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Taxes - Canadian Citizen/Resident Separated from Non-Res American Spouse

By Yellowhead in Canada

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Yellowhead   12

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I am a Canadian citizen and I was married to an American citizen until Feb 4, 2013 when we separated. I worked in the US for a month then returned to Canada. I have been working in Canada since Feb 2013 and he has been working in the USA. He has never lived in Canada.

He filed our US taxes jointly for my income for Jan 2013 only, and I am now filing my taxes in Canada, however I am confused with how to file given our situation, I am unsure whether I need to file as married, separated or single on my taxes, as he has already claimed our US income on his taxes and it shouldn't be doubly taxed through CRA. I also don't want his yearly income affecting my return as we are no longer together and were not for most of last year. When I file separated or married, it asks for his Net Income and his date of birth.

I am also unsure whether I need to include my US income as it has already been taxed in the US and accounted for on the US forms when he filed jointly. Just VERY confused. I contacted CRA and HR Block in Canada but nobody has a clear answer on this. Please help!!!

06-15?-2009: Starting talking on dating website
07-06-2009: Met in person in Roseville, CA
09-09-2010: Sent I-129f to TXS Lockbox
09-13-2010: NOA1 received
02-02-2011: NOA2 Notification Sent - Approved!!!
02-04-2011: NVC Received
02-09-2011: NVS sent to Vancouver consulate
02-14-2011: Received by Vancouver Consulate
02-15-2011: Packet 3 sent by Vancouver Consulate
02-18-2011: Packet 3 received
02-18-2011: Packet 3 sent back to consulate
02-19-2011: Interview date received!!! Letter on its way!
03-23-2011: Medical at Woking Clinic, Vancouver BC (AM)
03-23-2011: Interview at Vancouver Consulate (PM)
03-23-2011: APPROVED for K-1 Visa!!!! biggrin.png
04-27-2011: POE
05-03-2011: Sent AOS, AP applications
05-06-2011: NOA1 received for AOS and AP
05-06-2011: Applied for SSN. Application successful
05-09-2011: Received SSN by visiting local card center
05-10-2011: Biometrics appointment notice, June 1, 2011.
05-13-2011: Received SSN Card in Mail
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09-16-2011: EAD approved
09-26-2011: AOS Interview in Sacramento
09-26-2011: Green Card (2 yr conditional) granted

02-03-2013: Separated - Return to Canada

Flames9_RN Grand Master

Flames9_RN   358

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

free forum here--best to post there: http://forums.serbinski.com/viewforum.php?f=2

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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