Live in US, work in Canada?

[Blitz 3]

Hey everyone! I'm just curious....what if a USC lives in border town on the US side (i.e. Niagara Falls, NY) but works on the Canadian side.....can he/she still sponsor their Canadian citizen spouse to become a US permanent resident? I understand the USC's income would be considered foreign and not count toward the affadavit of support requirements, but if the USC has a joint-sponsor who meets the requirements and is domiciled (physically living) in the US and just traveling back and forth to Canada for work, would that be make it possible for the USC to sponsor his/her spouse? Or does domicile mean have to prove you are both living and working in the US? I guess that opens up a complex issue of taxes, etc.

I hope I'm not making the question more confusing than it is!

This doesn't even apply to me, but I have a friend who was asking me about it.

[trailmix 77]

It is too late at night for this question

[Dakine10 5,452]

I understand the USC's income would be considered foreign and not count toward the affadavit of support requirements

There is no such requirement. The USC can include any and all income and assets as long as they can prove they exist.

They would use copies of paychecks and a letter from the employer that the employment is expected to continue. All amounts should be converted to USD for form I-864.

The only time income has to be US based is if you are using form I-864EZ.

And it's been a while since I did cross border taxes, but I'm not sure this would even count as foreign income for tax purposes. Taxes are based on residence so this person would probably be filing a 1040 and reporting the income and getting credit for taxes paid to Canada. Hopefully someone who's more knowledgeable on this can correct or confirm this.

Edited January 18, 2010 by Dakine10

[CDAgirlMI 51]

I don't know the answer, but I can't see why they couldn't do it.

[trailmix 77]

Hey everyone! I'm just curious....what if a USC lives in border town on the US side (i.e. Niagara Falls, NY) but works on the Canadian side.....can he/she still sponsor their Canadian citizen spouse to become a US permanent resident? I understand the USC's income would be considered foreign and not count toward the affadavit of support requirements, but if the USC has a joint-sponsor who meets the requirements and is domiciled (physically living) in the US and just traveling back and forth to Canada for work, would that be make it possible for the USC to sponsor his/her spouse? Or does domicile mean have to prove you are both living and working in the US? I guess that opens up a complex issue of taxes, etc.

I hope I'm not making the question more confusing than it is!

This doesn't even apply to me, but I have a friend who was asking me about it.

Hi Blitz,

Well, the first part i'm a bit confused about. You mention this couple, he lives in NY but works in Canada, then you mention a possible cosponsor, who basically has the same scenario - ie: lives in the U.S., works in Canada - so they have the same situation, if sponsor A. was disqualified for this, cosponsor B would be as well.

However, that shouldn't be the case. There is nothing wrong with the guy (the main sponsor) earning Canadian dollars. The only time this would be an issue is if he was actually living in Canada as well and the income would not continue once he moved back to the U.S.

So, domicile does not mean you are working in the U.S. - it means you are living there - and from the little you have said, that seems to be the case here.

As for taxes, well, it's a bit more complicated but nothing too horrible, he would have to file both a Canadian and U.S. return.

[Blitz 3]

Hi Blitz,

Well, the first part i'm a bit confused about. You mention this couple, he lives in NY but works in Canada, then you mention a possible cosponsor, who basically has the same scenario - ie: lives in the U.S., works in Canada - so they have the same situation, if sponsor A. was disqualified for this, cosponsor B would be as well.

However, that shouldn't be the case. There is nothing wrong with the guy (the main sponsor) earning Canadian dollars. The only time this would be an issue is if he was actually living in Canada as well and the income would not continue once he moved back to the U.S.

So, domicile does not mean you are working in the U.S. - it means you are living there - and from the little you have said, that seems to be the case here.

As for taxes, well, it's a bit more complicated but nothing too horrible, he would have to file both a Canadian and U.S. return.

Thanks! Yeah, sorry, the whole question was confusing. The co-sponsor would be both living and working in the US. So even if the USC spouse/sponsor works in Canada, they would just have to prove that he's living in NY?

[trailmix 77]

Thanks! Yeah, sorry, the whole question was confusing. The co-sponsor would be both living and working in the US. So even if the USC spouse/sponsor works in Canada, they would just have to prove that he's living in NY?

Oh ok

And yes, even if they work in Canada they would just need to prove he's living in NY. The guidelines say where the person's 'principal residence' is.

Edited January 18, 2010 by trailmix