canuckle

Hello ZYGGY -

Thank you very much for you time on this thread.

My situation is this.

I entered USA in Jan 06 and have been in the USA since then.

All my income is from my Canadian consulting company ( approx $50k per yr)

I have filed a 06 and 07 tax return in Canada and nothing ever in the USA.

- I got married to a US citizen May 08 and I now just got my Green Card in Feb 09

I have to do my 2008 taxes and I will claim all in the USA to the IRS.

Questions:

What forms do I fill out for CRA?

Should I go back and try to straighten out my 06, 07 returns and advise the IRS?

I guess my real question is 'how do I make this right with the IRS and CRA?

Based on your info, you were a tax resident of the US in 2006 and 2007. You must report your income from your consulting company to the IRS for these years. (In reality it really wasn't a Canadian consulting company in the eyes of US tax law, unless you had Canadian income taxes witheld from your receipts. I doubt if that was the case, but if it was that would make it an important distinction. I am assuming that Canadian income taxes were not withheld for my answers) You would report the income on Schedule C if you are treating yourself as self-employed.

1)In 2007, did you file as a Canadian resident? You shouldn't have, but if you did that could also be important.

2) Depending on the answer to 1) you may need to file your 2006, 2007 and 2008 taxes with the IRS. Hire an accountant to help you with this. Be prepared to pay significant penalties and interest for the self employment taxes that you're going to owe. You're going to need the expert help to minimize the amount of possible penalties and interest you could owe.

To get the best help, you need to speak with a professional that you can open the books to, preferably one who is familiar with cross border taxation. But your treatment should have been as self-employed in the US as soon as you came here permanently. Based on what you have written, filing as a Canadian resident in 2007 was likely in error. You may need some help to undo what you have already done, or strategize how to expalin your tax residency if it should come up with the IRS if necessary.

Your situation could be a slightly difficult one. Expert advice is essential.

Thank you!

In 2007 I did file as a Canadian resident. The reason was that ever since I was in the US from 2006 I really thought I would be going back to Canada. Time went on then I was in an 'overstay' position in the USA. I got married in 2008.

I had a feeling I would have to report all my income since 2006 to the IRS to make sure things are right in their eyes. Now for 2008 - what forms or entries do I fill out for my Canadian returns?

Thanks again,

Can we hire your services?

Hello ZYGGY -

Thank you very much for you time on this thread.

My situation is this.

I entered USA in Jan 06 and have been in the USA since then.

All my income is from my Canadian consulting company ( approx $50k per yr)

I have filed a 06 and 07 tax return in Canada and nothing ever in the USA.

- I got married to a US citizen May 08 and I now just got my Green Card in Feb 09

I have to do my 2008 taxes and I will claim all in the USA to the IRS.

Questions:

What forms do I fill out for CRA?

Should I go back and try to straighten out my 06, 07 returns and advise the IRS?

I guess my real question is 'how do I make this right with the IRS and CRA?

I had read in another forum that even if you have recived the AP if your case is still in process it is not safe to travel because you could be denied entry. that is why i am asking

Only in a case where a person is adjusting status through marriage to a US-Citizen after a long OVER-STAY on a non immigrant visa.

The Overstay can cause a denied entry.

Yes thanks for the reply. I had teh exact question. I am a 3 yr overstay. I go my EAD notice recently and was thinking about going to canada. my aos interview is in late feb.

Should i stay put in usa until the aos interview?

EAD does not grant you re-entry permission... that is what AP is for... In your situation, even if you had AP it might not get you back in because of the overstay... Do not leave until greencard is in your possession

SIR - THANK YOU FOR THE GOOD ADVICE! BETTER TO BE SAFE

I had read in another forum that even if you have recived the AP if your case is still in process it is not safe to travel because you could be denied entry. that is why i am asking

Only in a case where a person is adjusting status through marriage to a US-Citizen after a long OVER-STAY on a non immigrant visa.

The Overstay can cause a denied entry.

Yes thanks for the reply. I had teh exact question. I am a 3 yr overstay. I go my EAD notice recently and was thinking about going to canada. my aos interview is in late feb.

Should i stay put in usa until the aos interview?

This poster reminds me of Feejo

errr I hope thats a good thing

Hello - this is a bit of a poll type question.

From everyones research and experience and even those who have been thru an AOS interview what do you think the most important issues that the interviewer looks at:

- Legitimacy of marriage. Ie) proof of building a life together

- The way or manner the person entered the USA.

- Financial stability of the foreigner

- Work background of alien

My case is that I was an overstay and got married. I do not have an I94 ( I am canadian ) , I have done occasional work in usa ( I have been here 3 years ) , I am happily married and have begun to build a life with my wife.

I guess my question is what is the most important poing or issue in the eyes of the interviewer?

From all my reading and research I think it is: That you have a legitimate marriage and that the couple is building a life together. I hope all the 'other things' like in my case of 1) no I 94, 2) bit of work in usa will be overlooked or forgiven if we can show our marriage is Legit.

I would appreciate others thoughts and opinions.

It doesn't really matter what is "most important". You must satisfy each critical issue. One thing can kill you but one thing won't save you.

Believe me sir - I agree. All elements and criteria must be met.

I have hired a top notch attorney and he has said that often the IO will overlook and has the ability to pass on an absence of a I94 and unauthorized work in the usa. I think it is the IO descretion.

I have prepared and prepared again....i was just now trying to look at this from another angle ...a more subjective angle and see what others feel.

Hello - this is a bit of a poll type question.

From everyones research and experience and even those who have been thru an AOS interview what do you think the most important issues that the interviewer looks at:

- Legitimacy of marriage. Ie) proof of building a life together

- The way or manner the person entered the USA.

- Financial stability of the foreigner

- Work background of alien

My case is that I was an overstay and got married. I do not have an I94 ( I am canadian ) , I have done occasional work in usa ( I have been here 3 years ) , I am happily married and have begun to build a life with my wife.

I guess my question is what is the most important poing or issue in the eyes of the interviewer?

From all my reading and research I think it is: That you have a legitimate marriage and that the couple is building a life together. I hope all the 'other things' like in my case of 1) no I 94, 2) bit of work in usa will be overlooked or forgiven if we can show our marriage is Legit.

I would appreciate others thoughts and opinions.

Need more info! What was ur status in the USA?? Were u legally working in the USA??

Thank you again VJ members for your responses.

My status in usa was that I was not working while here. I have been in an overstay position in usa for 3 yrs. I married my wife last year and now have my oas interview in Feb. I have not reported any income to irs because 1- i didnt want any agency knowing i was here but now i have done the official paper work ( on going for 1 yr) I have my aos interview. I expect all will go well and the second it does i will then report to the irs ( if that is what i have to do ) and even come clean about the time i have been here in the usa. I do want to do things accurately

Does anyone know if i should of been reporting to the irs the entire time i was here. That wouldn't of been really logical ...for the first year in usa...i thought i was going to go back to canada...one thing lead to another and i stayed in usa. then yr i met my wife and fell in love.

thanks

I have claimed my income in Canada only.

I am having an AOS interview in middle of Feb. I expect to get my green card. Assuming I do, how do I file my 2008 taxes. I assume that I file them in Canada again since all my income was from a Canadian employment?

Thanks in advance

Hello everyone and thanks for all the input.

I have my interview in feb 09 for my aos. I am trying to prepare as much as possible and looking for all info I can.

Does anyone have a story of someone not getting approved for aos. I don't hope there are stories but if there are I would like to hear them. The reason would be to use the stories to learn from and learn things not to do or to say.

I guess the good news is i have read most all posts on vj and everyone is getting approved and looks like we all stress too much before our interview

It is not a case of knowing what to say or not say. It is very much a case of telling the truth and being you. Is there something about your case that makes you think you need to be careful in what you say? Are you hiding anything? Most people who are denied end up that way because they have not been honest or have tried to hide something about themselves or their marriage.

Just make sure you have all the evidence that is required and you are 100% truthful when you answer a question. It is better to say "I am sorry I dont know the answer to that" rather than making something up.

I am sure you will be fine.

I think i have a few weaknesses in my case. No i94 ( i am canadian ), previous denial at a poe ( but then subsequently let in ) some work done in the usa. I would expect everyone going into an interview has a few 'questions' on their mind about elemens of their case.

My marriage is solid and wonderful. I am being hyper cautious and now trying to see any possible weakness...thats all.

What reason/Visa are you adjusting status from?

(There are many visas/'reasons' to adjust status - most will have little/no issues while others will certainly have problems.)

i am an overstay. i applied for spouse visa and green card.

fyi- i really was not trying to be negative with my inital post - i was trying to be creative to see if anyone had or heard of anyone having problems...and those reasons for problems would teach all of us waiting things NOT to do.

- Cuz i am freaking the heck out.

Hello everyone and thanks for all the input.

I have my interview in feb 09 for my aos. I am trying to prepare as much as possible and looking for all info I can.

Does anyone have a story of someone not getting approved for aos. I don't hope there are stories but if there are I would like to hear them. The reason would be to use the stories to learn from and learn things not to do or to say.

I guess the good news is i have read most all posts on vj and everyone is getting approved and looks like we all stress too much before our interview

Also this is in the wrong place! It should be in adjusting from work, student and tourist visa section. Hopefully someone will move it so you can get more input....

bluegreen - ty for your comment and pls someone move the post.

my questions are to see if i have any weaknesses in my case at time of interview. The 2 points i brought up are teh only 2 things i can think of and wanted some input. fyi- i did put on all my apps that 'canadian no i94' but now my interview is coming up and i wanted to know from anyones past experience going through an interview and they did not also have an i94 if it was a problem?

Hi all,

I have been reading this forum for a long time and now have questions and if any one could answer some would be grateful.

I have my interview in early feb.

I am married to a usa woman ( love being married btw )

1- I have been an overstay for 3 yrs. i did not get a i94 when i entered. I do have an affidavit from my sister because she crossed with me stating that the poe did not issue one at the time. since i do not have a i94 for my interview - any tips or advise for adressing this ?

2- i was denied entry 3.5 yrs ago and the poe wanted to see more ties to canada. 3 days later i returned with my ties and equities' to canada and was let in to usa. Again should i be worried about this previous denial.

3- i have lived in the usa for 3 yrs now - will the interviewer ask if i have worked? if they did some due diligence they may find people that i have done some small jobs for. the place i live is a real small town and everyone knows each other.

This forum is amazing and I highly reccommend it. I hired an immigration attorney in the usa and they were shocked at how knowledgeable and prepared I was ....and it was just from reading posts here. People - pay attention and prepare - vj is an excellent resource

please- any advise is very gratefully appreciated

Hi all,

I have been reading this forum for a long time and now have questions and if any one could answer some would be grateful.

I have my interview in early feb.

I am married to a usa woman ( love being married btw )

1- I have been an overstay for 3 yrs. i did not get a i94 when i entered. I do have an affidavit from my sister because she crossed with me stating that the poe did not issue one at the time. since i do not have a i94 for my interview - any tips or advise for adressing this ?

2- i was denied entry 3.5 yrs ago and the poe wanted to see more ties to canada. 3 days later i returned with my ties and equities' to canada and was let in to usa. Again should i be worried about this previous denial.

3- i have lived in the usa for 3 yrs now - will the interviewer ask if i have worked? if they did some due diligence they may find people that i have done some small jobs for. the place i live is a real small town and everyone knows each other.

This forum is amazing and I highly reccommend it. I hired an immigration attorney in the usa and they were shocked at how knowledgeable and prepared I was ....and it was just from reading posts here. People - pay attention and prepare - vj is an excellent resource

please- any advise is very gratefully appreciated