She wants to return to Canada!!!

[brockt 0]

My wife who is Canadian, she came to US on K1 we married in Dec and are getting all paperwork for AOS now wants to return to Canada....the economy is poor in the US rite now I lost my job and she had a good job back in Canada. She can get the job back but will she be able to visit the states? I cannot find work and it is putting a big strain on the relationship...buy what are the consequences ????

[Hugglebuggles 60]

Sorry to hear things have been tough for you and your wife in the US.

She can return to Canada, no problems there. She is allowed to visit you in the US, up to 6 months at a time, but she will need to be armed with evidence of strong ties to Canada when she does. Since she has a spouse in the US there will be a greater burden on her to prove her intentions, but it is very possible to do if you are educated and prepared. People on VJ with American spouses do it all the time.

If and when your wife decides to return to the US, you can apply for a CR-1 spousal visa for her. She would have work authorization immediately upon entry, which would hopefully help alleviate some of the financial tensions.

Another option would be for you to immigrate to Canada. I'm not sure if this is something you have discussed or an option you would like to investigate further, but as her spouse you could do an inbound immigration application meaning you would not be separated. Just a thought.

Good luck!

Edited January 31, 2010 by Hugglebuggles

[trailmix 77]

My wife who is Canadian, she came to US on K1 we married in Dec and are getting all paperwork for AOS now wants to return to Canada....the economy is poor in the US rite now I lost my job and she had a good job back in Canada. She can get the job back but will she be able to visit the states? I cannot find work and it is putting a big strain on the relationship...buy what are the consequences ????

The consequence is that when she moves back you will have to start all over with U.S. immigration, if you decide you both want to live in the U.S. But, maybe that's not such a bad thing really?

[Wyatt's Torch 45]

Hmm...got married last month and she wants to move back to Canada already? To me, it sounds like she might be better served by sticking it out for a couple more months down there. It's hard to say, I guess. I just think that three months or less is too short of a time to decide "this isn't for us"...since it IS a mutual decision, or at least, should be.

Are your job prospects bleak right now? If so, then perhaps, as was mentioned earlier, it might be better for you to move to Canada. Not that the economy up here is much better...

It ultimately comes down to a decision between the two of you. No matter what you decide there's going to be some paper shuffling for it all to work out.

Good luck to you though.

[MrsCat 6]

Sorry Brock, sounds like a tough time for the first few months together.

This will probably sound like total MrsObvious, but looks like you're in Michigan, is there any way for her to commute across the border to her old job and still live in the US? My mom lived for a time in Windsor and worked in Detroit is all. . .

[Wyatt's Torch 45]

Sorry Brock, sounds like a tough time for the first few months together.

This will probably sound like total MrsObvious, but looks like you're in Michigan, is there any way for her to commute across the border to her old job and still live in the US? My mom lived for a time in Windsor and worked in Detroit is all. . .

That crossed my mind as well, MrsCat. If the OP lives anywhere near the border, that could be a good option. A Nexus pass makes it easy and convenient to commute back and forth across the border, and the only real downside to working in Canada while living in the U.S. is that there is a higher likelihood that you'll have to pay taxes in both countries.

So yes, if that's an option, Brock, it's definitely worth looking into!

[CDAgirlMI 51]

That crossed my mind as well, MrsCat. If the OP lives anywhere near the border, that could be a good option. A Nexus pass makes it easy and convenient to commute back and forth across the border, and the only real downside to working in Canada while living in the U.S. is that there is a higher likelihood that you'll have to pay taxes in both countries.

So yes, if that's an option, Brock, it's definitely worth looking into!

for the Nexus pass. I loved mine.

But when I looked into staying with my job in the Windsor-area & living in Michigan, it wasn't really worth it, cause I would be paying taxes to both countries....um, NO!

The OP said "getting all paperwork for AOS" & "will she be able to visit the states?". If she came in on a K1, got married & haven't filed for AOS yet, is she able to visit? She doesn't have AP, so how would she get back in the U.S?

[truckerbob 0]

and the only real downside to working in Canada while living in the U.S. is that there is a higher likelihood that you'll have to pay taxes in both countries.

I do believe that there is a tax treaty preventing the paying of taxes on both sides of the border. I think they would only pay tax to the U.S. as that is where they would be living. Must be someone on this board that would know for sure.

[Wyatt's Torch 45]

The OP said "getting all paperwork for AOS" & "will she be able to visit the states?". If she came in on a K1, got married & haven't filed for AOS yet, is she able to visit? She doesn't have AP, so how would she get back in the U.S?

That's a very good point.

[Wyatt's Torch 45]

I do believe that there is a tax treaty preventing the paying of taxes on both sides of the border. I think they would only pay tax to the U.S. as that is where they would be living. Must be someone on this board that would know for sure.

Well, it comes down to residency requirements. Having a job in Canada is a major sign of "residency" in Canada, regardless of where one lives. Likewise, having PR status and a home in the U.S. is a major sign of "residency" in America, regardless of where one works. Reconciling the two can be very tricky. I believe Trailmix commented at length awhile ago on residency issues vis-a-vis taxes in each country. Maybe she'll chip in here too...

[Flames9_RN 358]

Well, it comes down to residency requirements. Having a job in Canada is a major sign of "residency" in Canada, regardless of where one lives. Likewise, having PR status and a home in the U.S. is a major sign of "residency" in America, regardless of where one works. Reconciling the two can be very tricky. I believe Trailmix commented at length awhile ago on residency issues vis-a-vis taxes in each country. Maybe she'll chip in here too...

there is a few members that live in the USA, and still commute every day to Canada to work! One is even a Border guard in Canada!!

[Krikit 1,165]

Nah. I have an income from Canada while living in the US. It's a hassle having to file taxes in both countries, but there is a tax treaty.

[TimandJoyce 1]

The OP said "getting all paperwork for AOS" & "will she be able to visit the states?". If she came in on a K1, got married & haven't filed for AOS yet, is she able to visit? She doesn't have AP, so how would she get back in the U.S?

This crossed my mind too, as I'm unsure as to where exactly they are in the paperwork scheme of things. If she went back now, does she just forfeit the AOS, and can she return as a visitor only? I'm quite naive in this part of the immigration status. And if she didn't have AP as of yet, she wouldn't be able to work in Canada yet and return.

Guess we need to know whether the paperwork for AOS has been sent off.

[trailmix 77]

This crossed my mind too, as I'm unsure as to where exactly they are in the paperwork scheme of things. If she went back now, does she just forfeit the AOS, and can she return as a visitor only? I'm quite naive in this part of the immigration status. And if she didn't have AP as of yet, she wouldn't be able to work in Canada yet and return.

Guess we need to know whether the paperwork for AOS has been sent off.

Sounded to me like they were just in the process of getting their paperwork together for AOS.

If they haven't filed yet, if she doesn't have AP, yes, it is forfeited.

She could then return to the U.S. for a visit in the future. As for the working in Canada but living in the U.S. - I believe what people were saying is that if she stayed and completed her AOS it would be an option at that point.

[Wyatt's Torch 45]

As for the working in Canada but living in the U.S. - I believe what people were saying is that if she stayed and completed her AOS it would be an option at that point.

Yep...that's what *I* meant at least.