She wants to return to Canada!!!

[neiks 19]

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.

Yes, there is a tax treaty in place that will cover "Federal" taxation. Probably, Canadian derived income will be taxed by Canada and due to the federal tax treaty that person will not pay US federal tax on it. BUT!!!!...... State income tax is different. States do not have to follow the federal tax treaty and may tax foreign income. A person would have to check with their state. In ND where I live I have to pay the state income tax on my foreign income.

[brockt 0]

Thanks for all the replys guys....so as I stated we are in the process of getting all the paperwork together and funds for the AOS....so if I were to send it off and she got AP she can get a NEX pass and still work in Canada?..um I didnt think it was possible as she came on a K1 visa...im confused and as we reside in Michigan she would be taxed in Canada and michigan on the Canadaian income?!...im not sure if it is going to be worth as factoring in the gas money and border toll wow that would add up!!!....but I did read your comments to her and it mite be an option but how long does it take for AP to get???

And on the paperwork for the AP do we put multiple visits for Canadian employment are they not going to question that?!! I did not know you could still work in Canada???

Thanks again you guys are awesome

Edited February 1, 2010 by brockt

[TimandJoyce 1]

Thanks for all the replys guys....so as I stated we are in the process of getting all the paperwork together and funds for the AOS....so if I were to send it off and she got AP she can get a NEX pass and still work in Canada?..um I didnt think it was possible as she came on a K1 visa...im confused and as we reside in Michigan she would be taxed in Canada and michigan on the Canadaian income?!...im not sure if it is going to be worth as factoring in the gas money and border toll wow that would add up!!!....but I did read your comments to her and it mite be an option but how long does it take for AP to get???

And on the paperwork for the AP do we put multiple visits for Canadian employment are they not going to question that?!! I did not know you could still work in Canada???

Thanks again you guys are awesome

Brock, as far as the AP goes, once you send all the paperwork, it could take up to 90 days. ( They always give you the maximum timeline) However, some people got it in much less time than that. Maybe a little over 2 months. Mine would have come quicker but we got an RFE which only held the process up by about a month.

[brockt 0]

I have a question are we able to file for the AP alone before sending the AOS documents...has anyone done this ? is so can they please let me know the process

[TimandJoyce 1]

I have a question are we able to file for the AP alone before sending the AOS documents...has anyone done this ? is so can they please let me know the process

I don't think you can. AP and EAD are only approved, only good for a year, because of an AOS pending. They really don't take long to get approved. But the key is to hurry and get those papers off.

[warlord 73]

I would definatly suggest her staying there and commuting to Canada to work each day. Otherwise as was said earlier, you would then have to start from scratch and re-import your wife if she ever decided to want to move back to the US which could take some time and separation during the process.

Another good thing is you are so early in the process if you both decided to move to Canada. Having a Green Card would be the biggest lost she would have faced if you were further down the road since she would have abandoned her Green Card status. So if you had to move to Canada, this would be probably the best time to do so, and just would forfeit all the AOS that you spent the money on.

But yeah, if she can just work there and live in the US that would be the best outcome for you...

[brockt 0]

I don't think you can. AP and EAD are only approved, only good for a year, because of an AOS pending. They really don't take long to get approved. But the key is to hurry and get those papers off.

Ok I am confused...if the AP is approved but only valid for one year how would she get her GC? Would she need work visa for Canada? I say this as the requirements for establishing residency in the US is that not considered being out of the US?! so does it jeopordize US status...so she would need nexx pass how much are they? Is there a frquent toll plan lol ....does anyone know any forum members who commute from Michigan to Canada PLEASE contact me as I have lots of questions

[Krikit 1,165]

The AP can only be applied for with the AOS. (You can also apply for it after the AOS but that point is moot to this discussion.) It specifically states that it is for emergent personal or bona fide business reasons. Having a Nexus pass will not override her obligation to be processed into the US each and every time she crosses. Meaning she must go through secondary processing and get readmitted. Depending upon the POE.... and it sounds like it might be Detroit?..... this can be a very lengthy process.

Another option is for her to stay on the Canadian side (once she has the AP) and visit periodically until she gets her GC. Once she has that she can return to the US, apply for the Nexus card, and cross with minimal difficulty.

[Krikit 1,165]

I have no idea how the exclamation mark in the Re-entry link got there but I cannot remove it. I assume it is because I have copied and pasted a response to a PM. Anywhooo....

Hello I read your post but have questions...if she is to stay on Canadian side are the border guys not going to take her GC away? I thought you have to establish residency if she is living in Canada but visiting US will she not get bigger hasle and possibly lose her GC? Also if she is paying taxes in Canada and working there is she still entitled to her helthcare? That is one plus to this

Thanks

Let me give you an example. A few months after I moved here I had not applied for AP so I could not reenter the US if I left the country. My mother had a medical emergency and I obtained an emergency AP, then went back to Canada for a few months to take care of her. It had no impact whatsoever on the GC because I had not abandoned my residency. (Abandoning your residency would be things like leaving the country without having obtained an AP; leaving for a year without applying for a reentry permit.) Try to look at it in the same light. Your wife is not abandoning her residency. She is returning to Canada for a temporary period of time. Here are a couple of links to shed some light on the matter:

Advance Parole

Re-entry Following an Extended Absence!

Also if she is paying taxes in Canada and working there is she still entitled to her helthcare? That is one plus to this

You must be a resident of Canada in order to obtain healthcare. Since she is a resident of the US that benefit is no longer available to her. She cannot claim residency on both sides. It is either one or the other. Canadian residency gets her healthcare but she abandons her US residency. US residency gets her her GC but she abandons Canadian healthcare.

[trailmix 77]

Ok I am confused...if the AP is approved but only valid for one year how would she get her GC? Would she need work visa for Canada? I say this as the requirements for establishing residency in the US is that not considered being out of the US?! so does it jeopordize US status...so she would need nexx pass how much are they? Is there a frquent toll plan lol ....does anyone know any forum members who commute from Michigan to Canada PLEASE contact me as I have lots of questions

Krikit brings up a good point, AP is not going to solve your problem here, at least not in the short term, for the plan you are thinking of (ie: zipping across the border to work each day right now).

She absolutely does not need a work visa to work in Canada - she is still a Canadian. When you are talking about 'residency' in the U.S. - that does not mean she has to work there during the day. As Neiks mentioned above, she works in Canada every day.

Once your wife has her green card, that is a different story than the AP. She is able to come and go freely from the U.S. - that doesn't mean she could leave the U.S. for years (as in live in another country) and still maintain her U.S. permanent residency, but it does mean she could commute for work.

This is the way it works:

Apply for AOS, AP and EAD all at the same time >>>> once AP is approved she can leave the U.S. >>>> once AOS is approved she will get her 2 year greencard.

If she wants to leave like this week this is not going to be a solution, as someone mentioned it can take up to 3 months to receive the AP.

[lilacvioletiris 11]

Nexus card is supposed to mean "trusted traveler". Last night at Port Huron the NEXUS lane had 2 border guards, one that opened all my luggage and examined it for contraband, and one who "talked to me". They found a ziplock bag of allergy meds that I had taken out of an almost empty bottle, and I got "harassed" about it. Thankfully I still had a bottle in my purse, otherwise I would have gotten secondary inspection. Totally unexpected.

I prefer going into Canada. They just look at me and smile and wave!

[Krikit 1,165]

Nexus card is supposed to mean "trusted traveler". Last night at Port Huron the NEXUS lane had 2 border guards, one that opened all my luggage and examined it for contraband, and one who "talked to me". They found a ziplock bag of allergy meds that I had taken out of an almost empty bottle, and I got "harassed" about it. Thankfully I still had a bottle in my purse, otherwise I would have gotten secondary inspection. Totally unexpected.

You know, I have periodically thought of that happening to me..... that they will perform a search and find OTC drugs which are no longer in their original containers (because I like to travel light. lol) I always check the products to see if they have their product name stamped into it somewhere. LOL

[brockt 0]

But say she visits on the weekends are the border people not going to harass her and I thought for the next step the ROC for the GC you have to show proof etc for residency...I understand she would not be staying in Canada as long as its not for over 1 year and that is not giving up her GC but does that not look wrong in USCIS and border peoples eyes? I just dont want her getting hassled every time she crosses

[trailmix 77]

But say she visits on the weekends are the border people not going to harass her and I thought for the next step the ROC for the GC you have to show proof etc for residency...I understand she would not be staying in Canada as long as its not for over 1 year and that is not giving up her GC but does that not look wrong in USCIS and border peoples eyes? I just dont want her getting hassled every time she crosses

Ok now i'm confused. We have jumped from her working in Canada and coming HOME to the U.S. every night - to only visiting the U.S. on weekends? No, that won't fly.

[Krikit 1,165]

But say she visits on the weekends are the border people not going to harass her and I thought for the next step the ROC for the GC you have to show proof etc for residency...I understand she would not be staying in Canada as long as its not for over 1 year and that is not giving up her GC but does that not look wrong in USCIS and border peoples eyes? I just dont want her getting hassled every time she crosses

It's for a temporary period. She will have proof of residency for the ROC after two years of residency. Let's say this another way. I telecommuted to my old employer in Canada for a couple of years. Periodically, I would return there for business reasons..... both before and after I received my GC. Not once did I have a problem with re-entry. You are allowed to work outside the country..... reference back to the statement on the AP: ".... for bonafide business reasons."

She will get "hassled" at the POE. It's their job. There is no way around it. Everyone goes through it no matter what their reasons are for leaving the US. As long as everything is legal and above-board, they will let her re-enter. End of story.