Change of Circumstance

[Novella 3]

Hey Guys,

I have a question for any keeners out there who know their immigration stuff.

I am currently awaiting my NOA2 so I can move and be with my husband in Kentucky. We just filed at the end of October. The reason I went this route is because I needed the ability to work ASAP when I entered the states.

Well, recently my circumstances changed and it looks like I have a job. The job will be for a Canadian company, working from home.

Since I don't need my American SSN straight away, do you guys know of any options that would allow me to get to the USA more quickly?

I realize that there are options when you have an American employer and they become your sponsor, etc., But that's not the case here.

Canadian employer.

Any thoughts?

[YuAndDan 153]

You can always tele-commute while visiting. But yes CR-1 is the best for employment opportunities after entry to the USA

Moving this one to the Canada forum there will be better answers from this who frequent that forum.

[Tater&Bugger 3]

You can't get there more quickly... however you will need to pay income tax to both the US and Canada once you move there (I believe). Since you do work in Canada though you can prove ties and visit the US more easily while you wait (the long wait!) for your Visa.

Good luck - the immigration fun has just begun!

[Udella&Wiz 325]

Agreed - I don't think there is another VISA option which would be quicker - that is your question, correct? You could visit him for extended periods though (of up to 6 months) and telecommute but you're still going to need to prove ties while going through the VISA process. During that time you are just visiting and not a resident of the US so you do not need to pay US income tax then until you officially become a perm resident - if you continue to work for the Cdn employer then you have more complicated taxes to deal with.

Anyhoo - you would be banking on the border guard being in a happy mood the day you cross and allowing you in for a 6 month visit with your solid proof of ties -There are some Cdn VJ members who have been denied or given a shortened visit because the border guard didn't think the ties were enough. Everyone needs a back-up plan if they're denied entry and don't get that long visit they hoped for.

Good luck no matter what you decide.

[Hugglebuggles 60]

I'm not understanding the sudden urgency to get to the US. Can you not work for your Canadian employer at home in Canada? Is there some requirement you must be living in the US?

Unfortunately there isn't a faster route for you to take. All good things come to those who wait, right?

[Allie 5]

You can't get there more quickly... however you will need to pay income tax to both the US and Canada once you move there (I believe). Since you do work in Canada though you can prove ties and visit the US more easily while you wait (the long wait!) for your Visa.

Good luck - the immigration fun has just begun!

Unless things have changed the US and Canada have an income tax treaty with each other so that there is no double taxing on income made in either country while residing outside that country and earning income in the other.

Canada/US Tax Treaty

To resolve some of the complications its citizens create in moving back and forth, Canada and the US negotiated a Tax Treaty to prevent the double taxation of their citizens on the same income. As a result, the " Convention between the United States of America and Canada " (simply the Canada/US Tax Treaty) was negotiated and originally signed on September 26, 1980 . Since then, the Treaty has been revised four times - June 14, 1983 , March 28, 1984 , March 17, 1995 and July 29, 1997.

The Canada/US Tax Treaty "overrides" certain areas of the tax code in both Canada and the US to afford protection from, among other things, double taxation in both countries. An example may help. If you are residing in the US and you generate C$100 in Canadian interest from a bank account, Canada retains the right to tax this income as "Canadian source" income. However, as a US resident, you are required to declare your worldwide income on your US return, including the C$100 from Canada . Per the Canada/US Tax Treaty, the Revenue Agency takes a 10% withholding tax on the interest and the US taxes the interest at your ordinary income tax rate (assume 25% or U$25). In sum total, you have now paid more than C$35 (because of the US exchange rate on U$25) on C$100 of income (see detailed example in Foreign Tax Credit Planning section of this website). This is one of the issues the Canada/US Tax Treaty attempts to resolve. This requires a thorough understanding of the Treaty coupled with the experience in knowing how to apply it optimally to your unique situation.

Foreign Tax Credits - The IRS allows taxes paid to Canada as a foreign tax credit against that same income on the US return to avoid double taxation. For example, using our scenario above, you would take the C$10 you paid to Canada , convert it at the prevailing exchange rate and use it as a dollar-for-dollar tax credit on the US return. The Treaty allows you to take the taxes paid to Canada and use them against any tax liability that same income generates on the US return. See the Foreign Tax Credit Planning section of this website for more details

[Novella 3]

I'm not understanding the sudden urgency to get to the US. Can you not work for your Canadian employer at home in Canada? Is there some requirement you must be living in the US?

Unfortunately there isn't a faster route for you to take. All good things come to those who wait, right?

LOL You don't understand the sudden urgency? I'm in love with my husband and want to be with him as soon as possible =)

Yes, I have two work at home jobs now. Staying here isn't the problem. I was wondering if there were other routes where visas were quicker since I didn't require the ability to work straight away...

Many thanks to everyone who responded! Just thought I'd check!

[Canadiandggal 49]

LOL You don't understand the sudden urgency? I'm in love with my husband and want to be with him as soon as possible =)

Yes, I have two work at home jobs now. Staying here isn't the problem. I was wondering if there were other routes where visas were quicker since I didn't require the ability to work straight away...

Many thanks to everyone who responded! Just thought I'd check!

Hmm you are doing DCF? That is suppose to be a quicker process as it is. (although I have seen more then a few people wait just as long as the rest of us due to backlog at Montreal)

No other way for you to get there any faster... believe me if there was I would have been here a lot soon.

Unfortunately we all had to wait...damn immigration

[Hugglebuggles 60]

LOL You don't understand the sudden urgency? I'm in love with my husband and want to be with him as soon as possible =)

Yes, I have two work at home jobs now. Staying here isn't the problem. I was wondering if there were other routes where visas were quicker since I didn't require the ability to work straight away...

Many thanks to everyone who responded! Just thought I'd check!

You and everyone else darling!

But, I get your drift now. I was just trying to find the connection between the new job, and seeking faster options to get to the US. As you probably know already, the K-1 is faster, but since you are married it is obviously no longer an option. The CR-1 is basically your only choice at this point.

Best of luck on your journey!