information on this would be much appreciated - i have zero experience in this field...normally take itto h nr and pay the fee and sing the papers!

tx guys

Link to comment
Share on other sites

Filed: AOS (apr) Country: Canada
Timeline

ooo gawd this is confusing...here goes and I hope someone with more brain power can provide some direction!

I expect to poe, Dec of 2010 - and to marry Dec18, 2010. So i know i have to file tax return in canada, as i will work until end of nov 2010. I am in bankruptucy procedure...long story...div., etc., hoping i will have discharge by the time i leave canada...

having said that....b/c we will be married in 2010 - when hubby files does he need to claim my canadian income? will the bankruptcy have any effect...any information on this would be much appreciated - i have zero experience in this field...normally take itto h nr and pay the fee and sing the papers!

tx guys

I am not sure on your questions, but when hubby was doing his taxes in the US for last year he used H&R. I was there with him and asked about doing our taxes for this year. The have people who are familiar with both US and Canada tax laws so they will be able to help file both returns. Maybe on your next visit you can pop into an office and ask...or have your fiance(e) ask for you.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline

We had H&R last year and they claimed my money on the joint taxes we filed and my income ended up putting my husband in a lower tax bracket and he had to pay nothing because I didnt make much. We also got a forgen tax credit from my income. The people we had at H&R seemed to know what they were doing. We just hope it doesnt come back to bite us in the #### later on for whatever reason! We picked H&R because of the special service of them taking care of mistakes made on the tax things specially when it was our first time filing together with my canadian income I had. Didnt wanna risk ourselfs messing it up badly because neither of us could understand all the confusing stuff!

for 2010 we will be filing joint with the base for free quick filing since I have no more canadian income.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Link to comment
Share on other sites

Filed: K-1 Visa Country: Canada
Timeline

I'm hoping someone can help me out with this - maybe just checklist of what we need to do/fill out :)

My fiance is moving from Toronto to Seattle with a K-1 visa in Nov. 2010, we're not getting married til Jan. 4, 2011.

He's quitting his job at the end of October so he can get his last paycheck, close his bank accounts, yada yada.

I know I'll still be filing as a single person here in the states for 2010, what does he have to do? He won't be working in the US til probably April of 2011. What forms will he have to file for his Canadian taxes? I tried reading through this forum but my brain almost exploded... :wacko:

Or would it be better if we got married before the end of 2010? Would that make a difference for either of our taxes?

Edited by Brandy&Albert

Timeline:

08/27/2006 - We meet in Toronto, Ontario

09/02/2006 - Decide to be an official 'couple' :)

....then follows 3.5 years of dating, flying from Seattle to Toronto every few months...

02/12/2010 - ENGAGED in Seattle!!

02/25/2010 - Mail I-129F

03/09/2010 - Receive NOA1

04/19/2010 - Approved!

04/24/2010 - Receive NOA2

06/16/2010 - Receive Packet 3 from Montreal

07/22/2010 - Packet 3 logged into MTL system

..... 48 days of waiting and calling DOS ......

09/08/2010 - P4 Mailed! (can't wait to find out when the interview is!!)

09/16/2010 - Brandy (USC) receives the P4 - before Albert :) he owes me $5 now...

10/27/2010 - K-1 interview! ***APPROVED!!***

11/21/2010 - POE

01/08/2011 - Married my best friend:) (civil ceremony)

AOS

02/04/2011 - Mailed I485 and I765

02/10/2011 - Received both NOA1's

03/11/2011 - Biometrics - passed

04/21/2011 - INTERVIEW!!!!!!!!

07/16/2011 - Wedding Ceremony and Reception!! :)

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline

He would be filing a leaving canada tax return. I had a hell of a time with CRA..... The GST thing was a big issue. They kept sending me it and saying I cashed the checks when I never did and i kept sending it back. I called them every day trying to tell them to STOP sending them and I sent them back to them they said they never got them. Took MONTHS for me to sort that out with them they " found " all the GST checks I sent back to them finally after yelling at this poor woman on the phone for 30 mins. I appologized to her and told her to make Dang sure that this time its FIXED and that I do not get anymore GST checks. 3 months later I get notified that I dont owe CRA GST payments. I still cant believe it took them 3 months from my phone call to imput the checks... soo just a heads up and make sure he gets that all cleared before he leaves LOL!

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Link to comment
Share on other sites

  • 1 month later...
Filed: K-1 Visa Country: Canada
Timeline

*bump* I'm really hoping someone can help us out here - (see my comment 2 posts prior)

Just trying to get everything figured out before POE next month! :)

Timeline:

08/27/2006 - We meet in Toronto, Ontario

09/02/2006 - Decide to be an official 'couple' :)

....then follows 3.5 years of dating, flying from Seattle to Toronto every few months...

02/12/2010 - ENGAGED in Seattle!!

02/25/2010 - Mail I-129F

03/09/2010 - Receive NOA1

04/19/2010 - Approved!

04/24/2010 - Receive NOA2

06/16/2010 - Receive Packet 3 from Montreal

07/22/2010 - Packet 3 logged into MTL system

..... 48 days of waiting and calling DOS ......

09/08/2010 - P4 Mailed! (can't wait to find out when the interview is!!)

09/16/2010 - Brandy (USC) receives the P4 - before Albert :) he owes me $5 now...

10/27/2010 - K-1 interview! ***APPROVED!!***

11/21/2010 - POE

01/08/2011 - Married my best friend:) (civil ceremony)

AOS

02/04/2011 - Mailed I485 and I765

02/10/2011 - Received both NOA1's

03/11/2011 - Biometrics - passed

04/21/2011 - INTERVIEW!!!!!!!!

07/16/2011 - Wedding Ceremony and Reception!! :)

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...