mikebike

5 minutes ago, darth vader said:

Thank you. I am just curious - what industry is that? Auto-industry in Detroit-Windsor?

Aviation

On 2/27/2021 at 10:16 PM, darth vader said:

At the NVC and interview, did they just take your word for it, or did they ask for a letter from the employer confirming this arrangement?

They just took my word for it. However, I work in an industry where it's common to commute from out of country.

13 hours ago, geowrian said:

There is no "need" to file MFJ. You can choose to file MFS. MFJ is probably better, but the use of the word "need" is incorrect.

The stimulus payment is an advance of a new tax credit on the 2020 tax return. If you end up being over-credited, the excess will be forgiven. If you end up with a credit greater than the advance, you will get the remaining portion a that time.

tldr: It won't hurt anything.

 

Yes, you use your SSN. That number just identifies you...when it was issued doesn't matter.

Yes, if you were an NRA wanting to be treated as an RA as a spouse of a USC, you need to include the letter. See https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse.

 

NOTE1: I'm assuming you were married on or before Dec. 31st, 2017. Obviously you cannot file jointly for a year when you were not yet married.

 

NOTE2: Keep in mind both of your worldwide incomes must be reported for any year where you file jointly. The FEIE may apply to exclude the taxes on that income, up to ~$100k.

 

2 again? 😆

 

I will defer to others for specifics of Canadian accounts. That said, my brief understanding from other threads is that the TFSA interest qualifies as income and therefore must be reported as such.

 

One important note...

It seems like you are trying to claim the child tax credit (CTC)for previous years. Note that to do so, you cannot claim the FEIE as well. So you may end up owing more as you would be counting both of your worldwide incomes. That said, you can claim the FTC + CTC. You would have to run the numbers to determine which is more beneficial.

https://www.hrblock.com/expat-tax-preparation/resource-center/filing/credits/child-tax-credit-abroad/

Thanks so much for the detailed reply, that pretty much answers all of my questions. Much appreciated!

Hi all,

So I had an accountant do my 2019 taxes and found out my wife and I get a large refund for child tax credits. Because of this, I'm looking to backfile mine and my wife's taxes from 2017 and 2018 and I have a few questions.

I became a legal permanent resident in November 2019.

1) When we backfile, I need to file as married-filing-jointly. Will this affect anything in terms of the stimulus payment we received this year?

2) Should I just use my current SSN even though I wouldn't have had one in 2017/2018? Do I need to attach a letter explaining to the IRS that I was a non-resident alien and want to be treated as a resident alien for tax purposes?

2) We were both living in Canada and I had a TFSA but my wife (US citizen) did not. Since we are filing jointly, is my TFSA interest and capital gains treated as a foreign trust and subject to such taxes? 

Thank you!

On 11/25/2019 at 12:34 PM, darth vader said:

This is very interesting. In theory since we are in southern Ontario, we can get a U.S. lease across the border and my U.S. spouse can commute to her current Canadian job. Will this be acceptable to Montreal? Have many folks on this forum tried this?

 

@mikebike Can you please explain your situation, interview experience and proof provided in more detail for others to learn from your experience

In form I-864 it states the intending immigrant's income can be used to meet the requirements if the income will continue after moving to the US and if it is a spouse. So yes, you could work in Toronto for instance and continue that income while driving in from Buffalo or some other border town and have a lease there.

My situation is slightly different than that as my job doesn't require me to work a typical schedule and I commute by flying but not very much was asked about it during the intevriew. As for the NVC stage I just submitted a few sentences letter explaining my situation and no questions were asked.

1 minute ago, canadavisa22 said:

Did you have a joint sponsor or qualified on assets?

Neither. My current source of income will continue once I move to the USA; I'll be commuting to my job in Canada. Therefore my income is used to meet the poverty guidelines.

12 minutes ago, canadavisa22 said:

Was the bank statement requested because you had no joint sponsor? 

Nope. I just brought it to show that the US citizen (my wife) had ties to the US.

Had my interview recently and we had bank and credit card statements, high school transcripts, voting records, and a bunch of other random things. All they cared about was the bank statement and a lease agreement from the US citizens parents saying we can move in with them for free and for however long we want. So looks like a lease for a place works well.

12 hours ago, JFH said:

Through-checked doesn’t mean you don’t see your bags between Regina and your final destination. It just means that you won’t have to go back to the check-in desks. You will have to claim your baggage at Toronto and clear customs and immigration. Your bags will then be taken from you and routed to the next flight. Your bags will be tagged to your final destination in Regina. That’s what through-checked means. 

Not sure when you last travelled through YYZ but that procedure no longer exists. You no longer carry your bags through customs as of a few years ago when they changed the entire customs area.

If you're flying on Air Canada the whole way you won't need to pick up your bags. You can either use the bypass to connect to the F gates where US departures are, or just leave the domestic area as per normal and take the elevator or escalator up to departures and enter the F gates security there. I haven't taken the bypass from domestic to USA in a while but I believe you'll skip having to do security again if you choose to do it that way.

8 minutes ago, gonzolux said:

Congrats on your baby! So we didn't have a kid between NVC and the interview but I did move back to the US and got a new job. I emailed my husband's consulate and they said he was able to bring an updated I864 to his interview. We didn't upload it anywhere, they just took it at his interview. It all worked out, and he's arriving on Saturday! 

Thank you! Good luck to you guys!

My wife is the US citizen sponsoring me. We had a son born between case complete at NVC and the interview in November. Do I need to bring any updates forms like the i864 to the interview in Montreal? He is already a US citizen by consular report of birth abroad so he is not immigrating with me. Thank you!

10 minutes ago, NikLR said:

It will matter for the I-864 as the chlid adds one to the household count. 

 

 

Does that mean I'll need to fill out a new I-864 to bring to the interview? Or do I just tell them if they ask? I meet the requirements anyway.

Hi all,

My wife is a US citizen and sponsoring me for an IR1. She gave birth to our son after case complete at NVC. We have done consular report of birth abroad for him already. Is there anything I need to provide or do before the interview in Montreal? I’m guessing I only need to bring his birth certificate. Thank you!

On 9/18/2019 at 5:37 PM, GK & JW said:

Hi guys.  I've been quiet on the forum but we were cc'd on June 24 (my son) and July 9 (me).  Are things in Montreal opening up at all?  In the spring we were hoping to move for the new school year, now I'd feel luck if we make it before the December holiday. 

We were CCed on June 4th and we're still waiting for an interview in Montreal. Hoping to hear something next week, if not we will be contacting our local congressman from where my wife lived in the US to hopefully figure out what's going on in Montreal. It is a wait though, but it does look like they started processing some more family visas last month. Crazy how long it is taking just for the interview to be scheduled...

Both flying and driving should be fine, just ensure you have proof of employment or a lease or other ties to Canada showing you'll be returning, and do not over pack! If you drive with boxes of clothes or goods, or fly with 4 full checked bags with all your belongings for a week long trip it will be a flag in their system and they will scrutinize you more. Having an active visa application out there shouldn't make you more likely to be rejected for visiting, but they will be checking to make sure you're not trying to move early since your goal is to be there.

32 minutes ago, purem4g1c said:

You should have seen it when you booked your interview at the embassy? It was like $21.00 to have it expedited. I think it said within 3 days? But can't remember exactly.

I haven't had the interview yet. 

I am interested in this too as I need my passport for my daily work. I didn't realize you could pay to have it expedited. 

Just received my approval letter today, PD May 11. Online status still shows received. 

Hello everyone. I've been doing a lot of reading but am unsure of what is next for me in the process. I'd really appreciate if someone could tell me if I am correct here.

I sent in my I-130 and have a received date of May 11, 2018. I am applying for a an IR1 visa. I am in the Nebraska Service Center and am expecting to get the NOA2 soon. My understanding is I can get some forms and documents ready before the NVC asks for it but I am confused on what these forms are. I keep reading about "packet 3" and "packet 4" and have read through this guide here: https://www.visajourney.com/wiki/index.php/LingChe_NVC_ShortCut

So what I think I should do is get my police certificate and any other documents that I may have missing (I think I have everything except the police certificate and long-form birth certificate). Can I fill out any other forms ahead of time? I see people saying they are filling out things online but in other threads, as well as the sticky guide here, it talks about forms like DS-260 being filled out before they request it. What exactly are packet 3 and 4?

Thank you so much and good luck to everyone!

35 minutes ago, Flames9_RN said:

where do u plan to actually live?  and when u go back to canada, how long are u gone for?

I eventually want to move to the USA but want to be employed for a US airline first. I need a SSN to be employable but I can't get one until I become a PR. So if possible, I'd like to stay in Canada until I get hired for a US airline. 

43 minutes ago, acidrain said:

Interesting topic. I found this link that goes through and explains the information you are looking for: https://www.lexology.com/library/detail.aspx?g=ac6782c8-29fb-48ed-9999-5e6b0f707ebe

 

It appears as though a person could live in Canada and commute to the US for a job. There is a special process in which it has to be done. Good luck.

Thanks for the link, that was a good read. I suppose it's up to the US to determine if I'm employed for a US company, which in this case, I am probably not. 

3 minutes ago, acidrain said:

The main issue you will find after you get your US Permanent Residency is you have to maintain residency in the US. If you are no longer a resident than you no longer qualify for the green card. You have to pick one. If you are no longer eligible to be a resident of the US your green card which gives you authority to work would be null and void.

 

If your question is can I work for a Canadian company while living in the US I don't see that being an issue. People do it all the time as long as you are legally able to do so (for e.g. are a Canadian citizen). With house prices being insane in Vancouver, BC many people get a Nexus pass and cross the line every day for work. The unfortunate part is those people don't qualify for Canadian health care or any child care or other social benefits. But the housing is still ridiculously cheaper which is why people do it.

 

What a lot of people do who are residents of the US and live close to Canada is they cross the line and pay out of pocket for medical expenses. In many cases it is much cheaper than using insurance in the US.

I understand residency could be an issue, but USCIS allows for a special condition for Canadians and Mexicans to maintain the green card while having a residence outside of the USA.

Sec. 211.5 states:

An alien lawfully admitted for permanent residence or a special agricultural worker lawfully admitted for temporary residence under section 210 of the Act may commence or continue to reside in foreign contiguous territory and commute as a special immigrant defined in section 101(a)(27)(A) of the Act to his or her place of employment in the United States. An alien commuter engaged in seasonal work will be presumed to have taken up residence in the United States if he or she is present in this country for more than 6 months, in the aggregate, during any continuous 12-month period. An alien commuter's address report under section 265 of the Act must show his or her actual residence address even though it is not in the United States. 

What I'm wondering is if I would qualify under this provision.

3 minutes ago, acidrain said:

We were considering a move to Point Roberts, Washington which borders Vancouver, BC at one point. I wondered the same thing myself as I would've gotten a job in Canada but lived across the line for a much cheaper house.

 

From the information I found it comes down to a question of residency. You can only be a resident of one country. Typically this is determined by where you sleep and where your home is. Even if you are technically spending more time in Canada and have a job there.

 

Since information is freely shared between the US and Canadian government it's a matter of time before they figure out what is going on. I followed a few threads for people who tested it out and at some point the government figured out what they did. Some people had to pay back all the money they received. In other cases they were given 6 months leeway.

 

This is essentially why the issue of domicile comes up to test whether the person is really going to live in the US. The US does not want to give benefits anymore than the Canadian government for people they don't feel they are paying their share of taxes.

 

Some people try to get around this by having 2 separate residences one in the US, the other in Canada. It's a slippery slope though as you might be asked point blank where you actually live.

Thanks for your reply! I'm definitely not trying to do anything questionable, I understand the issue of residency. I'm trying to figure out that if I say I am a resident of Canada, could I get commuter status while working for a Canadian company? To get commuter status you have to have a job in the USA, but would working for a Canadian company that has me do business within the USA count?

1 minute ago, Flames9_RN said:

As far as I know, and I have never really looked into it as it does not affect me....1 can only be a resident of 1 country.....and if you want to maintain your Green card, it would have to be USA.  And if one is not a resident of Canada, I don't believe you are entitled to Cdn Health Care.  Neiks (not sure if she is still active on these boards) works for the Cdn Govt, but but lives in the USA, but pretty sure she stated even though she pays Cdn taxes, she is not entitles to Cdn health care and other benefits.  a decent tax forum is  https://forums.serbinski.com/viewforum.php?f=2  and can ask USA/Canada income tax questions.   I believe Nelsona, who answers 99% of the questions is a Canadian. 

Thanks for the reference and link. I don't expect to have Canadian government healthcare if I'm not a resident of Canada. I guess my main question is whether I can be in commuter status while still working for a Canadian company that does business in the USA.