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Visiting the US & Taxation

By minnew in Canada

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minnew Proficient

minnew   4

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Long question & sorry if it has been answered before!

I have a question regarding the 183 days that you are allowed to stay in the U.S. I am confused because my situtation is this:

January-May 2008: Living in U.S on F-1 visa OPT (Probably somewhere around 175-180 days)

VWP visits: 30 days (so far)

June 2008: 3 days

July 2008: 0 days

August 2008: 3 days

September 2008: 13 days

October 2008: 11 days

Projected days to visit:

November 2008: 4 days

December 2008: 4 days

Will this be considered an overstay? :blink:

Will this be an issue when it comes time to prepare my 2008 US tax return? Last year I filed as a resident alien due to the fact I had been in the US since 2002 and over the 183 days limit.(Started my OPT in June 07, was a student before then) I am no longer living in the U.S. Do I file again as a resident alien or a nonresident alien? I can't remember if I had to declare world income on my 2007 return (I did not work at all in Canada in 2007) but I remember something about declaring school loans or tuition.

I am trying to decide if I can prepare my return myself or hire a tax professional...that means another visit to the US in 2009! And hopefully I get my W-2's in a timely manner from the U.S! I hired someone last year and ended up going to the college where a free seminar was happening by an IRS rep to help international students because the tax professional had no clue what they were doing and it was crunch time!

If anyone has any advice or could point me in the right direction please help! Thank you!

Side note: Will be petitioning for K-1 early 2009.

AOS

Sent- 10-21-09

Tracking says Delivered by USPS-10-23-09

Check cashed-10-30-09 (MSC case # on back)

NOA 1 date-10-29-09 (Received Date 10-23-09)

Hard copy NOA - 11-02-09

Touch- 11-03-09

Received bio appt letter-11-07-09(dated 11-03-09)

Bio appt- 11-19-09

Transfer to CSC-11-18-09

Touch on 485/765- 11-19-09

Touch on 485/765- 11-20-09

Hard copy of transfer to CSC- 11-23-09

Touch on 485- 11-24-09 (now processing @ CSC email)

Touch on 485- 11-25-09

Touch on 485- 11-27-09

Touch on 485- 11-30-09

Touch on 485- 12-01-09

Touch on 485- 12-02-09

Touch on 485- 12-03-09

EAD/AP approved-12-18-09

EAD/AP touch- 12-21-09

GC APPROVED!!- 12-21-09

Notice mailed welcoming PR-12-21-09

2nd Card Production ordered email-12-22-09

Approval notice sent-12-28-09

GC arrived in the mail-01-05-10

Done with USCIS until September 14, 2011!!

ROC

Sent: 09-14-11

Received: 09-16-11

Check cashed: 09-21-11

y7nv8l5t.png

minnew Proficient

minnew   4

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
  • Author
Posted

Oops! Just realized January-May 2008 would only be somewhere around 150 days!

AOS

Sent- 10-21-09

Tracking says Delivered by USPS-10-23-09

Check cashed-10-30-09 (MSC case # on back)

NOA 1 date-10-29-09 (Received Date 10-23-09)

Hard copy NOA - 11-02-09

Touch- 11-03-09

Received bio appt letter-11-07-09(dated 11-03-09)

Bio appt- 11-19-09

Transfer to CSC-11-18-09

Touch on 485/765- 11-19-09

Touch on 485/765- 11-20-09

Hard copy of transfer to CSC- 11-23-09

Touch on 485- 11-24-09 (now processing @ CSC email)

Touch on 485- 11-25-09

Touch on 485- 11-27-09

Touch on 485- 11-30-09

Touch on 485- 12-01-09

Touch on 485- 12-02-09

Touch on 485- 12-03-09

EAD/AP approved-12-18-09

EAD/AP touch- 12-21-09

GC APPROVED!!- 12-21-09

Notice mailed welcoming PR-12-21-09

2nd Card Production ordered email-12-22-09

Approval notice sent-12-28-09

GC arrived in the mail-01-05-10

Done with USCIS until September 14, 2011!!

ROC

Sent: 09-14-11

Received: 09-16-11

Check cashed: 09-21-11

y7nv8l5t.png

Reba Experienced

Reba   2

Posted
Filed: Other Timeline
Posted

If you are in the US on a specific visa, you're expempt from the 183 days rule. The rule is for visitors only.

Canadians are not part of the VWP, we're entirely different animals that they don't have a name for other than "Canadian visitors"

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

minnew Proficient

minnew   4

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
  • Author
Posted
If you are in the US on a specific visa, you're expempt from the 183 days rule. The rule is for visitors only.

Canadians are not part of the VWP, we're entirely different animals that they don't have a name for other than "Canadian visitors"

Thanks so much!

AOS

Sent- 10-21-09

Tracking says Delivered by USPS-10-23-09

Check cashed-10-30-09 (MSC case # on back)

NOA 1 date-10-29-09 (Received Date 10-23-09)

Hard copy NOA - 11-02-09

Touch- 11-03-09

Received bio appt letter-11-07-09(dated 11-03-09)

Bio appt- 11-19-09

Transfer to CSC-11-18-09

Touch on 485/765- 11-19-09

Touch on 485/765- 11-20-09

Hard copy of transfer to CSC- 11-23-09

Touch on 485- 11-24-09 (now processing @ CSC email)

Touch on 485- 11-25-09

Touch on 485- 11-27-09

Touch on 485- 11-30-09

Touch on 485- 12-01-09

Touch on 485- 12-02-09

Touch on 485- 12-03-09

EAD/AP approved-12-18-09

EAD/AP touch- 12-21-09

GC APPROVED!!- 12-21-09

Notice mailed welcoming PR-12-21-09

2nd Card Production ordered email-12-22-09

Approval notice sent-12-28-09

GC arrived in the mail-01-05-10

Done with USCIS until September 14, 2011!!

ROC

Sent: 09-14-11

Received: 09-16-11

Check cashed: 09-21-11

y7nv8l5t.png

 
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