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F3MTL

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Posts posted by F3MTL

  1. On 2/15/2024 at 6:51 PM, mashtates said:

    I am a Canadian citizen who recently became a US permanent resident. I have a Registered Pension Plan (not RRSP) back in Canada from my previous job. This is an account where my employer matched my contributions and it also accumulated investment gains. It continues to grow with investments but I am obviously no longer actively contributing to it as an employee. Due to provincial rules, I cannot withdraw the RPP until I have been a non-resident of Canada for two years, which I am not yet. However, I am not sure I want to withdraw it at this time due to the gains. Are there any US tax obligations if I leave the RPP intact until I can withdraw it?

    I'm also in the same boat as you. I became a US PR in 2022 and just now received form NR4 from my Canadian RPP which I still haven't closed. 

     

    Did you end up figuring this out? I think as long as you report your accounts on FBAR and Form 8938 you should be fine, but not sure on actual US tax obligations.

  2. I moved to the states last year in October and filed my taxes on-time. I was self-employed and paid all my taxes, however due to not paying quarterly taxes last year, the IRS assessed my paper tax return and determined that I owe some penalties (less than $100). I just paid them by logging into my IRS account.

     

    Will this penalty be an issue when applying for naturalization? I know naturalization is so far out (can’t apply until 2027) but I really want to make sure I set myself up properly and do everything on time. 

     

    To make this possible, I’m going to try to get my quarterly payments sorted starting next month. I’m just concerned because I realized I skipped Q1 and Q2 payments for 2023 - will those penalties be an issue when it comes to my application for N400? Will paying them off keep me in the clear? 

     

    Thanks.

  3. 3 minutes ago, Crazy Cat said:

    That date shows the date of entry.  It should be entered. Without the date, how do you know when the visa holder entered?

    My wife's stamp was not empty. 

    I don't think your visa was properly endorsed.  

    Oh okay. I was talking about the September, 20th, 2023 date.

     

    That’s the date that my visa stamp from last year didn’t have but it had the date of endorsement.

  4. 4 hours ago, Boiler said:

    The VJ record, as far as I know, is 9 years. I have seen some cases elsewhere that seem longer but who knows. I do not believe everything I see.

     

    If they want to naturalise I would use the date she enters this upcoming time.

     

    Id she gets any hassle she just needs to hold her ground, nothing much they will do.

    Alright, that makes sense. 

     

    This trip is also going to be the one where my dad's immigrant visa gets endorsed. Hopefully everything is fine. I'm budgeting an hour or so at the border, considering they'll need to look through our shipping boxes and everything. 

  5. 3 hours ago, nastra30 said:

    Confused about this statement. I thought she already entered and went back to Canada. If she's already entered in the past based on immigrat visa then she's already a greencard holder/LPR. 

    Her 6+months absence shouldn't cause any issues. If she's given a hard time by IO she shouldn't budge. 

    Forgot to clarify, yes she already got her visa endorsed and is a permanent resident. I meant this would be her first time back to the U.S. with the actual physical green card. 

     

    And that's good to know. Hopefully the reentry permit application is also proof that she intended to come back. My mom also filed her taxes and maintained her bank/credit accounts too. 

  6. Hi, I’m wondering how lenient CBP is with trips that last more than 6 months. A bit of context: my mom and I came to the US last year, mom decided to go back to Canada and wait for my dad’s case to get approved (he got DS 5535). I made sure to apply for a reentry permit for my mom, but she hasn’t received it yet. She got her biometrics done before leaving the US 6 months ago. 

     

    Since then, my dad’s case got approved and my parents sold the house. They are planning to cross the border and I’m wondering if my mom should be fine given her ~ 7 month stay outside the US with a pending reentry permit? This would be her first ever entry to the US as a green card holder. My parents also plan to take all their boxes/shipping stuff across the border.

     

    Any advice would be appreciated.  

  7. 2 hours ago, kate777 said:

    Congrats! There's a light at the end of the tunnel!!

    The physician sent them electronically. We also had to send passport pics so those were sent by courier, but the medical was handled same as the first time. Maybe that's generic language they use in the email, about logging into the system for instructions on how to send requested docs?

    Oh yes you might be right! Called the local physician and they confirmed they are all sent electronically now. 

     

    Interesting that they didn’t ask for new photos. I wonder if they’ll use the originals? They’re more than 6 months old. I guess we’ll find out

  8. On 3/10/2023 at 11:13 AM, kate777 said:

    Yay it was issued today!! Can't really wrap my head around it. It's been almost 2 1/2 yrs since we first submitted the I129F

     

    Our timeline was-

     

    fiance’s interview 5/4/22
    DS-5535 emailed to him 5/5
    I contacted my congressman and senator in Aug, not sure if that did anything
    submitted WOM paperwork to Hacking Law 9/14 (not sure the exact date they filed but shortly after that)
    first lawsuit deadline was 12/17, no case updates during that time so Hacking refiled the case in my home state (they had originally filed in Washington DC)
    request for new medical and updated passport pics 1/6/23
    extension for lawsuit was requested at the end of Jan and granted until 4/7
    CEAC status changed to Application Received 3/7
    Approved 3/8
    Issued 3/10

    Hey, congrats!! We’re almost there too, they requested the medical. I’m curious, it seems they want them delivered via courier, and not electronically. Do you remember if you sent your medical via courier or did the physician send them for you electronically? 

  9. 3 hours ago, webber777 said:

    Hi @F3MTL, I’m having the same issue with my SSN. Just received it and trying to add to wife’s credit card and also create SSA account. Keep saying unable to verify and I also got locked out of SSA. 
     

    We’re you eventually able to verify or needed to visit a SSA office to sort it out?

    Hi, yes I was able to eventually sign in. It took a few weeks if I remember correctly. Just have to wait for the SSN to be active for a bit. 

  10. 2 hours ago, Idlewild said:

    Can you share how you got notified?  I was trying to do some research recently as to how I need to notify the government of a US address / non-resident status.

    I believe once you cancel your OHIP your name should be taken off official Ontario records, though this could vary by province. In my case, I canceled my OHIP in December and still got summoned. 

  11. Hi, 

     

    I got summoned for Jury Duty. I live in the U.S. now as a LPR and I'm curious if anyone else has been in this situation before where they got summoned for Jury Duty in their previous country? I contacted the courthouse via e-mail requesting an exemption but they haven't replied yet. I also tried calling but it always goes to voicemail. Hopefully someone replies... It's in one month... 

  12. We actually got an email from the Embassy saying that the AP was complete and that an officer would be adjudicating the visa again. No timeline as for when that will happen but they said they will contact us if they need anything. Does this mean the DS 5535 has been concluded? 

     

    We contacted a State Senator but no communication from them, so unknown if that played any role in the email we received. 

  13. 10 minutes ago, telso said:

    That's actually exactly what I was contemplating. The Supreme Court summarily affirmed that ruling, meaning it did not even feel the need to hold a hearing, so it is indisputable that that constitutional provision is inoperative. There is a good list of cases and opinions with similar outcomes (click on summaries or citing cases). So that's pretty conclusive, and you're safe taking the job.

     

    The issue, then, is how this oath is affected by the court invalidation of the citizenship/alien requirement referenced in the exemption. One could say that since the constitutional section is invalid, the exemption is invalid, so everyone must take the oath (just eliminate subsection D). Conversely, one could say that since the exemption is still valid for faculty who are aliens, what the courts could do was say every alien should be treated as faculty are, so all aliens are exempt (rewrite subsection D as "Any of the persons, relating to the employment of aliens, are exempted from any compliance with this section."). Legally speaking, it is whether the courts would read down or read in the law: do you narrow or broaden the exemption, or narrow or broaden the law. (Also, fun fact, the U.S. Supreme Court invalidated a broader version of this oath, which banned joining any organization that did anything ad, but that language has been removed.)

    At this point, though the oath was originally required in a way that only citizens could take it, it's now unclear, but you don't have to affirm citizenship in saying it, so if you want you can just do it and not worry. Or you can press someone at HR or the AG/SOS office who is a lawyer to pronounce on this before doing it. Or you can hire a lawyer and try to get this settled, but that seems like overkill. Lastly, it would be nice to contact your state legislators and ask them to fix this law, which references an invalid part of the state constitution, and maybe even repeal that invalid section of the constitution. Good luck!

    Thanks for such a detailed answer. 

     

    Yes, it's definitely interesting reading up on these. I sent an email to one of the people working at HR for my state agency/department confirming my requirement for signing the Loyalty Oath. But, I think as you mentioned above, I should be in the clear whether I sign it or not. 

     

    Sometimes I get really concerned about these things so apologies if I sound a bit unexperienced. This is one of my first jobs out of college, and I'm 23 and really want to make sure I play it safe as a LPR. 

     

    Also great to see you're from Canada too. 

     

     

  14. 58 minutes ago, telso said:

    Your warning bells were well attuned, because unless you're to be a college faculty member, you should tread carefully. The link to the oath you posted has links to the code section implementing it, which says, in part:

    And if you go to that constitutional section, it lists college faculty as some the people the code section refers to, so if that's your job then you're exempt, and you can point HR to it, but presumably the college HR people would know this exception well. The other relevant people are teachers on exchange and prisoners. More worryingly, it starts with:

    I could not find anything about this elsewhere, but Arizona is not the most friendly state to immigrants, with or without papers. Unless this constitutional section has been overturned by a court, you may not be able to work for state or local government in Arizona as an LPR. As well, it's possible that somewhere in the process you attested that you meet all qualifications for this job, which, implicitly, seemingly requires you to be a US citizen.

     

    I would make sure that legal counsel at HR is made aware of this constitutional provision and attests that it is non-applicable to your case, rather than trusting a mid level administrator. And especially if it is applicable, I would make sure that you document this all on paper (email), and that you make clear that you are not a citizen, that you did not notice any requirements to be a citizen during the application process and that if they were there you did not see it and so did not willfully lie about your citizenship status, that as soon as you became aware of this you explicitly affirmed you were not a citizen, and that you never had any intent to claim citizenship and always did the opposite. (You could, after this is all over, FOIA all this so you have the record from them, not just your email.) Hopefully that, combined with not actually starting the job and so not actually gaining a benefit (salary), should keep you from making the cardinal sin of immigration law.

    I hope you do get to accept this job, but you did a good thing when you saw this language and got worried about it. Let this be a lesson to everyone to read documents you sign, and if it sounds like something for a citizen, be absolutely sure it's not.

    Hi, thanks so much for letting me know about this.

     

    I actually found this case about a very similar situation online (https://law.justia.com/cases/federal/district-courts/FSupp/351/735/2594870/). This one is over 50 years old. I’m not sure if it relates to my case but it does say  

    1. Art. 18, Sec. 10 and Sec. 38-201, subsec. B and all Regulations and Directives promulgated thereunder are unconstitutional in that the enforcement thereof by the defendants as aforesaid deprive Maria and Marion of their respective rights and immunities under the Equal Protection Clause and further, contravene the Supremacy Clause.”

     

    I guess the best course of action is to get in touch with HR now? 

  15. 16 minutes ago, Lemonslice said:

    Just ask. Highlight the part about the exemption, and explain that is exactly what you are, so it seems it would apply to you.

     

    However, nothing in the declaration says "as a citizen, I will...". So, I don't think it's a big deal either way. 

    Okay, thanks. I’ll ask this week. 

     

    I was just curious because the Loyalty Oath had similar wording to the Oath of Allegiance.

  16. 2 minutes ago, Lemonslice said:

    That's when you ask your boss to verify with HR. My job as something similar, citizens do A, non-citizens do B. 

    So I emailed my hiring manager and she got in contact with HR and said all employees must sign in. So I’m a bit conflicted now since the form says aliens are exempt from it. She said I can also contact HR and double check so I’m going to do that. 

     

    From my understanding though, if the form says aliens are exempt from it, I’m thinking I could just leave that section blank

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