Working in Canada after getting CR-1

[jedinite 0]

Hi there, I posted this in the NVC forum but I thought I'd post it here as well seeing as there maybe someone from Canada that is in the same boat as I am or at least has a similar experience. I want to know if anyone has any information or experience of working outside of the US after you have received your visa CR-1.

I am working in Canada now pending my CR-1 Visa, but I may continue to work in Canada until my contract expires or until I get an equal or better opportunity in the US. I will most likely just travel back and forth every few weeks or once a month back to my wife in the US. Will this create an issue for me in terms of taxes, immigration etc? I know I will have to report all World Income earned and may be taxed on the difference of what is owing to the IRS if I don't get taxed enough in the foreign country.

I am not quite at the interview process yet but it shouldn't be long and I want to know what your experiences are so I can plan accordingly. Ideally, I would like to find employment in the US that is equivalent to my current position / salary.

Thanks for all your input in advance.

[Flames9_RN 358]

There are a few VJ members that reside in the USA and still commute almost daily to work in Canada. Im sure they will have some tax advice for ya

[LindaB 0]

I just got my CR1 visa last month and I still commute to Canada every day to work. I have no problems at the border if that is what you mean by immigration. I am not sure how the whole income tax thing is going to work when I go to file next spring but from what I hear, I still have to file my taxes in Canada and then also file a U.S. tax return too but it is supposed to balance itself out. I will go to H & R Block or somewhere like that.

Any other questions just let me know.

[Flames9_RN 358]

I'd watch out on H&R block. I went to see the "cdn" specialist, he was terrible. I thanked him for his time and walked out. If you find a competent accountant that deals with USA/Canada tax stuff on a regular basis, thier prices are not that much more than H&R block. Accountants get $$$$ if they have never worked on that subject and have to research it.

[jedinite 0]

I just got my CR1 visa last month and I still commute to Canada every day to work. I have no problems at the border if that is what you mean by immigration. I am not sure how the whole income tax thing is going to work when I go to file next spring but from what I hear, I still have to file my taxes in Canada and then also file a U.S. tax return too but it is supposed to balance itself out. I will go to H & R Block or somewhere like that.

Any other questions just let me know.

Well I'm working in Calgary right now and our US home is based in LA, so I won't be able to commute daily unless I purchase an expensive flight plan that allows me to get unlimited flights (which I know are available). Anyways, was thinking that if I continued to work in Canada for up to a year after my CR-1 is approved it would allow me the time to get a proper career opportunity in the US.

I really just wanted to know what my options are without harming my long term goals of living in the US with my wife.

Oh about your taxes, don't go with H&R Block, they are a bunch of monkeys or students that don't really know a thing about taxes. Get a good accountant, I went with one at MNP (Meyers Norris Penny) because they are a medium sized firm and they have enough people that really know taxes there to cover the complexity of Canada/US taxes. You may be able to find someone from a smaller firm or even a private accountant that does this on their own but I like the fact that my accountant has a whole team he can go to if he doesn't know the answer or needs to go to bat for me if my taxes are audited for whatever the reason. Just my opinion anyways.

[LindaB 0]

Thanks for the advice on H & R Block guys.....I will keep an eye out for someone before next spring!

[sly_wolf 199]

Throwing in my 2 cents ..... I believe that the taxes paid are based on residency. If you still live in Canada you will have to pay your income taxes to Canada. You will still need to file some paper work on the US side though. I think it becomes a slightly bigger tax issue if your income is more than $100K per year.

Sly

[Kathryn41 3,205]

The one thing you will need to be concerned about is proving your residency in the US if you continue to live and work in Canada for another year. One of the conditions of the CR-1 (green card) is that you are living in the US. Residing in another country is grounds for cancellation of the green card. You should try to think sooner rather than later of trying to find work in the US and discontinuing to work in Canada under your particular circumstances. If you were able to establish a residence in the US and commute regularly back and forth it would be a different matter than maintaining a residence in Canada. Your current circumstances may set up a big red flag to USCIS.

Edited August 19, 2008 by Kathryn41

[sly_wolf 199]

The one thing you will need to be concerned about is proving your residency in the US if you continue to live and work in Canada for another year. One of the conditions of the CR-1 (green card) is that you are living in the US. Residing in another country is grounds for cancellation of the green card. You should try to think sooner rather than later of trying to find work in the US and discontinuing to work in Canada under your particular circumstances. If you were able to establish a residence in the US and commute regularly back and forth it would be a different matter than maintaining a residence in Canada. Your current circumstances may set up a big red flag to USCIS.

Agreed. Its going to be hard to say you live in the US (LA) when you work in Calgary.

Sly

[Flames9_RN 358]

true, the few that I know on here that do this live very close to the usa/canada border, thus able to commute back and forth daily, one is even a cdn customs person,lol

[jedinite 0]

Throwing in my 2 cents ..... I believe that the taxes paid are based on residency. If you still live in Canada you will have to pay your income taxes to Canada. You will still need to file some paper work on the US side though. I think it becomes a slightly bigger tax issue if your income is more than $100K per year.

Sly

Thanks Sly, I would be one of those ones in the $100K+ bracket and I suppose I would have to pay additional taxes for going over the world income limit.

[jedinite 0]

The one thing you will need to be concerned about is proving your residency in the US if you continue to live and work in Canada for another year. One of the conditions of the CR-1 (green card) is that you are living in the US. Residing in another country is grounds for cancellation of the green card. You should try to think sooner rather than later of trying to find work in the US and discontinuing to work in Canada under your particular circumstances. If you were able to establish a residence in the US and commute regularly back and forth it would be a different matter than maintaining a residence in Canada. Your current circumstances may set up a big red flag to USCIS.

Agreed. Its going to be hard to say you live in the US (LA) when you work in Calgary.

Sly

Alright, that's definitely something I have to consider then. I'll start looking for job opportunities once I'm closer to an interview time. It's hard to start looking for a new job when you don't know when you'll be available.

I may just end up working out the rest of the year in Canada if only to make my taxes simpler, I hope that a couple months at the beginning of my receiving my visa doesn't affect me. Would I end up having to declare my taxes to the IRS even though I worked the majority of the this year in Canada prior to receiving my visa?

Also, if I do commute for a few months after receiving my visa, what do I say? That I'm traveling on business? Since I am working, but I don't want to end up shooting myself in the foot, already did that once with the whole TN-1 Visa disqualification when I mentioned that I am married to an American. Big doh! on my behalf.

[Reba 2]

You'll have to file taxes in both Canada and the US anyhow, because you're married to an American, doesn't matter if you're living there yet or not.

Once you have your CR1, you can travel back and forth. When you're coming back to the US, you're "coming home from a business trip". When you're going to Canada, doesn't really matter, you're Canadian, they have to let you in

[sly_wolf 199]

Although, I believe the tax liability will be based on where your residency was on the last day of the calendar year.

Also, I dont think there would be any issue if it takes you a couple of months to move. Maybe someone else can validate that comment.

Sly

[sly_wolf 199]

Hi there, I posted this in the NVC forum but I thought I'd post it here as well seeing as there maybe someone from Canada that is in the same boat as I am or at least has a similar experience. I want to know if anyone has any information or experience of working outside of the US after you have received your visa CR-1.

I am working in Canada now pending my CR-1 Visa, but I may continue to work in Canada until my contract expires or until I get an equal or better opportunity in the US. I will most likely just travel back and forth every few weeks or once a month back to my wife in the US. Will this create an issue for me in terms of taxes, immigration etc? I know I will have to report all World Income earned and may be taxed on the difference of what is owing to the IRS if I don't get taxed enough in the foreign country.

I am not quite at the interview process yet but it shouldn't be long and I want to know what your experiences are so I can plan accordingly. Ideally, I would like to find employment in the US that is equivalent to my current position / salary.

Thanks for all your input in advance.

I just noticed that you are on contract. Are you self employed? If so, that could potentially be an advantage.

Sly