us green card holder wanting to work in Canada

[liscai 0]

Hi, I am a Canadian with a green card.  I would like to go back to work in Canada while my husband stays here in the US.  Can we be residents of different countries and file our own taxes in said countries?  

[Ontarkie 13,969]

 From the little bit you posted the answer is no if you want to keep your green card. 

 

As a US permanent resident you must file US taxes even if you work in Canada, you must also keep the US as your resident.You must make sure your employer taxes you as a non resident. 

 

If you use the Canadian Health Care system you are declaring yourself as a Canadian resident. You can't be a resident in both countries so that would make it clear you are abandoning your US residency.

[Ontarkie 13,969]

~~Moved to the Canada Forum, from General Immigration - As many Canadians do work in Canada so this topic does come up often.~~

[liscai 0]

But what if I do give us my green card.  Can I be a resident of Canada but my husband stay in the US?  How would that look?

[Michelle13 39]

You can't be gone longer than 6 months at a time or if your time away totals 6 months in the span of a year.  

 

I think you may be able to apply to be able to stay longer... but I'm a little unsure of those details... hopefully someone else can clarify that. 

[liscai 0]

11 minutes ago, Michelle13 said:

You can't be gone longer than 6 months at a time or if your time away totals 6 months in the span of a year.  

 

I think you may be able to apply to be able to stay longer... but I'm a little unsure of those details... hopefully someone else can clarify that. 

I don't care if I have to give away my green card...

[Italian_in_NYC 259]

Why don't you get an AP so you buy yourself some time? What if the Canada job doesn't work out and you want to come back to the US to work? I'd take you another year or so to get another immigrant visa.

You'd still have to file in the US till you have a green card (although foreign tax paid in Canada will likely cover any additional US tax liability).

[Ontarkie 13,969]

If you give up your GC then it doesn't matter how it looks, you will no longer be a US resident. 

 

I will warn you though, there has been 2 separate couples on VJ that were told to pick a country and turned around. No longer allowed to visit. 

 

One couple was living each in there own country for years and years. They would take turns visiting each other. They were an older couple so waiting for retirement before they planned to pick a country, Canada or the US but they could no longer continue the way they were. 

 

The other couple were just not ready to pick a country they were also married for awhile. Neither couple ever spent too much time in the US or Canada but neither wanted to move just yet. Sadly they were stopped one day and told to pick a country. 

 

So even if you give up your GC move to Canada and want to stay married you will come to the point were they will tell you to pick a country. I don't know how long before it happens but it will happen as more and more is shared between the two Countries. 

 

Edited January 25, 2018 by Ontarkie

[Ontarkie 13,969]

45 minutes ago, Italian_in_NYC said:

Why don't you get an AP so you buy yourself some time? What if the Canada job doesn't work out and you want to come back to the US to work? I'd take you another year or so to get another immigrant visa.

You'd still have to file in the US till you have a green card (although foreign tax paid in Canada will likely cover any additional US tax liability).

Not AP but a Re entry permit. 

 

This would be good but if she claims any benefits in Canada she will still give lose the GC.