Questions Before Move

[SoLongWaiting 3]

Hi everyone,

 

I received my US PR Visa in December and my wife and I are planning to move to the US in April.
My Visa is set to expire on May 1^st, and we intend to fly out of Pearson on April 29^th. Wondering if this poses any issues in anyway?
 

Also, can anyone advise what the process is like, do I need to set an appointment, or simply when we get to CBP at Pearson I would advise that I am officially moving to the US now? I would assume the process at the airport will take some time, but appreciate if anyone can confirm what needs to be done when at the airport so we plan accordingly.

 

If the above is cutting it too close, what about flagpoling, is that an option here, especially during covid, or would I have to do the covid test for Canada if I flagpole (though technically we’re not entering the US)?

 

Next question is regarding my SSN; which I already have from my first stint in the US on a TN a few years back. Is it correct to assume that I will be keeping the same SSN, even though I requested a new card during the application process? Also, once I’ve crossed the border and validated my LPR, am I legally entitled to work in the US immediately? I ask because I currently work for a US based company out of Toronto, but have already advised of my move and they are working on moving me to the US payroll, so I would want to line up the move immediately after I’ve landed in the US.

 

Related to the above, if I validate my PR on a day that I worked in Canada (or took a paid vacation day), would I then have to file taxes for the rest of the Canadian income in that year because of that one day? Wondering what the best way to avoid having to file taxes in both countries related to the move.

 

Appreciate any guidance/feedback you folks can share.

 

[JeanneAdil 6,539]

cutting it close to plan on weather not interfering with your flight even though it will be April the US has had some of its biggest storms in the spring

SS # you have is for life / u will not receive a new one

US has tax treaty with US and u can use the Form 2555 for exemption of foreign taxes when u do 2022 tax returns

(best to consult a real tax attorney or GOOD accountant for the year involved for taxes as you will probably have income from both US and Canadian)

 

Congratulations

[Exocet 88]

No idea what flagpoling is, so I can't help with that.  In the eyes of the border agents, you have until May 1 to cross.  They dont care what day, as ling as it is before that.  If you are worried about cutting it close, or some unforseen circumstances that may alter your April 29 date, you can always cross ahead of time to activate your green card.  I seem to recall when I did my POE, the green card came in the mail a about 2 weeks later.  But I was living in the US then and it came to my address.  Not sure if you would have any issues entering the US again with your passport with visa stamp... I would doubt it.

 

You will have to file taxes in both countries anyways, so you dont need to worry about that.  You will need to file close out taxes with Canada, and married filing jointly in the US.

 

 

[JeanneAdil 6,539]

after the visa is stamped with I 551 he can leave US and enter again 

that stamp serves as green card for a year

 

[SoLongWaiting 3]

Thanks for the responses, I guess worst case is I could drive to Buffalo one day, and have my PR validated then, but I'm trying to avoid having Canadian income after my PR is validated. Maybe I've got it wrong, but I'm expecting it to be more of a headache if it's validated while I'm still in Canada. Would rather have a clean cut so that I don't need to worry about having Canadian income while a US resident. 

 

Guess I will try contacting a cross border tax accountant to figure out what the smoothest way to do this would be.

 

Sounds like I can work in the US immediately after validating the PR since I already have a SSN from my previous time there.

 

Appreciate any more feedback you folks can provide.

[mam521 2,102]

On 1/30/2022 at 10:01 AM, SoLongWaiting said:

Thanks for the responses, I guess worst case is I could drive to Buffalo one day, and have my PR validated then, but I'm trying to avoid having Canadian income after my PR is validated. Maybe I've got it wrong, but I'm expecting it to be more of a headache if it's validated while I'm still in Canada. Would rather have a clean cut so that I don't need to worry about having Canadian income while a US resident. 

 

Guess I will try contacting a cross border tax accountant to figure out what the smoothest way to do this would be.

 

Sounds like I can work in the US immediately after validating the PR since I already have a SSN from my previous time there.

 

Appreciate any more feedback you folks can provide.

When you head to the airport, you'll tell the CBP officer that you are activating your spousal visa.  They will take you to secondary where they will pull up your file and validate your visa.  Since you've done a TN before, the experience probably won't be all that different if you flew down when you petitioned for it, only this time you need your passport in hand, where as you needed your passport, employment letter and degree in hand for the TN. I'd add extra time, just like you'd have been told when you petitioned for the TN.  

 

The 29th is cutting it close, but if you're confident the weather is going to cooperate, have at er.  

 

Your SSN won't change.  You'll either receive (because you checked the box...IF the SSA is on the ball) a new card that doesn't have the previous "valid only with DHS work authorization" stamped on it.  If you don't get it, you can just submit to order a new one.  I never did...no one has asked to see the physical card and we arrived (the second time) during covid lockdowns.  Employers just ask for the number so the IRS gets their cut.  

 

Even if you didn't have your SSN, the MRIV in your passport serves to meet the requirements for employment authorization as per the instructions on the I-9 form.  Many HR personnel don't realize or understand this. 

 

You're still going to have to file taxes in both countries.  Your T4 and W2 reflect the calendar year, not the filing dates or government fiscal year.  The US filing date is also earlier than Canada's.  Get a cross border accountant to manage your returns and take advantage of the tax treaties so you're not double taxed.  Also, don't forget to file your FBAR.  

 

Before you go, make sure your health insurance is in order for the US side of the border.  You should be fine, but you don't want to come to the US uninsured.  

[SoLongWaiting 3]

On 2/2/2022 at 2:52 PM, mam521 said:

When you head to the airport, you'll tell the CBP officer that you are activating your spousal visa.  They will take you to secondary where they will pull up your file and validate your visa.  Since you've done a TN before, the experience probably won't be all that different if you flew down when you petitioned for it, only this time you need your passport in hand, where as you needed your passport, employment letter and degree in hand for the TN. I'd add extra time, just like you'd have been told when you petitioned for the TN.  

 

The 29th is cutting it close, but if you're confident the weather is going to cooperate, have at er.  

 

Your SSN won't change.  You'll either receive (because you checked the box...IF the SSA is on the ball) a new card that doesn't have the previous "valid only with DHS work authorization" stamped on it.  If you don't get it, you can just submit to order a new one.  I never did...no one has asked to see the physical card and we arrived (the second time) during covid lockdowns.  Employers just ask for the number so the IRS gets their cut.  

 

Even if you didn't have your SSN, the MRIV in your passport serves to meet the requirements for employment authorization as per the instructions on the I-9 form.  Many HR personnel don't realize or understand this. 

 

You're still going to have to file taxes in both countries.  Your T4 and W2 reflect the calendar year, not the filing dates or government fiscal year.  The US filing date is also earlier than Canada's.  Get a cross border accountant to manage your returns and take advantage of the tax treaties so you're not double taxed.  Also, don't forget to file your FBAR.  

 

Before you go, make sure your health insurance is in order for the US side of the border.  You should be fine, but you don't want to come to the US uninsured.  

When I got my TN, I drove down to the border, it was pretty fast, like 10-15 mins tops to be honest.

 

I forgot to mention, I'm moving to the US west coast, so weather shouldn't be too much of an issue, not that it's impossible, but less of a risk going to the west coast, I would anticipate. Again, worst case, I'll just drive down to Buffalo and validate the LPR that way.

 

I did request a new SSN card, so I guess that'll get sent when I cross the border, but I know my number so that will likely be enough for me to give it to my employer when they switch me to US payroll.

 

I guess I won't have to worry about US taxes until next year anyway since I'll not have worked in the US in 2021 anyway. Definitely will get a cross border accountant, especially for that first year.

 

Any recommendations for personal health insurance, in case I don't end up switching to the US payroll for my company?

 

Thanks again for the info.