M + S

Thanks

7 hours ago, NikLR said:

Doesn't matter.  She is required by US law to file taxes with the IRS if she has made over the threshold to file.  She will need to back file a lot of taxes, not just the last 3 years.  The last 3 years are just required for immigration.  

Yes we know all that, most US citizens would not know they have to file taxes in the US whether they live there or not as the US is only 1 of 2 countries that require it. Even the US embassy in Ottawa did not know that.

What I was looking for was how people in this situation go about getting the required US taxes done, was there a reasonable priced accountant that someone has used that could help us.

Thanks

17 minutes ago, usmsbow said:

She needs to file every year she has earned income. She does not owe anything if she's made less than the following: $92,900 for 2011, $95,100 for 2012, $97,600 for 2013, $99,200 for 2014 and $100,800 for 2015. Assuming she made less than that, she just needs to fill out a 2555-EZ and a 1040 for every year she earned an income. 

 

If she made more than that amount, it's a bit more complicated, but you probably can figure out how to do it w/out paying a CPA (certainly not $5K for one). 

 

And when you mean government employee- I assume you mean Canadian government and not the US? If US gov't employee, then she really has a tax problem. 

Yes, has lived in Canada since 2yrs old, never made a dollar in US. Works for city of Ottawa.

We both live in Ottawa, my wife is the US Citizen but has lived in Canada since 2yrs old and obviously has never filed US taxes. From research here I assume she has to file the last 3 years of taxes, she is a gov't employee and just a basic T4 as there is nothing tricky about her taxes. 

We met with an accountant today with a large firm and he mentioned the fee for this service is anywhere from 5-10 thousand, but expects it to be closer to 5,000.00. This seems ridiculously high for such a simple tax return, what are people in our situation going about getting this done? 

He also mentioned you have to disclose any bank accounts you have had and the max amount that has ever been in the account for the last 6yrs.

  Any help or recommendations needed ????

Thank You

6 minutes ago, NikLR said:

seems like if she can provide evidence she can call it home I can't see why she can't move there, get a driver's license, etc.. 

I dont know, I think the main issue is it is only a summer place not year round. Like I said we are looking a buying a cheap place somewhere (maybe Virginia Beach area) We did travel there a few years ago along with North Carolina and Savannah Georgia. The whole idea was to travel the US with my wifes year off and scout out places that she would like. But we have not started the paper work yet so the timeline will not work to our plans and she cant change her year off /

Thank and we will see.

M+S

7 minutes ago, NikLR said:

Suggest she's living in the USA by the time the interview rolls around if you have assets or a joint sponsor.  

Thanks...Were thinking of buying a cheap place somewhere  in mid south , we do have a summer house near Alexandria Bay, NY but it is only a summer place (permanently fixed mobile home).  One lawyer said it may not qualify for domicile but we do pay school tax, sewer tax and town and country tax. 

Thanks

M+S

7 minutes ago, Mr&Mrs G. said:

 

 

 

 

 

 

My understanding is you have to prove intent to domicile, not actually live in the US. 

 

My wife is the US citizen and has lived in Ireland for 14 years with me, married just about 10 years. As part of the plan to prove intent we took an extended trip to the US before Christmas (9 weeks). My wife registered to vote at her parents address, we opened bank accounts and lodged some cash, we also arranged a secured credit card. We also purchased a car and which left that in her parents driveway for when we move after my visa comes through. Now we have a nice paper trail with plenty of documentation.

 

We were in touch with the NVC and have been advised that she has done enough to prove intent to domicile. Maybe you don't need to go through a temporary marriage separation just to show domicile. 

 

Best of luck with the rest of the process.

Thanks for the info, I did find a lot more info through the search function and just like you said "Intent" is key.

Thanks

Mike

Hello

  After talking to lawyers and getting there fees (wow) , we are going to do the paperwork ourselves. Our situation seems pretty simplistic.

My wife is a US citizen , has lived in Canada since 2yrs old, I am Canadian and we both live in Ottawa together for the last 8 years ( been together 10yrs) and got married May 2017 in US.

Seems the biggest hurdle is her proving domicile in US,  she is taking a year off work  (2019,  well planned as she will have her full pay, as the last 4 years she has done salary deferral to cover this). 

Looks like the only thing is for her to physically move to US without me.

Anyone other Canadians go through this situation, or have any helpful ideas?

Thanks

M+S

1 hour ago, jle2234 said:

Hey @Mike + Sue, I am from the Ottawa area, too! My IR-1 immigration was completed in September 2017.

 

Like you and your wife, my USC husband and I were living together in Canada before moving to the U.S. My husband had not been filing his U.S. taxes while living in Canada (2013-2017). We simply filed all of the missed taxes together during my immigration process, and it was no problem. Obviously, your wife has more than just a few years that are missed, but I can tell you that the immigration process doesn't seem to be affected by filing late -- as long as you've filed by the time they ask for the USC's tax documents. She may benefit from contacting that IRS and seeing how far back she'll need to file to get up-to-date.

 

I'm not sure what your ability is to maintain two residences during the immigration process. You will find that many people (myself included) had to live separately from their spouse for at least part of the processing time. My husband went ahead to the U.S., started a job and established a residence in order to establish domicile. We weren't able to afford two residences, so I sold our Canadian home and lived with my parents for a few months. You are also able to visit your spouse in the U.S. during the immigration process.

Thanks for the info.

Mike

No , there is No family in US. Her Dad is a True Canadian, he was in Buffalo on a Hockey scholarship and had Identical twins while there.

All family is in Canada

I will browse that forum, thanks.

Thanks

Mike

Hello

Looking for similar feedback ?

Wife and I have been together for 10yrs, just got married in May 2017. She is a US citizen (I am Canadian ) but has been residing in Canada since 2yrs old, we both live in Ottawa, Ont.

We are currently looking into lawyers and have talked to two, with a third scheduled tomorrow.

Issues we have heard about from talking to Lawyers:

- We need to show domicile, we have a summer house in Alexandria Bay NY but it is only a summer mobile home ( we will be selling). We have been in US every weekend in summer for over 10yrs. So after we sell it we have NO roots.

- We have planned this and she is off next year with full pay ( salary deferral for last 5 yrs), plan on travel through US starting next January and look at potential places to move to. Worse come to worse she can rent a place/ look for work  while in US to show domicile, if paperwork not done yet and I have to go back to Canada and wait ( As a CDN I can only be in US up to 6 months visiting)

- Finances---- She has been working for Gov't 25 years and has a fairly large pension 425,00.00 grand plus, hope this accounts for something ? Other than that we don;t own anything. Pension is accessible as soon as she moves to US.

- Just found out even though she has been in Canada since 2yrs old and has never worked in US, she should of been filing US tax returns (news to her, all US Citizens are suppose to) . Looks like we need a US accountant, anyone have an idea on costs for that?

-  Don't know if this helps, I previously had a L1A US work permit and worked/lived in US 1996 -1997

Any suggestions or Advice ?

Thanks

Mike