Cindo and Joe

You would have to report it as world income, not US income... so there is a separate spot for it. Then you would need to file another form to get a credit so that you're not being double taxed - to be honest I've been trying to figure it out for myself, but I can't figure it out at all, so we are just going to pay someone to do our taxes this one time...

There is a tax thread with a lot of explanations in it - I suggest you look through it. It's not as simple as just including the Canadian income....there's more to it... (I think, I'm lost myself..)

woohooo so excited! thought we slayed the dragon by finally getting a handle on the Visa process...you cut off it's head off and it regrows 2 more in the form of IRS and CRA!

Do you know a good tax person? We need one for the U.S. side of things as well as one for Canadian. Anything good in MTL?

Looks I will be filing an extension since we haven't gotten my spouse's passport certified copy from the Embassy (required to submit W-7).

I want to file married jointly, however file an extension- but turboTax is forcing an EXTRA $400 "make work pay" credit, when i'm pretty sure she is ineligible for this. (she doesn't have an ITIN or SSN yet) I now have an incorrect amount that I need to pay the IRS on the 15th.

It seems as though filing for an extension (regardless if joint is filed later) we BOTH have to send out a 4868? Also I'm guessing for Form 4868 for my wife, she should just put $0 since all of her money is foreign earned income?

Ok, the 4868 (extension) is not required to be sent by both citizen and alien, as 1 form is good enough there is place to put alien's information.

I will now have the extension, . We will be reporting both of our incomes (her Canadian income as well as mine in the U.S.)- only issue I'm stuck with is TurboTax not being immigrant friendly- as seems to be the case with many here. Asks for "W-2" information for spouse, yet she does not have "W-2", it is T-4 I believe.

Looks I will be filing an extension since we haven't gotten my spouse's passport certified copy from the Embassy (required to submit W-7).

I want to file married jointly, however file an extension- but turboTax is forcing an EXTRA $400 "make work pay" credit, when i'm pretty sure she is ineligible for this. (she doesn't have an ITIN or SSN yet) I now have an incorrect amount that I need to pay the IRS on the 15th.

It seems as though filing for an extension (regardless if joint is filed later) we BOTH have to send out a 4868? Also I'm guessing for Form 4868 for my wife, she should just put $0 since all of her money is foreign earned income?

from what i have read and talking to the IRS...yes you have to file an extension for your wife too... That is why i just decided to file and amend later.

I guess i could have paper filed the 4868 for my wife, but i wanted to e-file and of course turbotax wouldnt allow that without at least an ITIN.

This is a nightmare.

I want to file married jointly, however file an extension- but turboTax is forcing an EXTRA $400 "make work pay" credit, when i'm pretty sure she is ineligible for this. (she doesn't have an ITIN or SSN yet) I now have an incorrect amount that I need to pay the IRS.

Also I'm guessing for Form 4868 for my wife, she should just put $0 since all of her money is foreign earned income?

Hello Soza,

I am in the exact same boat as you, I got married in September 2009 and I filed married filing jointly. Even if you got married at 11:59p.m. On December 31st 2009 you can no longer file single according to the IRS. At first I went to H&R block and they told me to file single it sounded wrong to me so I did lots of research and found out that they are wrong (“IRS publication 519”). I actually filed a complaint with IRS about H&R block and had a major issue trying to get my filing fees refunded and ended up suing H&R block.

You have 3 options to file your return:

- Married filing separately – the easy option not much work and when they ask for wife’s SSN# you just write Non-resident alien “NRA” and you don’t need to do a W-7. You can get your refund faster and e-file.

- Married filing jointly – I recommend this since you will get more money back or if you owe you will owe less money or even get money back now. This option is nice since your wife doesn’t work because now your total income for the both of you will be just your income and if there was any deduction that you did not qualify because you made too much money now you can because you limit just doubled. For examples if you are single and make over 70K and you have student loan the interest it is not deductable, but with the MFJ option the limit 145K so now you can deduct it. Also thanks to the “make work pay tax credit” you are going to get $400 and another $400 for your wife this option.

This does require more work. You have to fill out a form W-7 and send you return and the W-7 form to the Austin, Texas address wait about 6 weeks for them to give your wife an ITIN number and then wait another 4 weeks for IRS to issue your refund and another 2 weeks for the check to come. You can’t e-file and you have to send in proof, an authentication copy by the U.S. embassy, of you wife’s passport. Personally I think this is also a good thing to have to use as proof at the interview.

- Head of Household – you can only do this if you have other dependent, kids, parents, brother, sister, ect…

Also on a personal note to everybody: Don’t use H&R block use their software or other programs. H&R block charged me $321 to file my return and in the end refuse to file my return because I wanted to go against their advice and file MFJ. I used TurboTax online $115 same amount of refund and I filed MFJ.

I am in the same situation,and will be taking your advice to file jointly. However, I will be filing for an extension (form 4868) for April 15th, and will be providing W-7 when I finally have everything ready.

Does my foreign spouse need to file a form 4868 as well? Or is that only for me to do at this moment?

It states: ITIN not needed for Forms 4868, 1040-ES, or 1040-ES (NR).

If you are filing an application for an extension of time to file using Form 4868, or making an estimated tax payment using Form 1040-ES or Form 1040-ES (NR), do not file Form W-7 with those forms. Enter “ITIN TO BE REQUESTED” wherever your SSN or ITIN is requested. An ITIN will be issued only after you file a tax return and meet all other requirements.

I am a California resident.

According to the VisaJourney guide for CR1 - i130 petition, the package should be sent to:

--o Petitioners who reside in AK, AZ, CA, CO, Guam, HI, ID, IL, IN, IA, KS, MI, MN, MS, MT, Nebraska, NV, ND, OH, OR, SD, UT, WA, WI, or WY are encouraged to file their stand-alone Form I-130s with the Lockbox using the following address:

USCIS

P.O. Box 804625

Chicago, IL 60680-1029

However, according to the USCIS website, it says:

Petitioners who reside in AK, AZ, CA, CO, Guam, HI, ID, IL, IN, IA, KS, MI, MN, MO, MS, MT, NE, NV, ND, OH, OR, SD, UT, WA, WI, or WY must file their stand-alone Form I-130s with the Lockbox using the following address:

USCIS

P.O. Box 804625

Chicago, IL 60680-4107

Link to USCIS page

Which is correct? They say that they will send the application back if not sent to the right place....

Thanks!

Can you hold off a week, and make more evidence to submit with the petition, for 'proof of bonafide relationship' ?

Here's what I did, for my I-130 petition - have a read?

http://www.visajourney.com/forums/index.ph...p;#entry3324240

(ya click the thing, have a read? )

I could, but it would really be nice to finally get this thing out... I have about 27 pictures of us (1 full set dedicated to wedding day), my auto insurance policy that has her name listed, about 8 emails, concert tickets, flight itenerary + boarding pass.

I don't have a huge book of things, but what I'm showing is that we've done a lot together over the course of a year (Cancun, Portugal, Grand Canyon, Boston, Los Angeles trips).

The affidavit stuff would be nice, but to get all those notarized is going to be absolute hell trying to get everyone down to a notary public. (And expensive in Canada).

I've heard that I can bring more proof once we go in for the interview, does it really seem like I don't have enough to submit?

Thanks for suggestions!

-Joe

Don't forget, you also need 1 passport picture for you and one for the beneficiary. No, affidavits are optional and not required, we didn't send any in. I would include wedding photos for good measure

Good luck

Oh - and the Canadian should also work on getting the long form birth cert. for NVC - this can take 6 - 8 weeks to get

Ok perfect, I'm getting a passport photo of myself today to stick in that little plastic bag.

Thanks for the tip on the long form birth certificate. She will need a translated version anyways because hers is French/Quebec- do you think she can order an English version or does she have to provide some sort of translation for a French one? (Didn't search this topic yet)

Hello there,

I have my I-130 package almost ready to send off to Chicago for CR-1!

I'm considering going into Kinko's/Fedex to redo the copies of Birth Certificate/ Marriage Certificate on a thicker stock of paper as I heard this can be good for durability purposes as it's going through a few hands. I've already color printed everything (clean print, no pixels) on regular computer paper. Would re-doing this on thicker paper be a waste of my time?

Here is my list from the cover letter- I'm a bit scared because I didn't get the time to make Affidavits for Proof of Marriage from friends/family, will I be oK?

1. Completed and signed form I-130

2. Check for I-130 filing fee

3. Copy of my Birth Certificate (front and back) to prove U.S citizenship.

4. Copy of my U.S. Passport to prove U.S citizenship .

5. Copy of our marriage certificate

6. Completed and signed form G-325A and photograph (petitioner)

7. Completed and signed form G-325A and photograph (beneficiary)

8. Copies of Car Insurance policy, Concert Tickets, Airline tickets

9. Copies of Pictures Of My Spouse and I On different occasions around the world.

10. Emails From My Spouse and I to each other. (and some from her family)

I see in the guides (and did a forum search) about some items needing to be Certified copies? (such as Marriage Certificate) What exactly does that mean? I have already made PDF scans of these to use as copies...but will those not work? Does certified mean, a copy done at a Notary?

We ordered 2 copies of our marriage certificate, should I be sending in one of the originals?

I don't see any info about my birth certificate/passport copies needing to be certified.

Is the fact that the CO can interpret your proof any way he wants giving too much power to one person without enough guidelines - absolutely. It is also the way it is.

I think maybe what I posted wasn't clear enough, because of what you have stated above. None of the items you stated above are going to prove that you are domiciled in the U.S. - for that purpose they are worthless (I hope that is clearer )

I'm truly not meaning to sound harsh - it may seem like that in print, I just don't want you making this mistake, in assuming you can prove domicile - when I really don't think you can. If I don't think you have domicile, how will you ever prove it to a CO? (not to say I know any more or less on the subject than anyone else in the world)

It's back to the three choices:

1. You are physically domiciled in the U.S. (scratch this one - you are not)

2. You only left the U.S. temporarily, maintaining strong ties to the U.S. (this one is a gray area at best)

3. You intend to reestablish domicile no later than the intending immigrant (this is probably your best bet).

So if you choose 3 - you need to start looking at this differently, forget all the stuff you already have, that's historical stuff and does not prove you are moving. Prove to them you are moving.

Do the things people would do if they were moving to a new country and had to prove it.

- Get a moving quote

- Get that letter from your employer - if you can, have them state in the letter that they understand that you are returning to the U.S. to live with your spouse and they will be hiring you full time inhouse when you move back.

- Get a lease

- Do you have utilites in your name? If not, can you sign up for them in your name?

That kind of thing

BTW, I wouldn't do any of that just yet, I would wait until closer to the interview as everything will be dated by then.

Is it illegal to apply for Canadian PR and U.S. PR, no it's not. Will the CO see it as working in your favour, absolutely not - so you have to convince him - if you decide to go ahead with doing it this way.

Perfect. I will be able to establish all of those things for proving domicile when it comes time- and if if the issue comes up of my obtaining Canadian P.R., I will be able to explain thoroughly my reasons why (fingers crossed!).

Thanks again, makes much more sense now.

You cannot file for Canadian citizenship unless you live in Canada for 1095 days. Living with a spouse in a foreign country does not satisfy those requirements.

My mistake, Permanent Residency- as I don't need to be a citizen to purchase property.

You are invalidating yourself from the I864 because you've ended your domicile in the US and have no real proof that you have intentions to reestablish - just by alone filing for the Canadian PR - REGARDLESS that you can keep your PR while out of the country when living with a Canadian spouse.

Also, I don't get how applying for Canadian PR invalidates domicile... I have not seen that written in the I864. My domicile requirements are met.

We wish to purchase together a vacation home in Canada, and I would like to get the Canadian citizenship process started early.

You never specified what application you are doing. *shrug*

Proof is a job. Proof is actively buying a house. Proof is having a newly signed lease.

I stated I was applying CR-1. Proof- I've stated I currently still have a paying U.S. job. Car registration. Taxes. As well as a lease that can be proved for I864. I've done a lot of work to maintain domicile- so to hear that I don't have it, that's where I'm confused.

Here's the problem- nobody said what you are doing is illegal, there is no need to get defensive and angry. I understand its a frustrating matter, nobody is going to blame you for feeling that way.

This site is for people to help each other, which include giving people advice they don't want to hear. Hang around this forum for a while and read the reviews coming in from DCF Montreal filers who have been denied a visa based on their lack of domicile. In most cases the petitioner has been forced by circumstance to move back to the US to adequately prove their intentions. Most of these people have been living in Canada for a much longer period of time than yourself and have continued to maintain ties to the US for months, years and even decades and have still been denied. These are people who have owned property and had business and jobs waiting for them back home. Unfortunately its not a joke. What is written on the I-864 form as a guide and what Montreal wants you to prove are two different things, unfortunately. There is no document that can explain exactly what they are looking for, and we are here to tell you they are looking for much more than what USCIS instructions indicate. There is a lot of "what ifs" and speculation involved, that's just the way it is.

No anger, I think it's a healthy debate to dig deeper into these complicated issues in hopes to provide positive outcomes for not only me but others as well. Well, I do admit I was pretty angered to hear that others who have obvious proof of domicile (such as owning a home) have been denied...crazy!

Just because people get away with it everyday does not mean it is excusable or right. My source of frustration with your post is that is seems you are suggesting you wish you would have done things illegally.

Other VJ members who have been denied believed they met all the I-864 requirements as well and were still denied. Many of them had very strong ties to the US, including jobs very similar to the one you have described. Your application for Canadian PR really stands as a red flag, which is what I was trying to point out. Being a Canadian PR already and perusing an application seems different. If you have been living in Canada as a PR with your spouse for months or years then that is one thing, but if you are showing intent to pursue residency in Canada while trying to establish your intent to move to the US I see that as being a problem and an uphill battle. If you believe you meet the requirements and want to peruse two immigration applications between two countries at once then that is up to you. I don't wish you ill and I apologize for sounding harsh. Good luck.

Thanks for everything, and I don't mean to sound hostile either- it's frustrating as everyone knows. It's not that I want to do thiings illegally- it's more of a "well what's the point of all this, when there is an obviously loophole in the system that is legal enough to work for millions". Filing AOS has such a large grey area- people get married with "intent" to immigrate v.s. people that intend to immigrate because they are married... where do you draw the line?

The laws are so vague and random at times it seems there is too much power put in the decision of a single immigration officer.

What Huggle's says is true. One of the ladies denied just got her PR card 6 months ago. I've had mine for 2 years and I'm still going home 3.5k miles away from my husband. Sorry, but I'm not willing to play the "what if" game. Maybe you are.

That's my frustration- why is there a "what if" game in the first place? There is no information anywhere that states what I intend to do is illegal.

Also to hear reports of someone who even owns a home in the U.S. is getting denied domicile? Are they kidding?

I never said it was illegal to do so - do not put words in my mouth. What I did say is that you are playing with fire because by persuing the Canadian PR, you invalidate yourself from the I864 requirements for domicile.

Realize that the Canadian PR application takes 12+ months to receive your PR card. If you get your PR card before the interview in Montreal, great. Move back to the US, get your job back, and you're good to go. I do not suggest you stay in Canada, go the interview with a newly acquired PR card, and expect to be granted the visa.

Where on the I864 forms does it say that pursuing P.R. in another country will invalidate myself? That's what I'm getting at...

Canadian PR application will take 12+ for inland applications- not Outland. (We are applying outland which will be at least 2 times faster).

Others were denied for saying they still had domicile in the US - when they really didn't. I am a Canadian PR, US citizen. I am moving back home next month because of all of the domicile denials in the past three months.

Sorry, but you can't have the best of both worlds. You need to decide - are you staying in Canada or are you bringing your spouse to the US? You can't have both.

Also, so what if it "happens every day". You don't know the applicants situations, etc., so they aren't relevant to what is being discussed here.

Actually I do know applicants situations as I have had 2 family members do just that- with no problems- and it is very relevant because it is countering our process. There is a reason for our process and I'd like to see it as a better oppurtunity, no?

We have made our decision- to bring my spouse to the U.S., and I wish to have Canadian P.R. Show me exactly where it says that is illegal to do so?

Really, there is no excuse for circumventing immigration laws on purpose just to avoid the hassle of going through the immigration process. You wanted to do things legal and safe? Great, so did everyone else here. It is rather confusing to me why you would commit to immigrating to Canada and then in the middle of the process you would decide that you want to DCF for a CR-1 and move to the US. In reality I think you are making things more difficult in yourself. If you want to live in Canada then finish the process in Canada and consider your US options. If you want to live in the US then abandon your Canadian PR application, focus on establishing domicile in the US and file a CR-1 for your wife. It seems like you want the best of both worlds and unfortunately in this immigration game that doesn't happen for people very often. As Trailmix pointed out, as it stands now, you will very likely be denied in Montreal for a lack of domicile. There have been people denied recently based on their status in Canada, and having a pending application shows an intent to remain in Canada. You want to move, but weather the IO at the interview will believe you want to move is another question.

If there is no excuse then why is it happening everyday with Lawyers assisting the process?

Whether or not I want to have Canadian residency SHOULD be a non-issue, as Canadian Residency requirements do not force you to live in Canada to be a P.R.

As far as what Trailmix has pointed out, I believe I in fact do meet all the I864 requirements...and so have other members on VJ that got denied... that is my issue. Is there something you can point out that I am missing for proving domicile?

Sorry for the rant... it's just hard to swallow having your future in the hands of a single immigration officer- and I know it's not just me. I get frustrated seeing other people trying to do things the right away to hear they "haven't established domicile".

And our country wonders why we have illegal immigrants. If we want to tackle immigration it's not by doing it this way- these procedures are only encouraging it. My brother and his wife did an AOS file and I know everyone says that it is risky- but what the hell CR1, K-3, K-1 are risky- THEY ARE ALL A RISK. We wanted to do things the "legal and safe" way but it seems like you get stiffed for doing it that way.

In the last year... i've been in Canada for most of it- I'd say almost 11 months.

However I'm not allowed to work in Canada and I cannot recieve medical- I've been granted permission to remain here working remotely for U.S. company while my Canadian residency is established.... only "official" document I have would be the VR paper the Canadian officials supplied me with which allows me to stay in Canada for 6+ months. (I have to get it renewed again soon).

The whole P.R. thing interfering with Domicile is so strange to me- given that:

-they already force a timeline for how long entry is valid with the CR1

-beneficiary must be in the U.S. 6 months out of the year at least to keep green card.

Obviously we are going to move! Maybe it will help to show to the officials that Canadian P.R. requirements allow us to stay in the U.S.

It would be nice to establish Canadian P.R. while living in the U.S.- especially to eventually buy a vacation property together in the Great White North.

I also have current/valid: California car registration, California car insurance.

Thanks Trailmix you rock!

Well, I DO have an address in which I was living before I left- and I can at the time of interview get a new rental agreement from the renter to prove that is where I am currently domiciled.

It is also the same address listed on my last 3 years of taxes, Car registration, as well as the address listed on all paperwork for immigration.

Also the job i'm currently contract working for will re-hire me in house/fulltime on my return to the states- however I think all I would need to show is my current status of my ongoing work for them. (they make a new written contract every 3 months).

I figured it would be fine for me to be applying for Canadian PR as it is not breaking any laws- and if they ask why, it's because I know the Canadian residency requirements do not require that I am physically IN Canada... I only need to remain living WITH my Canadian spouse, and that we can do that staying in the U.S.

I guess the DCF is out the window then, and will have to do the normal CR-1 routine. I just hope I don't run into problems now that I have emailed the consulate stating that I've been here in Canada for a while.

Here is yet another fun idea from me,

I have been researching for hours/searching these forums about DCF- and specifically Canadian DCF.

I have currently been IN Canada for about a year now (left and came back a few times).. but they actually gave me an official stamp in my passport valid for 6 months (because i'm outlanding PR status in Canada). I am free to be here, and have traveled back and forth through the border about 4 times since the stamp, even with my wife- and there are no problems). I'm working for a U.S. company remotely- which actually helped convince Canadian officials that I can stay here because i'm not stealing jobs and I have strong ties to the U.S. with this job.

After my 6 months is up, if I have still not been granted a Canadian "green card"- the Canadian border agent told me I can just drive back to the border and they will most likely give me an extension/new stamp of 1 year for everything to finish.

I also want to file CR-1 for us to move back to the states, and we're getting ready to send away for the I-130 approval (1st step). However it just seems like I'm spending all this time in Canada- and the Canadian government has been granting me official permission to stay in the country. As far as proving domicile I have plenty (my job, my storage in the U.S., bank account, etc.).

It seems the DCF has some grey areas- so I emailed and asked the question. (Montreal DCF). I'm currently living in Montreal so I was considering just going down to the consulate and asking in person- but I think an appointment is required?