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Filed: K-1 Visa Country: Canada
Timeline
Posted

I moved to the US in September on a K1 and got married to my partner in October. He has never lived in Canada and has no Canadian income. I have no US income for 2015. I worked in Canada until I moved.

My understanding is that in terms of my Canadian tax responsibilities, I can file as married, and claim $0 income for my spouse, as long as I don't claim the spousal deduction.

My question is - *how* did you submit your tax information? Turbotax online won't let me opt out of the spousal deduction. Did you use an accountant? Did you just submit on paper? Is there tax software that *will* let you exclude that spousal deduction?



(Bonus question: in the US we will file married filing jointly, and request that I be considered a resident alien for the entire year. I think this means that we will include my Canadian income, but that the Canadian portion won't be taxed again on our US return. Is that correct? Does opting to go that route impact anything with the Canadian taxes, above, that I haven't considered?)

Thanks all. I have never been married before so filing jointly, and filing in two countries, is new me.

Posted

You can't file electronically after you start living here. You have to paper file. As for your other questions I have no idea; I'm using an accountant to help me with mine and I haven't done that yet. It's far too complicated and I don't want to mess it up.

2015-03-07: Got engaged (L)

2015-03-30: Sent I-129F to Dallas lockbox

2015-04-14: NOA1 Packet received, sent to CSC

2015-05-07: NOA2 Approved!

2015-06-15: Received Packet 3 by mail

2015-06-17: Sent Packet 3 to Consulate

2015-07-14: Received Packet 4

2015-08-10: Medical in Toronto

2015-08-16: Received medical envelope

2015-08-24: Montreal interview- APPROVED!

2015-08-27: Visa arrives at Loomis location

2015-08-28: Visa in hand!

2015-09-17: Entered USA

2015-10-23: Married!

2016-01-11: Sent AOS Package I-485, I-765, I-131

2016-01-21: NOA1 Package received

2016-02-19: Biometrics

2016-04-01: AOS interview- APPROVED!

2016-04-07: 2 yr cond green card in hand

2018-03-12: sent ROC

2018-03-19: NOA date, 2018-03-24 letter rec'd

2018-05-18: Biometrics appt waived

2019-06-04 New biometrics letter received

2019-06-10 Biometrics

2019-06-18 ROC Approved
2019-06-25 10 year Green Card in hand

Posted

Yes you can't file electronically but you can use the Netfile program to fill in all the information then print off a hardcopy. You would use the regular tax form 5006.

You then have to mail that hardcopy to International Tax Office, PO Box 9769, Station T, Ottawa , ON, K1G3Y4. I got this info from CRA as I too wanted to confirm how to file.

I don't see why you would have to claim your 2015 Cdn income on your US taxes but then this is my 1st time as well.

I-129F Sent : 2014-09-15
I-129F NOA1 : 2014-09-24
I-129F NOA2 : 2014-10-20
NVC Left : 2014-11-05
Packet 3 Received : 2014-11-13
Packet 4 Received : 2014-12-05
Medical : 2014-12-19
Interview Date : 2015-01-23 Montreal
Interview Result : Approved 2015-01-23
Loomis picked up passport from Montreal: 2015-01-27
Passport/visa in hand:2015-01-30

POE'd at Toronto Pearson Airport: 2015-04-01

SSN received: 2015-04-08 or so

Married : 2015-04-23

AOS/EAD/AP submitted as one : 2015-05-19

Biometrics AOS: 2015-06-15

EAD approved : 2015 July but did not receive until 2015-09-30

AOS interview: 2015-09-25

AOS approved: 2015-09-25

GC received: 2015-10-02

 

ROC I751 package mailed 7/19
uscis received package 7/21 as per USPS
check cashed 7/25/2017
noa i797 dated 7/21/2107/ WAC17293xxx
noa i797 received 7/27/2017

Biometrics not needed; used what was on file

Infopass i551 stamp ( 12months) done 8/17/2018

No RFE.

No Interview.

ROC approved Oct 25,2018.  i797 notice received Oct 29,2018 

PR card received Oct 30 2018 

 

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Yes you can't file electronically but you can use the Netfile program to fill in all the information then print off a hardcopy. You would use the regular tax form 5006.

You then have to mail that hardcopy to International Tax Office, PO Box 9769, Station T, Ottawa , ON, K1G3Y4. I got this info from CRA as I too wanted to confirm how to file.

I don't see why you would have to claim your 2015 Cdn income on your US taxes but then this is my 1st time as well.

My husband had to claim my CDN income last year on his US taxes, it's required by the IRS. We have an accountant who is an international tax accountant doing ours because we don't want to mess it up. The IRS requires even the statements of your Canadian RRSP accounts. They just want to know, I guess. And we don't want to tangle with them so....

ROC

01/18/2017   Sent in I-751

01/26/2017   Check cashed

01/28/2017   Received NOA dated 01/20/2017

02/16/2017   Biometrics done

10/24/2017   Traveled to Minneapolis for I551 stamp

02/26/2018     Case received by Field Office - S. Paul

05/012018     Case transferred to another USCIS office for processing 

N-400

02/02/2018    Filed N-400 online

02/05/2018    NOA online - NOA letter 02/09/2018

02/21/2018     Biometrics walk-in

 

Posted

Dualie, me too. Never ever want to mess with IRS/CRA.

I heard that if you have US income, (only?) then the IRS needs to know about your CDN RRSP information. I will have to do more research on this.

I think there is a forum about taxes but to go through all of those pages, shiver shiver.

We should have a summary 'page' for taxes like there is for what to do for k1/aos/roc, etc

If someone else can verify about this , please chime in.

I-129F Sent : 2014-09-15
I-129F NOA1 : 2014-09-24
I-129F NOA2 : 2014-10-20
NVC Left : 2014-11-05
Packet 3 Received : 2014-11-13
Packet 4 Received : 2014-12-05
Medical : 2014-12-19
Interview Date : 2015-01-23 Montreal
Interview Result : Approved 2015-01-23
Loomis picked up passport from Montreal: 2015-01-27
Passport/visa in hand:2015-01-30

POE'd at Toronto Pearson Airport: 2015-04-01

SSN received: 2015-04-08 or so

Married : 2015-04-23

AOS/EAD/AP submitted as one : 2015-05-19

Biometrics AOS: 2015-06-15

EAD approved : 2015 July but did not receive until 2015-09-30

AOS interview: 2015-09-25

AOS approved: 2015-09-25

GC received: 2015-10-02

 

ROC I751 package mailed 7/19
uscis received package 7/21 as per USPS
check cashed 7/25/2017
noa i797 dated 7/21/2107/ WAC17293xxx
noa i797 received 7/27/2017

Biometrics not needed; used what was on file

Infopass i551 stamp ( 12months) done 8/17/2018

No RFE.

No Interview.

ROC approved Oct 25,2018.  i797 notice received Oct 29,2018 

PR card received Oct 30 2018 

 

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Dualie, me too. Never ever want to mess with IRS/CRA.

I heard that if you have US income, (only?) then the IRS needs to know about your CDN RRSP information. I will have to do more research on this.

I think there is a forum about taxes but to go through all of those pages, shiver shiver.

We should have a summary 'page' for taxes like there is for what to do for k1/aos/roc, etc

If someone else can verify about this , please chime in.

I don't know much about navigating AOS, ROC and how it affects taxes, but anything I find out about cross border taxes I will gladly share with you all :D I have to start thinking about ROC in about a year so I will definitely be around. I'll probably never go away entirely, lol!!

ROC

01/18/2017   Sent in I-751

01/26/2017   Check cashed

01/28/2017   Received NOA dated 01/20/2017

02/16/2017   Biometrics done

10/24/2017   Traveled to Minneapolis for I551 stamp

02/26/2018     Case received by Field Office - S. Paul

05/012018     Case transferred to another USCIS office for processing 

N-400

02/02/2018    Filed N-400 online

02/05/2018    NOA online - NOA letter 02/09/2018

02/21/2018     Biometrics walk-in

 

Posted

Dualie you are correct - the IRS would like to know about RRSPs so we would need to file form 8938 with the 1040. We supposedly won't be taxed on the RRSP monies, unless I presume if you got income from them( you took money out). Got this from the IRS themselves (tel #267 941 1000/opt 4/opt 4).

I-129F Sent : 2014-09-15
I-129F NOA1 : 2014-09-24
I-129F NOA2 : 2014-10-20
NVC Left : 2014-11-05
Packet 3 Received : 2014-11-13
Packet 4 Received : 2014-12-05
Medical : 2014-12-19
Interview Date : 2015-01-23 Montreal
Interview Result : Approved 2015-01-23
Loomis picked up passport from Montreal: 2015-01-27
Passport/visa in hand:2015-01-30

POE'd at Toronto Pearson Airport: 2015-04-01

SSN received: 2015-04-08 or so

Married : 2015-04-23

AOS/EAD/AP submitted as one : 2015-05-19

Biometrics AOS: 2015-06-15

EAD approved : 2015 July but did not receive until 2015-09-30

AOS interview: 2015-09-25

AOS approved: 2015-09-25

GC received: 2015-10-02

 

ROC I751 package mailed 7/19
uscis received package 7/21 as per USPS
check cashed 7/25/2017
noa i797 dated 7/21/2107/ WAC17293xxx
noa i797 received 7/27/2017

Biometrics not needed; used what was on file

Infopass i551 stamp ( 12months) done 8/17/2018

No RFE.

No Interview.

ROC approved Oct 25,2018.  i797 notice received Oct 29,2018 

PR card received Oct 30 2018 

 

  • 2 weeks later...
Filed: K-1 Visa Country: Canada
Timeline
Posted

Question about filing taxes...

I moved to the US on Jan 22, 2016.

So all of my 2015 income was Canadian. My address info is all based on 2015 when they ask questions on the return. I still have my Canadian bank account that my last tax return was deposited.

So why can't I Netfile?

Filed: K-1 Visa Country: Canada
Timeline
Posted

Because it will not allow it without a Canadian address.

I just went thru Turbo Tax because Scotia bank offered me a discount to use it. When I did it all it was all based off my 2015 address. I went thru and double checked, and just completed it and Netfiled so I will see what happens in the coming days with the status. Currently online it says it's been received and filed.

Posted

But thsts NOT your current address. How did you make sure to note you are no longer a Canadian resident?

Or have you not moved yet and did not do exit taxes. Did you just did a regular tax return and plan on doing exit taxes next year?

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Filed: K-1 Visa Country: Canada
Timeline
Posted

But thsts NOT your current address. How did you make sure to note you are no longer a Canadian resident?

Or have you not moved yet and did not do exit taxes. Did you just did a regular tax return and plan on doing exit taxes next year?

At no point did it ask anywhere in turbo tax that I had moved. Everything it asks is "did you move during 2015". "Were you ever in a different province during 2015"

I didn't move til 2016 so everything I said was truthful

Posted

I guess that works for 2015 but you will have to file exit taxes in 2016 or find a way to inform the CRA you are no longer a resident.

Technically you are supposed to put your current address when you file, not your last Canadian address. You may want to call the international line for the CRA?

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)

Hmm I didn't think 8938 is meant to cover RRSPs, but I am NO expert. There used to be a form which you submitted with your US taxes to state the value of your foreign retirement accounts but I do know that is defunct in just the last couple years. Did this replace it?

I haven't had to file anything regarding my Locked-in retirement fund with my US taxes (hopefully I didn't screw that up!)

EDIT - I remember now, my LRIF is well under the $100,000 reporting threshold (when filing jointly) so I didn't have to file this form /relief!

Many folks from the Canadian forum have used this guy's US/Canada tax forums to ask questions.... http://forums.serbinski.com/

Dualie you are correct - the IRS would like to know about RRSPs so we would need to file form 8938 with the 1040. We supposedly won't be taxed on the RRSP monies, unless I presume if you got income from them( you took money out). Got this from the IRS themselves (tel #267 941 1000/opt 4/opt 4).

Edited by Udella&Wiz

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

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

Posted

Udella&Wiz, yes 8938 replaced some older form ( for RRSPs)

I-129F Sent : 2014-09-15
I-129F NOA1 : 2014-09-24
I-129F NOA2 : 2014-10-20
NVC Left : 2014-11-05
Packet 3 Received : 2014-11-13
Packet 4 Received : 2014-12-05
Medical : 2014-12-19
Interview Date : 2015-01-23 Montreal
Interview Result : Approved 2015-01-23
Loomis picked up passport from Montreal: 2015-01-27
Passport/visa in hand:2015-01-30

POE'd at Toronto Pearson Airport: 2015-04-01

SSN received: 2015-04-08 or so

Married : 2015-04-23

AOS/EAD/AP submitted as one : 2015-05-19

Biometrics AOS: 2015-06-15

EAD approved : 2015 July but did not receive until 2015-09-30

AOS interview: 2015-09-25

AOS approved: 2015-09-25

GC received: 2015-10-02

 

ROC I751 package mailed 7/19
uscis received package 7/21 as per USPS
check cashed 7/25/2017
noa i797 dated 7/21/2107/ WAC17293xxx
noa i797 received 7/27/2017

Biometrics not needed; used what was on file

Infopass i551 stamp ( 12months) done 8/17/2018

No RFE.

No Interview.

ROC approved Oct 25,2018.  i797 notice received Oct 29,2018 

PR card received Oct 30 2018 

 

 
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