kcmetzy

Do NOT file seperately unless it is absoltely necessary. Filing seperately is VERY rarely going to get you the better deal.

File as MFJ, you must report the Canadian income that he earned before he resided in the US, but can subesequently exclude it using form 2555.

It will result in a slightly higher tax than if it was not reported (since you only subtract the tax amount from the excluded income, not actually the income itself), but I guarantee you that it will be a better deal for you than filing as MFS.

I have plugged it in both ways on hrblock.com calculator and filing separately seems to give us the most return. I have no idea why...maybe because he is self employed and is taxed so highly as it is?!

The first time I did MFJ, included my income, included his Canadian income, included his U.S. income, excluded his Canadian income (2555) and we would owe $4,257 dollars in taxes. (We will have $5,000 saved by the end of the year). Leaving us with a total of $743 dollars left over. YUCK!

When I typed in MFS, included my husbands U.S. income, included Canadian income, excluded Canadian income (2555), the total he owed was $3,645. I would actually get $516 dollars back from my portion of the return. The total that we get back by filing separately (even including his CAD income) is $1,871.

When I typed in MFS, inputted my husband's U.S. income only (did not include CAD income), the total in taxes that he owes is only $3,272. On my part, I would still get a $516 return. The total that we would get back would be $2,244.

Maybe the program doesn't handle complex cases like ours. I don't know. Thanks so much Zyggy for helping me.

Those calculators are very simplistic and tend to break down with more complicated cases, especially with SE issues. Do it both ways when you get your final return to prove to yourself that you did the right thing. Always pick the route that gives you the bigger refund. But I'm pretty sure it's going to be MFJ.

I 100% believe you over a hrblock calculator any day! I just couldn't seem to figure it out! Thanks a bunch Zyggy!! :)

Do NOT file seperately unless it is absoltely necessary. Filing seperately is VERY rarely going to get you the better deal.

File as MFJ, you must report the Canadian income that he earned before he resided in the US, but can subesequently exclude it using form 2555.

It will result in a slightly higher tax than if it was not reported (since you only subtract the tax amount from the excluded income, not actually the income itself), but I guarantee you that it will be a better deal for you than filing as MFS.

I have plugged it in both ways on hrblock.com calculator and filing separately seems to give us the most return. I have no idea why...maybe because he is self employed and is taxed so highly as it is?!

The first time I did MFJ, included my income, included his Canadian income, included his U.S. income, excluded his Canadian income (2555) and we would owe $4,257 dollars in taxes. (We will have $5,000 saved by the end of the year). Leaving us with a total of $743 dollars left over. YUCK!

When I typed in MFS, included my husbands U.S. income, included Canadian income, excluded Canadian income (2555), the total he owed was $3,645. I would actually get $516 dollars back from my portion of the return. The total that we get back by filing separately (even including his CAD income) is $1,871.

When I typed in MFS, inputted my husband's U.S. income only (did not include CAD income), the total in taxes that he owes is only $3,272. On my part, I would still get a $516 return. The total that we would get back would be $2,244.

Maybe the program doesn't handle complex cases like ours. I don't know. Thanks so much Zyggy for helping me.

I really want new flooring in our house, so I am already looking forward to getting a tax refund. However, I do have a couple of questions since this is the first year my husband has been here.

It seems that it would be more beneficial for us to file separately this year. My husband worked from January 1, 2008 - April 25th(ish), 2008 in Canada and from June until (what will be) December 31, 2008 in the U.S.

If we file separately, on his portion of the tax return will he have to include his Canadian income? For some reason, I thought that we would only have to include "world wide income" if we were filing jointly. Since we are wanting to file separately, is it still necessary?

We still want to file separately even if he does have to include his Canadian income. Filing separately, will he still be able to exclude his Canadian income using form 2555?

Sorry guys for already starting the tax questions!!! I'm just really anxious to get new hardwood floors!

Here's a pic of our new baby..

Here name is Mara (rhymes with kara, sara, etc)..

She's a 3 1/2 month old Maltese. I had never heard of a puppy mill before I bought her, unfortunately I'm pretty sure that is where she came from. It broke my heart to see her in a shed all by herself in a cage..no love I had to buy her and rescue her. I didn't realize until later that my $500 dollar contribution keeps these kinds of places in business.

She's sweet as can be and I just love her!

She weighs a whoppin' 1.76 lbs!

Congratulations!!!

You both look amazing, and oh so happy!

BTW, remember when I said things would move quickly for you as well? You became a Mrs. 2 days after I did!

Sorry I'm so late..but CONGRATS!

You two make a handsome couple.

God bless your marriage.

First congrats and obviously you are quite thrilled.

There is not need to "yell" in your thread headline.

And truly, only you and some government official took care of it.

thanks,

man am not yelling, if u can feel the joy in me, you will praise the lord more than i do. the almighty GOD did it for me that's all i know.

Praise God! Congrats!

The other catch 22 is that US immigration forms ask if you have ever been charged with something even if you have received a pardon for it, so you are obligated to disclose the charge. If you don't, then you are guilty of lying to US immigration, and if they ever do find out - and you can't deny that the possibility exists - you have an even bigger problem. Any immigration benefits you have received up until that time will be cancelled and you would be deported and barred from the US for life.

If you have been stopped at any time or if US immigration or any US law enforcement agency has accessed your Canadian records before the Pardon is granted, then the information is already in their files. As Carlawarla noted, the US does not recognize Canadian pardons.

Hi there,

We have not started our paper work for my US Visa as we just decide (last weekend) to go forward with our life. My situation is a bit complicated and I have sought out this great site for some friendly advice. Much like the original poster here is the situation:

Canadian Citizen & US Citizen - engaged after 7 months of meeting each other and now we wish to be together. Me the Canadian will be moving to the USA, all going well.

Charged in 1995 in US, paid fine, spent 5 days in jail and then left.

Conditional discharge in Cdn. No criminal record. 1996

2000 - denied entry into USA during random shopping trip. B/C of record in the US.

2001 - applied for US Waiver through Pardons Canada.

2003 - US waiver granted for 1 year & then re-applied for another one

2004 - US Waiver granted for 1 year & then re-applied for another one

2006 - US Waiver granted for 1 year & then re-applied for another one

2007 - US Waiver granted for 1 year & then re-applied for another one

My last waiver expired March 30, 2008 and they have not sent me anything. When I emailed to inquire of my status, they said they were waiting for my records clearance report. They did not have an time line and that they would communicate to me in due time. That was April, 2008. Each waiver up to now, has been turned around within the year of pushing different documents from YVR to Ottawa, to the US, complete with interviews and finger prints that are taken at the nearest US border.

If anyone has any suggestions or recommendations, we would greatly appreciate it. My mistakes are in the past and for the past 9years I have been very successful in my industry. I pay my taxes each year, travel the world and live a healthy and clean life. My guy is ex military in the US and has been gainfully employed by the same corporation for the past 10 years.

Should we proceed with the I-129F "Petition for Alien Fiance" - or should we seek out legal advice from an Immigration lawyer? I do believe if I didn't have a checkered past, we are bright enough to complete the multiple forms etc., for such a transition.

Again, we appreciate your support and comments.

Well, it depends on the charge as to whether or not you will be granted a visa without having to apply for a waiver. I'm assuming if you have to have a waiver to visit the U.S., you will also need a waiver to be granted a K-1 visa.

I love having my husband home. We started our drive from B.C. Saturday around 2:00 pm and made it home yesterday at about 12:30 pm. We stopped at Yellowstone National Park on Sunday. Man, that is the most beautiful place either one of us have ever seen.

The border was easy, although the guys had NO IDEA how to activate his visa. We sat in the car for over 2 hours while they had stuff faxed to them. We kept ourselves entertained by playing the air guitar/drums/violin/whatever other instrument that was on satellite radio (octane to be specific). I must admit, we make a pretty good air band. haha

Saturday night was spent in Coeur D'Alene, Idaho. On Sunday night, we were in Casper, Wyoming (WHAT A DRIVE). Monday night was spent in Amarillo, TX. Last night was spent in our home. :):):)

We have spent all morning fixing up our house and working in the yard.

LIFE IS GOOD.

http://www.nhtsa.dot.gov/cars/rules/import/

http://www.nhtsa.dot.gov/cars/rules/import...anada07032.html

has info on importing ur car--especially the phone #'s of each manufacturer!! Some dont charge any $$, some do!! Nissan didnt charge me anything and faxed it to me within minutes!! I ended up selling my car prior to moving

I got my compliance letter faxed yesterday..freaking $89.25 from GM. That's ridiculous..no wonder their sells are down.

Jarett's muscle car doesn't pass the emissions requirement, but I called EPA and apparently if a vehicle is over 21 years of age it is exempt. Hallelujah! I would NOT have been happy because we would NOT be leaving in 2 days!

But it's all good..we're ok..I'm happy again!

As long as you're happy. $89.25 for a letter of compliance is crazy, that 4-cylinder Vega better be worth it. Too bad GM got rid of the Smokin' Hot Hubby discount.

Chevrolet. Building a more expensive way to see the U.S.A.

LOL your caption cracked me up... big time.

If only my husband would have requested the compliance letter in person, it would have for sure been free. GM might have even paid him to grace them with his presence. hehehe

http://www.nhtsa.dot.gov/cars/rules/import/

http://www.nhtsa.dot.gov/cars/rules/import...anada07032.html

has info on importing ur car--especially the phone #'s of each manufacturer!! Some dont charge any $$, some do!! Nissan didnt charge me anything and faxed it to me within minutes!! I ended up selling my car prior to moving

I got my compliance letter faxed yesterday..freaking $89.25 from GM. That's ridiculous..no wonder their sells are down.

Jarett's muscle car doesn't pass the emissions requirement, but I called EPA and apparently if a vehicle is over 21 years of age it is exempt. Hallelujah! I would NOT have been happy because we would NOT be leaving in 2 days!

But it's all good..we're ok..I'm happy again!

My husband received his visa Monday (4 business days!), but didn't pick it up until yesterday. He said he didn't see anything in the paperwork about importing a car. He might have skipped right over it...or do they expect you to know?! Trial and error? Anyway, I'm hoping ya'll can help me with some last minute tips at the border.

Besides what he received in the mail regarding his immigrant visa, the compliance letter, proof of ownership and insurance on his car, list of items he is bringing, I don't know what else to bring!

I am worried that we are going to get to the border and get turned away.

I know this is probably a weekly question..but to be honest I don't have time to search! And with searching, I'm always afriad that something has changed or there is a new requirement.

Please help. Ya'll are the best!

gives you supreme ranting power..

i believe it does!

i'm so sorry to see how long your process is taking. i hope you get your approval asap!

Our NOA2 took 7 months. It was a hard pill to swallow when some were approved in as little as 1-3 months. I feel for ya. I thought I was going to go insane!

congratulations!!! and HOORAY for not having to do the long distance thing anymore

Many many congrats! It's over!

It's so nice to be able to tell people, "it's over" instead of,

"your guess is as good as mine"

"i'll let you know when I know something"

"yep, we have really been apart over a year"

"i know, it's crazy"

"nope, you are not automatically a citizen because you marry an American"

"still haven't heard anything"

"just waiting for an interview"

"yes, we should write a book"

"yes, he really does exist" <---- usually ticks me off the most even though I know people are joking

"I don't know how I do it either..must be love"

I HAD so mean rote responses (I'm sure you and everyone else who goes through this process does too), I'm soooooooo glad to finally say IT'S OVER!!!!!!! No more avoiding people in the mall, walmart, church, etc. for fear they are going to ask about immigration.

It's nice..enjoy it.

add that to list of questions asked weekly,lol just kidding!! But I did state the time frame in my first posting about usa citizenship. No he wont loose his Cdn citizenship, he will have dual! But in the eyes of the USA government, he would be a USA citizen. 90 days prior to the 3 yr mark of the date u activated ur cr-1 visa is when u can apply.

LOL I realized that after I clicked "add reply" ...that I should have been more clear. I didn't mean like how long would it take (because you did such a great job of explaing..thanks!)

I meant how difficult would it be especially if the permanent resident has a criminal background. I expected ya'll to read my mind. ha! Do the same rules apply for green card holders as citizens..as far as criminal history is concerned? If he was approved for his green card, then he should be approved for citizenship right (as long as we meet the other requirements). I'm just trying to figure out if the road to citizenship is more strict or just more money.

I was under the impression that if you had a green card, 2-year or 10-year, if you left the US for more than 6 months you lost your green card. Is this wrong?

From what I understand, the onus switches from USCIS needing to prove that you are no longer resdient in the US to the green card holder having to prove ties to the US after 12 months absence. They can pull you into an immigration hearing if they feel that you are not a bona fide resident at any time although I doubt that they will do it unless you frequently leave and re-enter the country. Once you are a citizen, they can't do this. If you are out of the US for more than six months, they will get suspicious.

How hard is it to become a citizen? Would my husband have to give up his Canadian citizenship, or would he be a dual citizen?

Your husband should wait until he has his permanent resident card, which he will apply for two years after he receives his temporary resident card. Then he will be able to come and go without a problem. Any sooner than that and he will abandon his residency.

No, you cannot get your residency in Canada unless you take up residence there.

Is it 2 years after he receives his temporary card, or after we have been married 2 years? The guy told us we will have to file something on our 2 year anniversary (which is this summer). Is that what you are talking about, or am I confused?

Congrats amberlynnglad you guys are approved, best of luck with the next part of the journey, and of course the move

CONGRATS!! Surreal feeling, huh?

I still don't think it has set in for me. I'm thinking that they are going to go back and say.. NOPE we messed up.. I hope that has never happened and never will!

I love to play the "what if" game..a little too much to be quite honest.

but..

WHAT IF..we decide to move to Canada in the next couple of years? My husband is not planning on getting his citizenship, he will only gave his green card down here.

If we move to Canada is his permanent residency in the U.S. voided out? I just don't want to be forced to live anywhere..I want options people!

Can I get my permanent residency in Canada right now..even if we don't intend on moving there. I'm thinking no..but any input is appreciated.

THANKS!

Item Number: 1008664576929951

Product Type: Xpresspost

Service Standard Delivery Date: 2008/04/29

Reference Number 1: M0006757

Date of Event Time of Event Location Description Retail Location Signatory Name

2008/04/24 08:53 LACHINE, QC An order has been electronically submitted

Is this a good sign? I have my flight booked for May 3rd..he's picking me up at the airport before we drive down to Texas! Do ya'll think it will arrive before I get there? I'm not going to rely on the suggested delivery date. From what I've read, it doesn't appear that the website is very accurate.

Anyway, I hope that I have allowed enough time for the visa to arrive (10 days). I have taken off of work sooo much this year for immigration and visits..I really can't be sitting in Canada waiting for his visa to arrive. We need to head down as soon as I fly in.

B.C. is on the other end of the country...hmm...it might be a close one.

OH ..forgot to mention the guy who was looking through our documents was NOT happy that my husband had his medical so early. He said the the Dr. should not have examined him without the interview letter. I almost thought we were going to be denied until my hubby got a new medical. It will expire in August..so it's 8 months old. Anyway, people might want to keep that in mind..he might not be so nice next time.

Also, they wanted our ORIGINAL marriage certificate..not a certified copy (the one I provided). They also wanted another photocopy of his birth certificate. I'm not sure why..but I'm glad I was prepared. They wanted my 2007 W-2 and tax return...but not a new affidavit of support. I'm not sure when that will be required, but I'd have it to be on the safe side.

Anyway..that's all!

It was kind of cute..when I returned with my I.D. I said, "I'm sorry I forgot my license" and he responded, "I'm sorry I made you go get your license." He was NOT that friendly to other people though. At one point, I thought he was going to beat this guy with his rather large nightstick for not emptying out his pockets as instructed...kinda creeped me out!

We arrived in Montreal Saturday evening around 6:00 pm. We were really happy to see each other, but everything went south in a hurry after trying to rent a car..find a parcade..get into our hotel. We ended up staying at the La Tour Centreville and it was okay. Cheap enough and great location..but the smell of the Yu Hang restaurant makes me want to throw up thinking about it. hehe Our room reeked of Japanese food. blah! I think the La Tour is great for one night, but we stayed 4 nights and that was a little much.

We hated Montreal for about 4 hours..it was such a culture shock. My husband signed up for waaaay more than he needed for the rental car (in fact every optional thing he could sign up for..he did) because he didn't really understand. We couldn't find a place to park..maybe the UFC had something to do with it. We found a spot at Desjardins Centre and it was great but were sooooo turned around, confused, tired, hungry..

We made it to the hotel about 9:00 pm and went to bed right away in kind of a grumpy mood. The days to follow were MUCH MUCH MUCH better. I don't know what we would have done without the Tom Tom! We had a blast going to St. Catherines street..we spent most of our time eating at pubs/restaurants and enjoying the FANTASTIC shopping. We really enjoyed the old churches, driving down the St. Lawrence, going to Mt. Royal, etc..

Honestly though, we spent most of our time walking. It almost would have been better to get a taxi and just walk around, but that's my personal opinion.

The weather was PERFECT and WARM every day that we were there!

Our mood changed quite a bit Monday night as we were preparing for the interview. We contemplated lying about a few issues that we were worried about, but after much prayer we decided to be honest about EVERYTHING even if it meant getting denied. I prayed that God would not allow the C.O. to ask any questions that would require us to lie. You know what? God is good and we were not put in a position to lie at any point in the interview.

We both grew incredibly nervous and it didn't help that there was a RIOT from the Canadiens game that lasted for hours. My husband wanted to go to that game sooo bad but we couldn't get tickets. Anyway, we woke up about 5:00 because neither one of us were really sleeping at this point. We arrived at about 7:00 and they opened the doors at 7:20. Of course, right off the bat I forget my I.D., so I had to run in my heels back to the hotel. We were like GREAT..this is not a good start to the day.

I met my husband downstaris, we were first in line.. went through all of the paperwork with the guy, he was fingerprinted, and then we patiently waited for the interview.

I felt that we had about a 40% chance of an approval, 40% chance of an advisory opinion, and 20% chance of a denial. We were first in line, but about 4th to get called into the interview (which was scary..what is taking so long).

Our interviewer was AWESOME. He said our case was the second complicated case of the day and that we made him research the law before calling us into the interview room. He said our lawyer did a good write-up..talked to my husband about his record (which he was completely honest).. talked to us about the riot..talked to my husband a lot about playing hockey.. talked to us about the 2 denials at the border..talked to me about my job..before saying the best words a person could say, "You're Approved!!" and there is no reason not to issue the visa! We were in shock and soOOooOOoOo HAPPY! I'm still in shock I think. I can't wait to forget about immigration..but I will never forget about you all. Thank you so much for the warm wishes and prayers. It worked!! We can be together at last!

Great review and, of course, congratulations!!!!! Honesty is indeed the best policy and remember God likes people with smokin' hot bodies, just look at His physique in all those paintings. God is freakin' ripped! The COs usually ask straightforward questions (even though my parents were asked how they met ) and rarely will they try to trick you, that requires a great deal of effort and study and they're not going to do it for one case. All the questions about hockey were part of the feeling out process but since your other half is a hockey player and most people in Montreal have at least a modicum of knowledge about hockey, the CO wasn't too suspicious. If DH had been a neurosurgeon, then it might have been a bit different, since most folks know little about neurosurgery and people get suspicious when they're ignorant of a topic. Bet you're glad that hubby went to the interview in a speedo.

BTW was the interviewer about 6'3" with a resonant voice and brownish hair, aka Movie Voice Guy (MVG)?

LOL you crack me up. I knew that smokin' hot body served a good purpose..(besides for my pleasure hehehe). The CO was very straightforward..and almost gave us the answer to his own question .. all we would have to do was nod and say yes. That might not have made sense, but it did in my head. hehe

The CO interviewer was NOTHING like the border patrol agents the two times my husband was denied entry. It's like he wanted us to succeed at the interview. At the border, however, it's like they wanted to find a reason to deny him. Just my observation..I'm sure other people feel different.

I'm not sure if it was Movie Voice Guy...our guy was SUPER nice and had facial hair..and was middle aged..

He did have a great voice..I'm thinking it might be the guy!

I don't know if I told you this already..but I'm so happy pop is out of AP!!! :):) Is your family in the states now?

We arrived in Montreal Saturday evening around 6:00 pm. We were really happy to see each other, but everything went south in a hurry after trying to rent a car..find a parcade..get into our hotel. We ended up staying at the La Tour Centreville and it was okay. Cheap enough and great location..but the smell of the Yu Hang restaurant makes me want to throw up thinking about it. hehe Our room reeked of Japanese food. blah! I think the La Tour is great for one night, but we stayed 4 nights and that was a little much.

We hated Montreal for about 4 hours..it was such a culture shock. My husband signed up for waaaay more than he needed for the rental car (in fact every optional thing he could sign up for..he did) because he didn't really understand. We couldn't find a place to park..maybe the UFC had something to do with it. We found a spot at Desjardins Centre and it was great but were sooooo turned around, confused, tired, hungry..

We made it to the hotel about 9:00 pm and went to bed right away in kind of a grumpy mood. The days to follow were MUCH MUCH MUCH better. I don't know what we would have done without the Tom Tom! We had a blast going to St. Catherines street..we spent most of our time eating at pubs/restaurants and enjoying the FANTASTIC shopping. We really enjoyed the old churches, driving down the St. Lawrence, going to Mt. Royal, etc..

Honestly though, we spent most of our time walking. It almost would have been better to get a taxi and just walk around, but that's my personal opinion.

The weather was PERFECT and WARM every day that we were there!

Our mood changed quite a bit Monday night as we were preparing for the interview. We contemplated lying about a few issues that we were worried about, but after much prayer we decided to be honest about EVERYTHING even if it meant getting denied. I prayed that God would not allow the C.O. to ask any questions that would require us to lie. You know what? God is good and we were not put in a position to lie at any point in the interview.

We both grew incredibly nervous and it didn't help that there was a RIOT from the Canadiens game that lasted for hours. My husband wanted to go to that game sooo bad but we couldn't get tickets. Anyway, we woke up about 5:00 because neither one of us were really sleeping at this point. We arrived at about 7:00 and they opened the doors at 7:20. Of course, right off the bat I forget my I.D., so I had to run in my heels back to the hotel. We were like GREAT..this is not a good start to the day.

I met my husband downstaris, we were first in line.. went through all of the paperwork with the guy, he was fingerprinted, and then we patiently waited for the interview.

I felt that we had about a 40% chance of an approval, 40% chance of an advisory opinion, and 20% chance of a denial. We were first in line, but about 4th to get called into the interview (which was scary..what is taking so long).

Our interviewer was AWESOME. He said our case was the second complicated case of the day and that we made him research the law before calling us into the interview room. He said our lawyer did a good write-up..talked to my husband about his record (which he was completely honest).. talked to us about the riot..talked to my husband a lot about playing hockey.. talked to us about the 2 denials at the border..talked to me about my job..before saying the best words a person could say, "You're Approved!!" and there is no reason not to issue the visa! We were in shock and soOOooOOoOo HAPPY! I'm still in shock I think. I can't wait to forget about immigration..but I will never forget about you all. Thank you so much for the warm wishes and prayers. It worked!! We can be together at last!

Good Luck

Can't wait to hear of your approvals!! Good Luck!!!!!!! :):)

Bonne Chance to DH with the smokin' hot body.

Thanks everyone!! :) That was very sweet.

Say a prayer for us about 8:00!

Ok, you have been there an hour, where is the review with approval

APPROVED!!!!!!!!!!!! I CAN'T BELIEVE IT!!!!!!! It's a huge weight off of our shoulders. I will give the details later. Right now, my husband and I are going to celebrate!

Bonne Chance to DH with the smokin' hot body.

Thanks everyone!! :) That was very sweet.

Say a prayer for us about 8:00!