DCF or CR1 Domicle

[Tracy 0]

Hi all,

My husband and I are just starting and trying to find the best process for us.

I'm the USC and my hubby in the Canadian. I'm a PR of Canada for over 2 years now. We both live in Canada. Do we choose...

DCF filing. Problem here is domicile. I have not lived in the US for over 3 years and have no US income nor would I have any when we move to the US. We do own a house in Canada. I can use my parents as co-sponser and their address as that is where we would be moving in with until we could get on our feet.

CR1 filing-I could leave Canada go back to US and get a job and then file for my hubby knowing we would be apart for some time.

Any suggestions or comments would be helpful. Just want to do this the best way so we can get approved

[meauxna 15]

Hi all,

My husband and I are just starting and trying to find the best process for us.

I'm the USC and my hubby in the Canadian. I'm a PR of Canada for over 2 years now. We both live in Canada. Do we choose...

DCF filing. Problem here is domicile. I have not lived in the US for over 3 years and have no US income nor would I have any when we move to the US. We do own a house in Canada. I can use my parents as co-sponser and their address as that is where we would be moving in with until we could get on our feet.

CR1 filing-I could leave Canada go back to US and get a job and then file for my hubby knowing we would be apart for some time.

Any suggestions or comments would be helpful. Just want to do this the best way so we can get approved

Have you reviewed the instructions on the I-864? Can you comply with their description of domicile there?

You do not have to be "living" in the US to have domicile there.

Also remember the steps involved and what gets submitted when. The filing of the i-130 (locally in a DCF case) does not require US domicile or the I-864.

[Tracy 0]

No i don't under the I864 qualify for domicile.

So I guess what i could do is go to Calgary counsel and file my I-130 and get approved and then go to the US before my hubby get a job so by the time he is contacted by Montreal I would have domicile?

[meauxna 15]

Income that will be ongoing once in the US and domicile are two different things. There are several links about domicile at the bottom of the DCF Guide (blue tabs, top of the page).

But your plan also makes sense.

[Married_my_love 0]

No i don't under the I864 qualify for domicile.

So I guess what i could do is go to Calgary counsel and file my I-130 and get approved and then go to the US before my hubby get a job so by the time he is contacted by Montreal I would have domicile?

Per the instructions that came with our latest package:

"At the time of your interview the petitioner must be domiciled, or about to move to the United States with you, in order for your visa to be approved"

So I believe you could potentially get all the way to interview stage and then go to the US and get job, establish bank accounts, etc.

How can a petitioner establish a domicile?

When a sponsor has clearly not maintained a domicile in the United States, he/she will need to re-establish a U.S. domicile in order for him/her to be a sponsor. The sponsor may make a number of steps to show that he/she considers the United States his/her principal place of residence. Examples of things he/she can do are given below:

* Find a job in the United States

* Locate a place to live in the United States

* Register children in U.S. schools

* Make arrangements to give up (relinquish) residence abroad

* Other evidence of a U.S. residence

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsored immigrant may not enter the United States before the sponsor returns to the United States to live. The sponsored immigrant must travel with the sponsor or after the sponsor has entered the United States.

Edited August 27, 2006 by Married_my_love

[Tracy 0]

Thanks for the info. Seems for us me going back a couple of months before the interview would be good. I could find a job and get some things setteled. I wonder since we will be living with my parents for a bit if they draw up a lease that we will be renting from them half their place that would fly. I could have a job. I could list my house for sale prior to the interview. My husband could more than likely have a job offer at the time of interview as he is a truck driver and jobs are a dime a dozen in the states right now.

I have been reading so much on this my head hurts! I thought Canadian immigration was going to give me a stroke this may finish me off!

[laura428 0]

We're in a similar situation. I've been a landed immigrant in Canada for over five years, so obviously have not maintained domicile in the States. However, we chose to file DCF. After speaking with Montreal over the phone, I was told that the steps we're taking to establish domicile should be sufficient:

1) Listing our house with a realtor before the interview.

2) Bringing letters of employment from US employers, showing intent to work within US borders.

My husband's interview is a week from Friday... I'll be able to tell you for sure then if it was enough! By the way, a friend of mine just did the same thing. They were both resident in Canada... had the interview a few weeks ago. The officer didn't even ask about domicile or financials (?!?!?!?)... said it was a cakewalk. I can only hope that my husband gets the same officer!

Also... on the financial end of things... I'm a stay at home mom, so have no income, US or otherwise, for the I-864. We're using assets in lieu of income, plus have joint sponsors as backup. Just thought this might be an option for you, too. Your husband's job, and income (US or otherwise), may or may not matter, depending on the officer you get.

Edited August 29, 2006 by laura428

[Tracy 0]

Hi thanks for the info and good luck at the interview next week. I can't wait to see how it goes for you so I know more. I already have a co-sponser in my parents so that is already taken care of We don't have many assets so that is why i'm thinking job. I know my hubby will have job offers by the time of interview because of his job field. So now its just making the big trip to Calgary for us to get the ball rolling.

[Jersey Girl 2]

Tracy, I'm a U.S. citizen who lived in Canada for decades and became a Canadian citizen. When I decided to move back to the States, I sold my house in Toronto. After being in Jersey several months, I accepted a marriage proposal from my Canadian boyfriend. He's in Toronto now, waiting for Package 3.

As an American, I've always been obliged to file tax returns in both countries. You know about this, right? So it was a surprise to find that I still have to file in Canada simply because my husband lives there! The other surprise was that my RRSP will shrink to roughly 1/3 its size after it's taxed on both sides of the border.

There are tax implications for Americans returning from Canada and I hope you can sell your house and cut ties without getting wacked too hard!

[zyggy 9]

Tracy, I'm a U.S. citizen who lived in Canada for decades and became a Canadian citizen. When I decided to move back to the States, I sold my house in Toronto. After being in Jersey several months, I accepted a marriage proposal from my Canadian boyfriend. He's in Toronto now, waiting for Package 3.

As an American, I've always been obliged to file tax returns in both countries. You know about this, right? So it was a surprise to find that I still have to file in Canada simply because my husband lives there! The other surprise was that my RRSP will shrink to roughly 1/3 its size after it's taxed on both sides of the border.

There are tax implications for Americans returning from Canada and I hope you can sell your house and cut ties without getting wacked too hard!

Jersey Girl..

1) You do not have to liquidate your RRSP when you enter the US... You can just keep it there and let it continue to grow without paying a cent of US taxes. There is an IRS form where you report the amount that you have in the account each year.. you will be taxed on it when you eventually withdraw it.

There are lots of people on here who still have their RRSP's and haven't touched them when they immigrated to the US...

2) You cannot be taxed twice on the same income. The US Canada tax treaty does not allow that...

Edited August 29, 2006 by zyggy

[laura428 0]

1) You do not have to liquidate your RRSP when you enter the US... You can just keep it there and let it continue to grow without paying a cent of US taxes. There is an IRS form where you report the amount that you have in the account each year.. you will be taxed on it when you eventually withdraw it.

There are lots of people on here who still have their RRSP's and haven't touched them when they immigrated to the US...

Phew - thx for clarifying. I just about had a heart attack, there!

[Flames9_RN 358]

Regarding RRSP's (there was a topic long back on here) You have to inform your financial institution that your to be treated as a Non resident of canada. They will then send you as W9 form to fill out and mail back to them. I just recently took mine out, they weren't making diddly in Canada, and once your a non resident, your not allowed to transfer the RRSP's around. Right off the bat they took 25% off. There are ways to get some of that $$$ back. Good site for RRSP and other matters:

http://forums.serbinski.com/index.php?sid=...9e0066bcbee3f79

Scott

Edited August 29, 2006 by flames9

[Jersey Girl 2]

Thank, zyggy and flames9. My RRSP is self-directed and with E*Trade Canada. They steadfastly refuse to deal with anyone with a U.S. address for compliance reasons. If I leave it in Canada I'll have to move it.

If I withdraw funds, here's what happens, according to Mark Serbinski himself:

There's a graduated withholding tax of 25% on the first bit that easily becomes 30%. It's just a downpayment until tax time. If I withdraw enough to push myself into the 46% tax bracket, that's what I'll owe RevCan.

Next, the sum is reduced by the currency exchange.

Next, E*Trade issues a tax form and the withdrawal is considered income by Uncle Sam. I thought there was no double taxation but Mark informs me otherwise. It's considered investment income that's taxed at the highest rate. The foreign tax credit doesn't seem to apply.

Then, I get hit with New Jersey tax, another 6%.

A lifetime of savings and investing is ruined, so I might just leave it there.

Edited August 29, 2006 by Jersey Girl

[Tracy 0]

Yes i have filed US taxes every year even if i filed a zero when i wasn't working. I have no RRSP or anything and the money we get from the sale of our house will remain in Canada in our bank here. I'm not a Canadian citizen so i won't have to file taxes forever in Canada thankfully but I know my husband has to. We won't make much on the sale of our house because it hasn't been that long since we bought it. We might make $5000.

[Flames9_RN 358]

I decided to take mine out now since it wasnt making any $$ and right now I'm just a student with no income.