Need advice for a specific situation :)

[mrpsmith 0]

Hello everyone,

This is my first post on these forums. First let me explain my situation. My girlfriend and I have been dating for over 5 years. I live in Canada and my girlfriend lives in the US. What we would like to do is get married first; probably in Canada. After, we plan on buying a house and living together in the US. I currently have a full-time job in Canada and would like to keep this job. My girlfriend works in the US. From what I have read it seems the K-3 Spouse Visa is the fastest route to take to achieve our goal, but I'm wondering if there is faster or simpler method anyone else has found who was/is a similar situation. I would still like to work in Canada and I am wondering if there is any other forms or anything that have to be filled out to achieve this. If I work in Canada, do I get taxed more or anything because I live in the US? Also, I would like to have dual-citizenship (Canada-US). I am wondering if anything else needs to be done to obtain this, or would this be implied if I got the K-3 Visa? Just wondering if anyone has any useful suggestions or different routes to take. Thank you so much in advance, I apologize if I missed any information after browsing this site that was easily obtainable.

- Michael

[canadian_wife 1,822]

Skip the K-3 and file the I-130 and go for the CR-1. It will allow you to get legal residency immediately and you can skip adjustment of status. You can file as soon as you get your marriage certificate once you are married.

Take a look at the guides to help you with the filing process.

Do you intend to live in a border town and commute back and forth to Canada?

[trailmix 77]

From what I have read it seems the K-3 Spouse Visa is the fastest route to take to achieve our goal, but I'm wondering if there is faster or simpler method anyone else has found who was/is a similar situation.

The difference in time taken to process a K3 vs a CR1 is negligible. As canadianwife mentioned - you are better off applying for a CR1, after you are married.

That said, all CR1 visa interviews take place in Montreal. If not being eligible to work right away in the U.S. is not an issue (and it appears it is not) and having to adjust status after you arrive in the U.S. (read: more paperwork, more money) and travelling to Montreal is a hassle for you then you may want to consider the K3. You can then interview in Vancouver (if you live in Western Canada).

I would still like to work in Canada and I am wondering if there is any other forms or anything that have to be filled out to achieve this. If I work in Canada, do I get taxed more or anything because I live in the US?

You won't necessarily be taxed more, the two countries do have a tax treaty. It depends on how much you make, if it is over around the 88 thousand U.S. per year mark, then yes, you may be taxed in both countries (for amounts over this). This is a very basic answer to a tax question - just to give you an idea.

Also, I would like to have dual-citizenship (Canada-US). I am wondering if anything else needs to be done to obtain this, or would this be implied if I got the K-3 Visa? Just wondering if anyone has any useful suggestions or different routes to take. Thank you so much in advance, I apologize if I missed any information after browsing this site that was easily obtainable.

It is not implied, regardless of which visa you choose. You can apply for U.S. citizenship after you have been a permanent resident for 3 years.

Oh and Welcome! Might want to visit the VJ - Canada forum as well

Edited May 13, 2009 by trailmix

[mrpsmith 0]

Do you intend to live in a border town and commute back and forth to Canada?

That is exactly right. The border would be like 5 minutes away. The total commute is maybe 25 minutes. Thank you for the replies so far; they are incredibly helpful.

[Reba 2]

You may want to consult with a cross border tax accountant before you decide to keep your Canadian job. As a US permanent resident and married to a US citzen who will still be living and working in the US, your dual taxes will be rather difficult to figure out on your own. You would still have to file your taxes as married in the US, and as a permanent resident but not paying US income taxes. Canadian taxes would have to be done because you're paid in Canada and having Canadian taxes withdrawn from your paycheques.

H&R Block definitely won't know what to do with you.