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Posts posted by Yellowhead
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My husband and I have been separated for a year and plan on filing for divorce next week. We have been married since May 2011 and we have been separated since February 3, 2013. I was living in Sacramento, California and moved back to Canada on this date. We are filing in California and have been debating our options. I am traveling to California this week to move my belongings back to Canada and to file the paperwork.
We are curious what would be the cheapest/easiest option for divorce in Sacramento County based on the fact that we have no shared assets, no dispute over property, no children, no shared debt (I only have student loans from pre-marriage), and nothing we are contesting. We just want out so we can move on with our lives. I have researched the summary dissolution option for which we are eligible, but I have been told this process is actually twice the price and equally complicated as other options. Just seeking some information that might help me make a decision. I don't know the timeframes or process for a no fault divorce or hybrid case. I also don't plan on returning to California so whatever option would allow for me to handle the process from Canada would be ideal. Any advice?
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I moved back to Canada to work in February of 2013. My husband and I did long distance for a while and decided to separate after many issues in December. He had planned to come to Canada, so our shared belongings and some of my personal items remain in the USA. I am flying to California in May 2014 to retrieve these and driving back with a uhaul through Washington/BC. We will process our divorce while I am there.
I drove back last year with just a car load. We had anticipated moving together at a later date. I did not provide an inventory and simply changed my status with CRA and the government after arriving. I did not do an import of any kind at the border. Basically I drove to the border and came across on my passport.They asked why I was coming back, I said to work, no more questions asked. I have flown back a few times bringing a few things with me each time. I then forfeited my green card in November of 2013 once I had gotten established and decided I was staying in Canada after gaining employment and accommodations securely. I filled out my Green Card Termination paperwork at the airport in Edmonton upon re-entering the USA in November as it had expired. I had visited a few times in 2013 so I have returned regularly to handle my affairs there. This will be the final time I go and bring items back. I will enter on a new passport with no green card this time around.
I lived in the USA from May 2011-Feb 2013
I have returned numerous times. Initially with my green card, then as a visitor last time after forfeit.
No items worth 10,000+. No money totally 10,000.
I assume I will have to inventory all of my items upon return. They also may ask for the green card to forfeit, but I will have paperwork for this on hand. Just curious what else to expect. I will also peruse the website provided. Thanks so much!
If I understand well, you moved back to Canada last year and you are now, more than a year later trying to move your belongings back to Canada?
When you got back to Canada last year did you provide CBSA (Canadian CBP) with a list of all your belongings that you were bringing back at the time of entry that were in your possession and the ones you were bringing back later with the moving truck?
how long did you live in the USA before returning?
have you returned to the US since you moved last year?
Do you have any single items that are worth more than $10,000 (jewelry or anything)?, i'm pretty sure you don't with your description but please answer anyway
Please answer the questions and I will be able to help you further
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My husband and I are divorcing (I have since moved back to Canada as of February 3, 2013. I am going to California on May 9 to move my things back to Canada and crossing through the Huntingdon border crossing in Washington/BC. I am no longer a resident of the USA and I am simply moving my belongings home. I need advice as to what to expect when coming back into my home country with these items. I have established residency in Alberta as of February of last year, and I am not importing a vehicle or anything. Just taking a uhaul and driving it home.
I don't have expensive belongings, mostly books, furniture, etc. Any warnings or any idea of what to expect time wise for paperwork, any duties etc? Help!
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I am a Canadian citizen and I was married to an American citizen until Feb 4, 2013 when we separated. I worked in the US for a month then returned to Canada. I have been working in Canada since Feb 2013 and he has been working in the USA. He has never lived in Canada.
He filed our US taxes jointly for my income for Jan 2013 only, and I am now filing my taxes in Canada, however I am confused with how to file given our situation, I am unsure whether I need to file as married, separated or single on my taxes, as he has already claimed our US income on his taxes and it shouldn't be doubly taxed through CRA. I also don't want his yearly income affecting my return as we are no longer together and were not for most of last year. When I file separated or married, it asks for his Net Income and his date of birth.
I am also unsure whether I need to include my US income as it has already been taxed in the US and accounted for on the US forms when he filed jointly. Just VERY confused. I contacted CRA and HR Block in Canada but nobody has a clear answer on this. Please help!!!
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My husband and I separated on February 3, 2013. I was living in California and worked for 3 weeks before moving back to Canada. We have not yet divorced but plan to file for that shortly.
I got a call from him today in California and he is doing his taxes and wants to include me on his taxes in California. I worked a lot in Canada in 2013 and paid a lot of taxes in Canada. I am listed as separated for taxation purposes, however he never changed his status in California. After filing as married by separated, and not claiming me as a dependent, he is noticing he owes money on taxes rather than getting a refund. He is frustrated and called me saying he may have to include me on his taxes for 2013 as a result.
My issues are as follows:
- I am not claiming him on my Canadian taxes as I am listed as separated.
- I am not filing US taxes as I know there is a tax treaty and was simply going to include out of country income on my Canadian return.
- I am fearing he will file for both of us in California and have it mess up my taxes and return here in Canada. He insists on "asking someone to see" even though I told him to absolutely NOT file for me there.
Could someone shed light on what will happen in either situation and what my best option is with this? I thought you could only file in one country due to the tax treaty but I want to provide him with this information so he leaves me out of it all. I don't want his slacking off on changing his status and wanting to pay his taxes owed to affect my taxes in Canada and cause headaches for me. Please help :S
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We have made a plan, and whatever happens with immigration happens. My husband is going to stay in the USA while I move back to Canada to work from February 2013-September 2013 while his immigration into Canada gets worked out. In that time, if I change my mind, I will just come back to the USA as I still have my green card (unless it gets revoked), which is valid until September 26, 2013. If immigration fails, or if I regret leaving the USA for whatever reason, I have that timeframe to decide, then come back and renew my GC. If I don't regret it, we will have that timeframe over with for Canadian immigration.
The only reason I feel there is any issue with leaving is when I think of his parents who helped us financially to complete the US Immigration process. They are going to be angry that we are even considering dropping the process after putting so much time and money into it. If it wasn't for them, I would be gone tomorrow. He is their only child and they are going to possibly kill us when we tell them of our plans.
Does anyone know if I will have issues if I get employment in Canada? Does that null and void my GC in the US? I plan to work starting in mid Feb and plan to travel back and forth on my days off from shift work (every 3-6 weeks until he moves in September).
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The rules for maintaining residency are the same whether or not you have a 2-year card or a 10-year card. You can leave for up to a year without needing special permission and you can get a reentry permit in advance that will allow you to stay out for up to 2 years.
If you want to leave the US, surrendering your GC will not change your options in the future at all.
You could give it up now and move to Canada, then if you want to come back, you would apply for a spousal visa and the card you would receive would be a 10-year card if you had been married over 2 years at that point.
Yep 10yr card does not let you stay out of country any longer than 2 yr card.
If you choose to give up you GC anytime and reapply in future does not impact your application at all.
I could be wrong but the special permission to stay out of US for 2 yrs is only allowed once.
What happens if I stay out, then come back for a visit, then go again?? Not that I want to play the system by any means, but just curious how that works. I hate the idea of starting over with the visa process.
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I am a Canadian citizen, US Permanent Resident who arrived on a fiance Visa in 2011. I have since married my fiance and in September 2013 we can apply to remove conditions on my green card. I am in the process of deciding whether I want to move back to Canada before removing conditions (I had a death in the family and wish to be closer to family as a result), however everyone tells me it is a waste if we ever want to move back to the USA. I am curious what kind of experience it would be to reapply as a married couple if we don't remove the conditions on the 2 yr card in September 2013? Also curious what it would entail to maintain 10yr residency if we decide to go that route. For example, if I remove conditions, THEN move to Canada for an undetermined amount of time. I just don't know if I can go the whole 3 yrs from Conditional Residency to Citizenship and live so far from family. My husband would also come with me, obviously. We want options later on though. :/ Not sure what to do.
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I moved to California on May 1, 2011 and got married immediately upon arrival. I was a full-time student in 2011, in addition to having tuition credits still on my file from previous years due to how little I made during University. I am now getting ready to file my Canadian tax return using my tuition credits from last year. I did not gain residency until late 2011 in California so I am filing as a married person here, but unsure about what to do in Canada.
Basically, I am curious about general info for filing your first tax return abroad, as well as wondering what happens to those existing tax credits if I stop filing after the 2011 return. Is there anything specific I need to notate on this tax return due to my leaving Canada to live in the USA? Should/Can I still file in 2012 due to the existing tax credits and the fact that I maintain my Canadian passport, travel to and from as well as a Canadian credit card and bank account with high interest savings?
Any information is appreciated. I am clueless as to what needs to be done right now. Eeek.
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Thanks to everyone. Heading to the local office now for our interview!!!
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Yup that's different, we didn't send in any pictures with our application because such proof is taken to the interview. K1 is different than AOS. We didn't receive an RFE requesting pictures.
That's good than. We send everything with our K-1, and now just need to add marriage stuff, so most of it is done. Minus the above. I am not worried as we have plenty of proof and I am sure once they meet us they will know we have a bona fide marriage. We have nothing else out of the ordinary, come from same culture, language, backgrounds, same education, same family life. I just hate the finicky stuff they ask for. Like the above address problem, even though they have no resolve for it Lol
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We sent in Affidavits of both his parents and had them notarized, I have pics of us with his family during Christmas with a cute cake with my name on it
Most of our pics aren't stamped, they were taken mostly by our cell phones, but I can put the dates and locations on the back, that's a great tip. His parents witnessed our ceremony, we didn't have a wedding but we're going to later on. I didn't know I was required to put in the dates on the pics, whew, I need to remember to do that.
Not required, but definitely preferred. I have a friend who had a problem because of that, got an RFE which is silly as they don't specify. Sometimes you have to read their minds
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Thanks, yeah we have a joint account and pictures..just going to put together an album, most of our pictures are copies on the computer so I have a lot of printing to do!
Make sure you put the date, location and names of anyone in the photos on the back. If you can datestamp the front, even better. They will require this in many cases to identify time-frames, etc. Pics with each others family are great to have. We have his parents as co-sponsors, and their ID's are in the application, so having pics WITH them is helpful to the case. As well as letters from family and others stating knowledge of your union and cohabitation. Lease is very important too, if applicable.
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Another question for anyone reading this thread... Our mailing address is my husband's parents house (he never changed it when he moved out with all his contacts, so all his mail goes there), however we live at a different address, which is what our lease and utilities are under. My mail, aside from utilities, goes to his parents house as well, so essentially we have two differing addresses depending on the bill/letter. They do coincide, however, as do our addresses on our DL, Insurance, etc. We tried filling out the change of address form for USCIS, but it only gave us the option to change the mailing address, which we did not want to do. So we left the address with USCIS as his parents address for mailing purposes. We don't want mail coming to our apartment as we live in a tier based co-op community, and aren't done moving around yet as we have to request the apartments we want and residents with higher seniority get first choice (every time we get a new apartment, the address changes).
Long story short, will this be a problem?
I'm not doing the K-1, I'm adjusting from a B1/B2
Oh okay. I am K-1. If you can't legally obtain those docs, they will not expect them at the interview. Other proof such as joint accounts, photographs from marriage, etc. will be necessary and weighted more.
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Regarding the drivers license and insurance, we don't get an SSN number to get those things till after we get the green card..how do we provide such things?
K-1's can get SSN before green card and EAD. I got mine after 10 days of arriving at POE. You just have to wait until you are in the computer system at the SSN office which takes 10 days. From there, you can get a Drivers License in some states, but regulations vary. In California you can get a DL, but it is only valid for the duration of your I-94, which is 3 months. Then you have to wait until you get your EAD or GC, whichever comes first, to renew. I had everything within 2 weeks, so should be no problem to provide this, as well as joint vehicle insurance on both our vehicles.
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My husband and I have our AOS interview tomorrow and we are just compiling our proof for our marriage. We had our civil ceremony in May 2011 and have all proof of that (we were dressed nicely, but it by no means looked like a traditional wedding. We are now planning our committment ceremony (which we are also calling a wedding, for family and friends) for August 2012 in the Caribbean on a cruise. We have all details relating to that, including a facebook event with various people stating they are attending, the formal wedding invites, NO rings yet as it is a year away, receipt for the cruise deposit, receipt for the photographer, and a receipt from the wedding planner stating the day of and location. My question is, will bringing this info hurt our harm our case? I know a lot of people do things this way and plan for a committment ceremony for a later date. We have not told all of our family that we are currently married because they are extremely judgmental, however we have letters from his parents who attending our civil ceremony stating they are aware of and support our marriage, and acted as witnesses to it.
In addition to all of this, we have the usual documents: lease, life insurance, joint car insurance, letters coming to the same address, pictures from the civil ceremony, marriage certificate, as well as knowing each other intimately and being prepared for any questions that legitimize our relationship.
Any advice welcome. Good advice, not rude advice
Excited to FINALLY get this done.
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There were a couple people in this thread that were successful by sending a written letter to their local USCIS office, and going to an InfoPass about it. http://www.visajourney.com/forums/topic/174638-reschedule-initial-adjustment-of-status-interview/
Recently, the VJ member, BirdyGirl85, needed to reschedule so she and her husband did not lose out on thousands of dollars they had paid for their honeymoon. They were successful at canceling their interview without a denial, but are still waiting for a new interview date. You could maybe send them a private message about it.
Thanks so much! I brought a written letter to my infopass appointment. Luckily I got the same guy who handled my AP expedite and he knew my case already. He said because my I-131 reason was valid for them, the reschedule would also be a valid reason, so he took a copy of the appointment letter, my letter to USCIS and told me to come back in a week and he would have something for me in writing saying that it has been rescheduled, or at least cancelled and pending reschedule date allotment. I am going to keep my fingers crossed as June 29, my next infopass appt, is 5 days before I leave for my trip. I have been warned by many to get proof of the reschedule from the office and I will do just that and hope for the best. He said either way I will be taking a gamble with reschedule, including having my case postponed further - which I expected anyway).
Fingers crossed!
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You asked them to expediate your case and you were lucky, as they did. You should now respect this and keep the appointment. This is not negative but you got special treatment and so many of us wait over a year. so, please, keep apointment. If you don't, it makes it hard on the next person who asks.
I understand, I WAS really lucky to have gotten the AP document in time. Especially not for an emergency situation. However, I am not sure why they would approve AP and then schedule my interview during the trip that caused the expedite in the first place. It just seems so unprofessional to me. All my dealings with USCIS have been unprofessional. I scheduled an infopass for my AP expedite (2 appointments actually) and brought supporting documentation. This is the office where my interview is to take place, so I think I will schedule another infopass and go speak with the same officer as before. He knows my situation, he approved my case, so maybe he can assist. I cannot change my trip dates or I will lose the money we paid for the trip for both myself and my husband (over $2000 in total). I am fine with delaying my AOS case, we are doing fine without the benefits of the green card right now so a few more months doesn't worry me. I just don't want a mishap to occur where their is a denial. I will try to get as much information to confirm the change (if he approves it) in writing to take with me to the border as necessary. I will also get direct contact information for the USCIS office to ensure I have a point of contact if needed at the border if a mishap occurs. I have had many a problem since I began this process and the AP expedite was my first happy moment after many problems at the border, with my I-94, and case in general. I will make a decision about the trip when I find out more from the local office. I am not trying to abuse the system, but I have trouble respecting a system that is very incompetent, especially when people's lives and futures are at stake. Let's hope they prove me wrong this time.
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My husband and I are adjusting status from K-1 visa to LPR. I entered the US on April 29, we married on May 2, and we filed the paperwork a few days later. We received our NOA1's for I-131 and I-485. I have had a trip planned previously to go home to my birth city (haven't been there in years, and there is a wedding/reunion there in mid July). I had to apply for an expedite for the I-131 and after making two infopass appointments and spending countless hours at USCIS I was approved for the expedite. The trip falls from July 4-25th (my parents figured if they were paying over a grand to fly me home that I should stay for longer than a couple of days). My husband is also coming with me, so neither of us will be in the USA. Even though USCIS has my travel information on file, they scheduled my interview at the Sacramento USCIS office for July 20th. I am going to have to reschedule this, as I confirmed this flight in advance, have had my ticket for months, even before entry into the US and have obligations in the wedding and festivities (I am the wedding photographer!). I have committed to this and thought all was fine and dandy (figured I would just reschedule) but after perusing the forums here, I realize it is not that simple.
Can I get some help with regard to what COULD happen, what is LIKELY to happen and how to possibly avoid a negative outcome with this? I HAVE to reschedule, but we certainly cannot afford to have this process denied and having to start over. We are relying on parents right now and have pretty much tapped them out with this process.
Please no negative comments (like calling me stupid, etc.). I need all the suggestions I can get. What should I do to be proactive to ensure we don't get a denial?
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If you applied for an EAD, you can renew your DL when you get the EAD but the DL will expire when the EAD expires. Otherwise the earliest would be when you get the approval notice of action for the green card.
Didn't apply for EAD unfortunately. Only the AP and AOS. Ah well. I called the DMV legal presence office today and they said if I call back a few weeks prior to the expiration, they can issue me a temporary license for 30-90 days until my GC is approved. Hopefully I got accurate information this time. I will call again to verify with someone else as well and get their ID and everything this time to make sure I can back it up in July when I call back. Hopefully the renewal fees won't apply considering I had no idea. :/
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You did something . . . um, not so smart.
As long as you are not a resident of the Golden State, you can drive with your Canadian license in California. You don't want to surrender your Canadian license anyway, unless you really enjoy applying for a new one when being back in Canada. You are a resident of California once you have obtained the status of a "lawful permanent resident" (LPR), which is when your AOS petition has been approved.
Now, however, you went through the hassle of getting a California driver license (no "s" in driver license, by the way). Unfortunately, you can use it only until it expires, and from then on you have to ride the bus or a bicycle, as you can't drive with an expired license. Once you are in the DMV computer, you are in for good, so there's no way to go back. You can only hope for a quick AOS process.
I actually did NOT surrender my Canadian drivers license. I still have it, however I was told by many other seemingly intelligent posters on VisaJourney that my Canadian license is only valid for 10 days upon arriving in California with the intent of becoming a LPR. The police see LPR status, and simply living here as the same thing when it comes to ticketing a driver who continues to use their foreign license while living in California with the intention to stay, or with a pending AOS application. All they need to do is ask for my passport and they will see my I-94, Visa, and entry stamp to prove this 10 day timeframe has run out. The AOS application also proves the intent to stay, therefore nullifying my Canadian license. Although this isn't necessarily readily available to them, my passport shows the intent to file AOS. If I got caught driving on the Canadian license, it would be a misdemeanor, and would result in my AOS case being denied. So, I didn't do something stupid, I did was what was legally required of me so I don't screw up this lengthy process. I still have my license for when I return to Canada, so no need to reapply.
If anyone knows of any constructive way of getting around this, let me know.
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Have you applied for AOS yet? If not then why just apply for it using the address you both stay in now? It doesn't have to be the same address that you used for the K1. The lease in itself that has both your names is good, and you can have people like his parents or neighbors to make a sworn/notarized statement that you both live together. A big wedding doesn't matter as long as you have some pictures to show, and the certificate. How about a joint bank account, or him adding you to the car insurance? And joint cellphone bills? It doesn't matter that you have separate health care, I would think. If you are really together I don't think there is anything to worry about because the worse thing that could happen is a stokes interview, but if you live together and know everything about each other then you would be able to answer it without problems.
For me and my fiance, we live with his parents so we used his parents address. We pay them rent so we don't have bills to show. I am listed in his car insurance and we have a joint bank account and cellphone account. I am not on his healthcare too.
Hope that helps somewhat and I would just say don't worry about it and just file for AOS
We filed for AOS on May 3 with his parents address. I think I will just call and tell them that the mailing addy will stay the same, but our physical address has changed. Then we can provide the lease to them at the appointment if we get one.
I am curious, for walk-in biometrics, can you just go in advance of your appointment? I would LOVE to do this to speed up the process. Otherwise I will wait it out, but I didn't know this was an option...
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I went through the process of importing my vehicle (with some glitches on the part of DHS) and finally got my car registered and insured in California. I was told to transfer my drivers license that I would have to retake the written test, and they would waive the road test (by an agent on the phone). I went to DMV and was informed that I had been 'misinformed' by their agent, and was required to take the road test. They tried scheduling me an appointment and the next available was in 2.5 months, so she looked at other offices, and found one about 40 minutes away, the following morning. I went, passed the test successfully, and was issued my drivers license by mail.
I received my license yesterday and I notice that it says it expires in two months, the date that my I-94 expires. I was not told by dmv, prior to jumping through hoops, paying to register my car and insure it, and doing the tests, that this would be TEMPORARY drivers license. The agent asked for my marriage certificate, which I did not have on me at the time, and left it at that. I am curious if there is a way to have them issue a longer term license? Can I bring in my marriage certificate and have them adjust it? Do I need to wait until AOS? Public transit in my city is not safe, and neither is walking around alone, so I am basically stuck in the house for 3+ months if I can't get longer validity. Any suggestions are welcome on this. I do have my NOA1 from AOS and AP, as well as a biometrics appt. notice. Will any of this help?
I tried calling DMV, but big surprise, they told me they couldn't help me and gave me another number that was no longer in service. Ugh. Help!!
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yay for activity! Not!
Best way to Divorce my American Husband
in Effects of Major Family Changes on Immigration Benefits
Posted
We are divorcing in California. I do know how to use google. Just looking for some personal opinions and experience.