Border Town Experiences: Living In Canada/Working In US

[KimchiLumpia 315]

Hello All,

My wife (Canadian citizen) and I (US citizen) live in a suburb of Seattle, which is only about a 2.5 hour drive to the Canadian border.  My wife is from Vancouver BC, and we completed her immigration to the US via K1 Visa/Marriage/ROC over the past 4 years....she currently holds her 10 year GC.

We've considered moving to Langley BC in the next 3-4 years, with me going through whatever proper channels to immigrate to Canada.

Was curious if any of the members here have any personal or 2nd hand experiences of a US citizen spouse immigrating to Canada, but continuing to work in the US.

I understand we are in Covid times, but prior to the pandemic, has anyone here immigrated to a Canadian border city to live, but crossed the border to commute to work in-person for a US business?

 

What were your inputs, thoughts, experiences?  

Thanks all in advance.

 

[KimchiLumpia 315]

Not sure if my post will get a lot of responses.....so does anywhere here know of a forum/group/website for US citizens that have or plan to immigrate to Canada?  Maybe I'll get better response there.

Thanks!

 

[TBoneTX 43,059]

You'd be surprised at the breadth of knowledge around here.   Keep the faith that someone will answer.

[KimchiLumpia 315]

3 minutes ago, TBoneTX said:

You'd be surprised at the breadth of knowledge around here.   Keep the faith that someone will answer.

@TBoneTX!!!

I've been a fan of your posts and humor through our "Visa Journey"....yea..I'll keep the faith.  This site and the members here have been a true blessing!  I appreciate mods like you that keep VJ running smoothly!  

[Kai G. Llewellyn 821]

This is allowed, but your spouse will need to file I-90 to switch to a 'Commuter' green card. This allows them to work in the US while living in Canada. That being said there are strict requirements to be met namely that the applicant establishes employment within the US 6 months prior to filing the I-90 to switch to Commuter status GC, and that you have to periodically re-confirm your employment to CBP on entry. A commuter who is out of regular employment in the US for a continuous 6 month period or more loses LPR status. You can switch back to regular LPR status from commuter later on by filing I-90 again. See here: https://www.uscis.gov/policy-manual/volume-11-part-b-chapter-4

 

It may just be easier for your wife to naturalize. The commuter GC is a bit too precarious imo.

Edited November 16, 2021 by Kai G. Llewellyn

[KimchiLumpia 315]

11 hours ago, Kai G. Llewellyn said:

This is allowed, but your spouse will need to file I-90 to switch to a 'Commuter' green card. This allows them to work in the US while living in Canada. That being said there are strict requirements to be met namely that the applicant establishes employment within the US 6 months prior to filing the I-90 to switch to Commuter status GC, and that you have to periodically re-confirm your employment to CBP on entry. A commuter who is out of regular employment in the US for a continuous 6 month period or more loses LPR status. You can switch back to regular LPR status from commuter later on by filing I-90 again. See here: https://www.uscis.gov/policy-manual/volume-11-part-b-chapter-4

 

It may just be easier for your wife to naturalize. The commuter GC is a bit too precarious imo.

Hey Kai...

I appreciate the response.  Unfortunately, I believe you misunderstand what I am asking.

My wife (Canadian Citizen/10 year GC holder) and myself (US Citizen) currently live in the US.  We completed the K1 Visa/AOS/ROC.

We would like to move to Canada in 3-4 years, thus, my Canadian Citizen wife would be sponsoring myself for permanent residency in Canada.

Hoping immigration goes well, my wife would work in Canada....but for me, I would like to work in the US.

My question - Was there anyone on VJ that has experience with this scenario?  

Hope this helps!  
 

[Redro 4,600]

7 minutes ago, KimchiLumpia said:

Hey Kai...

I appreciate the response.  Unfortunately, I believe you misunderstand what I am asking.

My wife (Canadian Citizen/10 year GC holder) and myself (US Citizen) currently live in the US.  We completed the K1 Visa/AOS/ROC.

We would like to move to Canada in 3-4 years, thus, my Canadian Citizen wife would be sponsoring myself for permanent residency in Canada.

Hoping immigration goes well, my wife would work in Canada....but for me, I would like to work in the US.

My question - Was there anyone on VJ that has experience with this scenario?  

Hope this helps!  
 

@Kai G. Llewellyn was trying to explain your Canadian citizen wife might lose her LPR status if she moves back to Canada.

She should consider becoming a US citizen before you move to Canada. 

 

 

[KimchiLumpia 315]

1 minute ago, Kor2USA said:

@Kai G. Llewellyn was trying to explain your Canadian citizen wife might lose her LPR status if she moves back to Canada.

She should consider becoming a US citizen before you move to Canada. 

 

 

Ahhh....I see...thanks for the clarification.  If we moved to Canada, we would not be returning to the US.  So, the commuter status doesn't apply to our situation.

My main concern would be the ability to immigrate to Canada, live in Canada, but work in the US.  I wanted to know if this even allowed, and if so, what considerations should I expect: ie filing taxes, working visas, etc.

 

[Kai G. Llewellyn 821]

29 minutes ago, KimchiLumpia said:

Ahhh....I see...thanks for the clarification.  If we moved to Canada, we would not be returning to the US.  So, the commuter status doesn't apply to our situation.

My main concern would be the ability to immigrate to Canada, live in Canada, but work in the US.  I wanted to know if this even allowed, and if so, what considerations should I expect: ie filing taxes, working visas, etc.

 

Oh, my apologies got a bit mixed up there. Yes, as a USC you are always authorized to work in the US no matter where your actual residence is. There are many people living in Canada who work in the US, and it's a pretty common scenario. You may need the assistance of a cross-border accountant to assist with taxes as with work done in the US, the IRS would tax first, and then the CRA would tax the difference between the US rate and Canadian rate of taxes. There may be additional complexities with State level taxes as well which an accountant would be able to assist with.

 

If you are planning to live in Canada as your sole residence you will need to have your wife sponsor you for Permanent Residency there, you cannot live in Canada as your permanent home on visitor status. Strictly speaking your wife will have abandoned her LPR status the moment she abandons her intention to have the US as her permanent home after going to Canada. For her to move back to the US you will need to petition her for an I-130 and go through the entire process again. Her naturalizing would prevent that from happening, but it does mean she will need to file US taxes every year for the remainder of her life.

 

If your wife is willing to sponsor you under the Family Class for Permanent Residency in Canada, so long as you can clearly demonstrate to Immigration, Refugees and Citizenship Canada that you and your wife will genuinely move back to Canada, you should be granted Canadian PR status upon successful application providing that you are admissible to Canada. There is no prohibition on Canadian PR's working in the US if they are authorized to work in the US by USCIS or by virtue of being a USC.

Edited November 17, 2021 by Kai G. Llewellyn

[KimchiLumpia 315]

22 hours ago, Kai G. Llewellyn said:

Oh, my apologies got a bit mixed up there. Yes, as a USC you are always authorized to work in the US no matter where your actual residence is. There are many people living in Canada who work in the US, and it's a pretty common scenario. You may need the assistance of a cross-border accountant to assist with taxes as with work done in the US, the IRS would tax first, and then the CRA would tax the difference between the US rate and Canadian rate of taxes. There may be additional complexities with State level taxes as well which an accountant would be able to assist with.

 

If you are planning to live in Canada as your sole residence you will need to have your wife sponsor you for Permanent Residency there, you cannot live in Canada as your permanent home on visitor status. Strictly speaking your wife will have abandoned her LPR status the moment she abandons her intention to have the US as her permanent home after going to Canada. For her to move back to the US you will need to petition her for an I-130 and go through the entire process again. Her naturalizing would prevent that from happening, but it does mean she will need to file US taxes every year for the remainder of her life.

 

If your wife is willing to sponsor you under the Family Class for Permanent Residency in Canada, so long as you can clearly demonstrate to Immigration, Refugees and Citizenship Canada that you and your wife will genuinely move back to Canada, you should be granted Canadian PR status upon successful application providing that you are admissible to Canada. There is no prohibition on Canadian PR's working in the US if they are authorized to work in the US by USCIS or by virtue of being a USC.

  @Kai G. Llewellyn - You are awesome!! 

The info you provided was the insight I was looking for.  Members like you are what makes the VJ community the best.

I see you are from WA State as well.  I hope you and your loved ones are staying safe from all the crazy weather and flooding we've been having the past few days.