POE Question

[canuckbos 10]

Hi, I have a question; when I get my approval for my IR1/CR1 Visa and I get the "sealed evelope" to hand in to immigration when I officially enter the USA as a permanent resident; can I hold on to the envelope, and still crossover the boarder for reasons other then the offical move??

I know I have 1 year to make the move; but can I hold off giving them the envelope until I am ready to move? I may want to delay my official entry but still go back and forth for other reasons.....

Anyone know the answer?

Thanks!

[ryna 132]

Hi, I have a question; when I get my approval for my IR1/CR1 Visa and I get the "sealed evelope" to hand in to immigration when I officially enter the USA as a permanent resident; can I hold on to the envelope, and still crossover the boarder for reasons other then the offical move??

I know I have 1 year to make the move; but can I hold off giving them the envelope until I am ready to move? I may want to delay my official entry but still go back and forth for other reasons.....

Anyone know the answer?

Thanks!

Someone will correct me if I'm wrong but, with an IR1/CR1, you will enter as an LPR and can go back and forth as you please from Day 1 (as long as they put the I-551 stamp in the passport) or after approximately 2 weeks when the actual GC arrives. Unless you plan to spend more than 1/2 of the first year outside of the U.S., there shouldn't be a problem.

[ryna 132]

On the the other hand, as a Canadian, you could simply try entering as normal and see if they want the envelope or not...

[canuckbos 10]

On the the other hand, as a Canadian, you could simply try entering as normal and see if they want the envelope or not...

Thanks.

I may want to delay my official entry to have a official date on record. If I am living in a different country my husband can file single and not have to claim my Canadian income on his US tax return if I lived a major portion of the year in Canada and since it looks like we may be at August by the time we get approved we were wondering about this...it would save him a lot of $$, but if it doesn't work out, we really don't care... just thinking that's all.

[Rushton50 10]

Thanks.

I may want to delay my official entry to have a official date on record. If I am living in a different country my husband can file single and not have to claim my Canadian income on his US tax return if I lived a major portion of the year in Canada and since it looks like we may be at August by the time we get approved we were wondering about this...it would save him a lot of $$, but if it doesn't work out, we really don't care... just thinking that's all.

Be warned! it is down to the entry officer to admit you, to what status is down to them on the day, they may see the visa and may want to process you there and then,if you request they may honor, but no assurances!

Edited May 12, 2011 by Rushton50

[canuckbos 10]

Be warned! it is down to the entry officer to admit you, to what status is down to them on the day, they may see the visa and may want to process you there and then,if you request they may honor, but no assurances!

Thanks, good advice. We shall see how it works out then.

[CanAmBride 5]

Just an FYI, I was informed by my accountant that even if you don't live in the country, your husband has to file as married. My husband received his Green Card and did his POE in December 2010 and we had to file 'married filing jointly'. However, we did not have to claim his Canadian income this year because he spent less than 6 months living in the US. Also another FYI - if you do have to claim your Canadian income, you can also use the Canadian income taxes you paid as a write-off because of the "Foreign Income Tax Credit". For us, it will end up pretty much being a wash.

I'm not a tax professional, so I would consult one just to be sure.

[OBX 51]

Just an FYI, I was informed by my accountant that even if you don't live in the country, your husband has to file as married. My husband received his Green Card and did his POE in December 2010 and we had to file 'married filing jointly'. However, we did not have to claim his Canadian income this year because he spent less than 6 months living in the US. Also another FYI - if you do have to claim your Canadian income, you can also use the Canadian income taxes you paid as a write-off because of the "Foreign Income Tax Credit". For us, it will end up pretty much being a wash.

I'm not a tax professional, so I would consult one just to be sure.

^Agree. That's what I understand as well. You cannot file as single if you are married, you can however, file as married filing single, married filing joint or I believe in some cases as head of household.

[canuckbos 10]

^Agree. That's what I understand as well. You cannot file as single if you are married, you can however, file as married filing single, married filing joint or I believe in some cases as head of household.

Thanks. Last year he was able to file "married filing single" due to me not living there and saved money this way.

I mis-spoke when I said he filed single, wrong terminology.

We thought we might try to get a tax break again this year if we could, why give it to the tax-man if you can legally keep it?

[OBX 51]

Thanks. Last year he was able to file "married filing single" due to me not living there and saved money this way.

I mis-spoke when I said he filed single, wrong terminology.

We thought we might try to get a tax break again this year if we could, why give it to the tax-man if you can legally keep it?

For sure!

A little FYI: You can file married filing joint even if you are not in the US. The USC can attach a letter stating that they are electing to treat their non-resident spouse as a resident and then you can exempt your earned Canadian income using form 2555. Some people find this gives them a bigger refund. IRS Tx Guide for Aliens

Good luck! I'm still trying to recover from tax season.