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GnBnL

Resident status for taxes?

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Filed: K-1 Visa Country: Canada
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hi,

I'm in Canada currently doing my taxes... here is my situation...my USC husband and I are technically separated, and my green card is still pending, and I have no idea what to put on my tax forms as I dropped my Canadian health insurance letting them know I no longer lived in Canada, so they then told me if I moved back to Canada, I would no longer be considered a resident and would have to live there for one year before I could qualify for health care.... Ok, so really confused as to what I should put on my tax forms under whether I am a resident of either country since I don't have a green card and apparently Canada has kicked me off the residents list? Sorry if this seems obvious, I've been a little preoccupied with the demise of my short marriage, so any help would be appreciated and judgmental remarks of course would not be :) thank you kindly!

It also asks for info on my spouse, but he obviously has no SIN, etc, so what do I put? I considered just putting separated to avoid filling in those blanks?

Thank u everyone.


I-129F Sent : 2011-01-20

I-129F NOA1 : 2011-01-24

I-129F NOA2 : 2011-06-08

Packet 3 Received : 2011-07-02

Packet 3 Sent : 2011-07-03

Packet 4 Received : 2011-07-21

Interview Date : 2011-08-24

Interview Result :Approved!

POE: 2011-09-12

Married: 2011-09-30

AOS filed: 2011-10-17

NOA1: 2011-10-25

Biometrics Appt: 2011-11-09

Case transferred to CSC: 2011-12-23

EAD approval: 2011-12-28

Husband secretly pulled I-864 thus cancelling I-485 application 2012-05-10

F22zm4.png[/center]

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Filed: Citizen (apr) Country: Poland
Timeline

Dear GnBnl,

It appears that you have done everything to get your temporary green card, why are worrying about getting it? Did you file all the necessary paperwork to get it? In my opinion you should fill out your taxes based on your years situation ie, if you have been married all this time, "married" I think you understand. I think for your situation the real problem isn't now if you have filed all your paperwork for a temporary green card but when and if you file to remove conditions if you are still separated. Removal of conditions is based on your marriage to a USC so if you are separated technically you aren't in a sucessful marriage and it could cause some problems down the line proving your marriage.

I hope that this helps.

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Dear GnBnl,

It appears that you have done everything to get your temporary green card, why are worrying about getting it? Did you file all the necessary paperwork to get it? In my opinion you should fill out your taxes based on your years situation ie, if you have been married all this time, "married" I think you understand. I think for your situation the real problem isn't now if you have filed all your paperwork for a temporary green card but when and if you file to remove conditions if you are still separated. Removal of conditions is based on your marriage to a USC so if you are separated technically you aren't in a sucessful marriage and it could cause some problems down the line proving your marriage.

I hope that this helps.

Sorry but your reply has nothing to do with the question that the OP asked. This is a tax question related to Canada. :wacko:

Edited by LIFE'SJOURNEY

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Filed: IR-1/CR-1 Visa Country: Canada
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At the risk of veering off topic a little bit.

I believe that you were advised wrong on the health piece. I'm Canadian was a resident in BC before moving to the US on a work Visa. Once I was down there I cancelled the BC Health. Returned to Canada 9 months later (was not gone for 1 year), this time to Manitoba. Went in to get a Manitoba Health card and they gave it to me the same day. I seem to remember them saying that if I was transferring from another province there would have been a year waiting period but since I was returning from the US ... basically welcome back. I'd take a closer look at that if I were you.

Sadly ... taxes are above my head.

Edited by tommyintoronto

Married: 2010-10-02

USCIS

2011-11-02 - I130 Sent

2011-11-09 - I130 NOA1

2012-04-06 - I130 NOA2

NVC

2012-04-23 - Case received at NVC

2012-05-21 - Case complete at NVC

Consulate

2012-06-11 - Medical

2012-07-12 - Interview in Montreal

2012-XX-XX - Visa in Hand

2012-XX-XX- POE

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Filed: K-1 Visa Country: Canada
Timeline

Sorry but your reply has nothing to do with the question that the OP asked. This is a tax question related to Canada. :wacko:

:thumbs:

Agreed,

thanks for the feedback, but yes, just looking for tax return info. I got the ROC/GC thing covered thank you.

At the risk of veering off topic a little bit.

I believe that you were advised wrong on the health piece. I'm Canadian was a resident in BC before moving to the US on a work Visa. Once I was down there I cancelled the BC Health. Returned to Canada a year later, this time to Manitoba. Went in to get a Manitoba Health card and they gave it to me the same day. I seem to remember them saying that if I was transferring from another province there would have been a year waiting period but since I was returning from the US ... basically welcome back. I'd take a closer look at that if I were you.

Sadly ... taxes are above my head.

Yes, thank you! I think maybe they meant in BC? not sure? anyway, I'm not too worried about it... thanks for letting me know tho! I believe I lack insurance in both Countries now! lol!


I-129F Sent : 2011-01-20

I-129F NOA1 : 2011-01-24

I-129F NOA2 : 2011-06-08

Packet 3 Received : 2011-07-02

Packet 3 Sent : 2011-07-03

Packet 4 Received : 2011-07-21

Interview Date : 2011-08-24

Interview Result :Approved!

POE: 2011-09-12

Married: 2011-09-30

AOS filed: 2011-10-17

NOA1: 2011-10-25

Biometrics Appt: 2011-11-09

Case transferred to CSC: 2011-12-23

EAD approval: 2011-12-28

Husband secretly pulled I-864 thus cancelling I-485 application 2012-05-10

F22zm4.png[/center]

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

From Health Canada's website. Fortunately Manitoba didn't apply this 3 month wait.

How do I resume my health care coverage when returning to Canada following a lengthy absence?

A three-month waiting period is usually applied before coverage is reinstated. For information on requirements and conditions for reinstating health insurance coverage, contact the Ministry of Health of the province or territory to which you intend to return.

I took a look at OHIP's site and looks like they do apply this 3 month rule.

That said, they state that 3 months from the date of residence which to me would mean the day you get back to Canada. If you're here .... you're a resident regardless of your healthcare status.


Married: 2010-10-02

USCIS

2011-11-02 - I130 Sent

2011-11-09 - I130 NOA1

2012-04-06 - I130 NOA2

NVC

2012-04-23 - Case received at NVC

2012-05-21 - Case complete at NVC

Consulate

2012-06-11 - Medical

2012-07-12 - Interview in Montreal

2012-XX-XX - Visa in Hand

2012-XX-XX- POE

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Filed: K-1 Visa Country: Canada
Timeline

From Health Canada's website. Fortunately Manitoba didn't apply this 3 month wait.

How do I resume my health care coverage when returning to Canada following a lengthy absence?

A three-month waiting period is usually applied before coverage is reinstated. For information on requirements and conditions for reinstating health insurance coverage, contact the Ministry of Health of the province or territory to which you intend to return.

I took a look at OHIP's site and looks like they do apply this 3 month rule.

That said, they state that 3 months from the date of residence which to me would mean the day you get back to Canada. If you're here .... you're a resident regardless of your healthcare status.

:thumbs:

thank u!


I-129F Sent : 2011-01-20

I-129F NOA1 : 2011-01-24

I-129F NOA2 : 2011-06-08

Packet 3 Received : 2011-07-02

Packet 3 Sent : 2011-07-03

Packet 4 Received : 2011-07-21

Interview Date : 2011-08-24

Interview Result :Approved!

POE: 2011-09-12

Married: 2011-09-30

AOS filed: 2011-10-17

NOA1: 2011-10-25

Biometrics Appt: 2011-11-09

Case transferred to CSC: 2011-12-23

EAD approval: 2011-12-28

Husband secretly pulled I-864 thus cancelling I-485 application 2012-05-10

F22zm4.png[/center]

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For your taxes I would put "married" but filing "separately". Where it ask for spouse SIN # you can put "none" Non-Resident of Canada. You will still provide spouses name and address. Residence eligibility for health care and taxes can be different. For example, I am considered a residence for CRA tax purposes but not a residence to be eligible for Manitoba medical. Where are you living right now if you do not have your US status? If you are still in Canada then you will still be a Canadian resident. If you have been in the US but have now returned to live in Canada then your "clock" for your residency for healthcare purposes has already started. Your challenge will to prove the date you returned to Canada and you may or may not of got "former resident" "B4" issued to you when you moved back or at the least a stamp in your passport if you drove across a land border. I need a little more info to offer anymore advice.

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