How do I know if I'm US resident or Canadian resident

[jhunjhun 7]

I just mailed my AOS application this week to US immigration. There was one posted message about receiving GST refund/credit from Canada while in the US. I don't know my residency here in USA. I'm pretty much sure that I'm still Canadian resident 'coz I assumed that my status in US immigration is undertermined at this time. I called the CRA about this and they referring me to cra website. I still have ties back in Canada...such as credit cards, bank accounts, and student loan. I'm Canadian visitor here in US, got married to my USC wife and just sent my AOS application. Can somebody help me to define my residency... I've received different answers...pls! thanks

[Tincan 0]

It's my understanding that if you live in Canada for more than 183 days in a year then you can consider yourself as canadian resident.

[thetreble 19]

I just mailed my AOS application this week to US immigration. There was one posted message about receiving GST refund/credit from Canada while in the US. I don't know my residency here in USA. I'm pretty much sure that I'm still Canadian resident 'coz I assumed that my status in US immigration is undertermined at this time. I called the CRA about this and they referring me to cra website. I still have ties back in Canada...such as credit cards, bank accounts, and student loan. I'm Canadian visitor here in US, got married to my USC wife and just sent my AOS application. Can somebody help me to define my residency... I've received different answers...pls! thanks

I wouldn't cash that GST check if I were you. If you applied for AOS, I'm pretty sure you are not a Canadian resident any more. How long have you been in the US for?

Hold onto the GST check and give it back. Many horror stories about people owing thousands after they left the US and didn't realize they had to pay it back.

It's my understanding that if you live in Canada for more than 183 days in a year then you can consider yourself as canadian resident.

If you leave and apply to be a resident in another country, how could you still be considered a resident of your home country?

[jhunjhun 7]

I received a GST check last month and it was cashed. A month ago I didn't know about this issue. I arrived here in US on July 08 and I'm adjusting my status tru marriage. As I said, I just mailed my AOS application this week. You've mentioned about appliation for my AOS...I just APPLIED AND NO RESULTS/OUTCOMES YET from USCIS. Do you thinl I'm still eligible to receive a GST check for nxt year January for sure...or not...thanks in advance

Edited November 14, 2008 by jhunjhun

[SapphireDreams 71]

I don't think you should consider yourself a Canadian resident anymore. You don't live there anymore and you've applied to live in the US. You are in limbo, not one or the other. I think cashing the last cheque was probably okay unless they ask you on your next tax return what month you left Canada. So technically if you say you left Canada in JUly, you're no longer a resident.

In January you'll already have been out of Canada for over 6 months, so you should definitely not cash that cheque.

[jedinite 0]

You are a Canadian resident until you have officially been granted a temporary working visa or permanent resident visa from the foreign country, period. Until such time you are considered a visitor and your country of residence is Canada.

If you try and visit the US and tell them that you are living with your girlfriend, fiancee, or wife, they will require that you have a visa in order to stay otherwise they can refuse you entry or they will limit your visit by giving you a I-94 form in your passport.

Just think of it like this, if you were to go on a 1 year vacation to anywhere in the world, even if you weren't living in Canada that entire year, you would still have to file for Canadian taxes and declare yourself a Canadian resident, not a resident of the country you are visiting. Residency is not based on where your "stuff" is, it's based on where you are legally residing. The only way you can denounce your Canadian residency is if you have a visa to work, study or live in another country. From reading your situation it doesn't sound like you fit any criteria for a non-Canadian resident.

Filing for AOS does not mean you are a legal US resident, it just means you filed to become a PR. When you get approved for the AOS it will be from that point (date) on that you are considered a legal US resident. For all intents and purposes you are Canadian visiting another country. I know I've repeated myself with several different examples but I'm sure one of these examples will make sense to you.

[Emancipation 2]

Filing for AOS does not mean you are a legal US resident, it just means you filed to become a PR. When you get approved for the AOS it will be from that point (date) on that you are considered a legal US resident. For all intents and purposes you are Canadian visiting another country. I know I've repeated myself with several different examples but I'm sure one of these examples will make sense to you.

I agree with this.. from what CRA told me last year, they care only about the date on the green card. That was the date that was used when determining last year when I "left" Canada for good.

[Kathryn41 3,205]

Actually, that is not technically true. I did not receive my green card until May 26, 2006. I physically left Canada May 7, 2004. For income tax purposes I ceased to be a Canadian resident on May 7, 2004 not May 26, 2006. For GST purposes, the day you left your permanent residence in Canada - gave up your address and your belongings - and moved to the US, you are no longer a Canadian citizen. Tax residency requirements are different than immigration residency requirements.

You will be required to repay that GST amount, if not before your income taxes are filed, then when they review your exit income tax returns early in 2009. You are required to state the date you left Canada on your return and that is the date they use for tax related calculations. Your "tax' residency for both countries is the date you physically move to the US to live in the US, not when you apply for or receive your green card.

Edited November 14, 2008 by Kathryn41

[Emancipation 2]

Actually, that is not technically true. I did not receive my green card until May 26, 2006. I physically left Canada May 7, 2004. For income tax purposes I ceased to be a Canadian resident on May 7, 2004 not May 26, 2006. For GST purposes, the day you left your permanent residence in Canada - gave up your address and your belongings - and moved to the US, you are no longer a Canadian citizen. Tax residency requirements are different than immigration residency requirements.

mmm I'm SURE they told me to use the May date (GC date) not the Feb date as my date of residency for tax purposes.

[Cassie 8]

Actually, that is not technically true. I did not receive my green card until May 26, 2006. I physically left Canada May 7, 2004. For income tax purposes I ceased to be a Canadian resident on May 7, 2004 not May 26, 2006. For GST purposes, the day you left your permanent residence in Canada - gave up your address and your belongings - and moved to the US, you are no longer a Canadian citizen. Tax residency requirements are different than immigration residency requirements.

You will be required to repay that GST amount, if not before your income taxes are filed, then when they review your exit income tax returns early in 2009. You are required to state the date you left Canada on your return and that is the date they use for tax related calculations. Your "tax' residency for both countries is the date you physically move to the US to live in the US, not when you apply for or receive your green card.

jhunjhun, as far as Canada is concerned, particularly the tax people, you are no longer a Canadian resident, and you will have to pay back anything that was paid to you (GST, etc). You also need to inform them that you no longer reside in Canada.

think about it, if you have the temp EAD or the regular EAD, and are working, you are already paying taxes on your income (which means you are a resident as far as the IRS is concerned), but you aren't a resident yet (conditional or permanent) as far as USCIS is concerned.

[Reba 2]

Actually, that is not technically true. I did not receive my green card until May 26, 2006. I physically left Canada May 7, 2004. For income tax purposes I ceased to be a Canadian resident on May 7, 2004 not May 26, 2006. For GST purposes, the day you left your permanent residence in Canada - gave up your address and your belongings - and moved to the US, you are no longer a Canadian citizen. Tax residency requirements are different than immigration residency requirements.

You will be required to repay that GST amount, if not before your income taxes are filed, then when they review your exit income tax returns early in 2009. You are required to state the date you left Canada on your return and that is the date they use for tax related calculations. Your "tax' residency for both countries is the date you physically move to the US to live in the US, not when you apply for or receive your green card.

I'll third that.

[jhunjhun 7]

If that the case that I need to pay the GST check that I cashed last month (obtober 2008), does the CRA will consider/use my Non-refundable Federal credit worth $7000's CAD to pay that amount? or this is didderent thing?

[thetreble 19]

Actually, that is not technically true. I did not receive my green card until May 26, 2006. I physically left Canada May 7, 2004. For income tax purposes I ceased to be a Canadian resident on May 7, 2004 not May 26, 2006. For GST purposes, the day you left your permanent residence in Canada - gave up your address and your belongings - and moved to the US, you are no longer a Canadian citizen. Tax residency requirements are different than immigration residency requirements.

You will be required to repay that GST amount, if not before your income taxes are filed, then when they review your exit income tax returns early in 2009. You are required to state the date you left Canada on your return and that is the date they use for tax related calculations. Your "tax' residency for both countries is the date you physically move to the US to live in the US, not when you apply for or receive your green card.

Thank you....I knew I wasn't going insane.

When I had filed for AOS, I was not still a visitor in another country. I in fact had no legal status, including that of a visitor. Considering you can't go home to your country unless approved, how can you be deemed a visitor. It is all very logical.

Edited November 15, 2008 by thetreble

[SapphireDreams 71]

If that the case that I need to pay the GST check that I cashed last month (obtober 2008), does the CRA will consider/use my Non-refundable Federal credit worth $7000's CAD to pay that amount? or this is didderent thing?

Was that a 2007 tax refund? If so then no repayment, because you were a resident in Canada for your 2007 tax year.

[jhunjhun 7]

I believe my GST credit was calculated based on my 2007 tax return.