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

Looking for someone with some experience in this area. It's my first time filing taxes in the US and it's going to be confusing. I moved to the US in June 2014, and have the following to declare for taxes:

Canada:

Income from my old job

Income from WSIB (worker's comp)

Income from Employment Insurance

Spousal support payments to my ex in Canada

USA:

Income from 3 different jobs

Will I need to claim my Canadian income on my US return, though it was earned prior to my moving here? Will I need to claim my US income on my Canadian return, though it was after moving away? The EI payments went into my Canadian account and, for the most part, stayed there to pay residual Canadian bills, though I was living here; where do those get claimed? Or do I just enter all my Canadian income on my Canadian return, US income on my US return and be done with it?

Thanks!

07/05/13 Married smile.png
USCIS:

07/08/13 I-130 sent
07/09/13 NOA 1
01/02/14 Case Transferred to NSC
01/17/14 Requested Expedite
01/21/14 Expedite approved
01/29/14 NOA 2
01/30/14 I-130 sent to NVC
NVC:

02/11/14 Case received at NVC

02/25/14 Received NVC Case#

02/25/14 Return completed DS-261 (DS-3032)

02/25/14 Received DS-3032 / I-864 Bill

02/25/14 Pay I-864 Bill

02/25/14 Receive I-864 Package

02/26/14 Return I-864 Package

03/12/14 Receive IV Bill

03/13/14 NVC received I-864
03/14/14 Pay IV Bill

03/19/14 Receive Instruction Package

03/19/14 Submitted DS-260

04/10/14 Case Completed at NVC

04/15/14 Interview scheduled (05/30/14)

04/17/14 Date Rec Appointment Letter (Pkt 4)

05/30/14 Interview - APPROVED!

06/04/14 Date IR-1/CR-1 Visa Received

06/04/14 Paid USCIS ELIS Immigrant Fee

06/11/14 Date of US Entry

08/30/14 Received Green Card in mail

LIFTING CONDITIONS:

04/30/16 I-751 sent

05/02/16 ROC packet received at California Service Center

05/02/16 NOA1 (Received 05/13/16)

02/15/17 Case completed - APPROVED

00/00/00 Received Green Card in mail

May 2016 I-751 Filers Spreadsheet

https://docs.google.com/spreadsheets/d/1K2JoU_2yXD0QBBqRoM6_auTa52wY1gcMiM0YFhs6cYQ/edit?pref=2&pli=1#gid=0

Filed: Citizen (apr) Country: Canada
Timeline
Posted

You may want to go ask in the oft recommended Serbinski tax forum - he can help and give accurate advice for free

Wiz(USC) and Udella(Cdn & USC!)

Naturalization

02/22/11 - Filed

02/28/11 - NOA

03/28/11 - FP

06/17/11 - status change - scheduled for interview

06/20?/11 - received physical interview letter

07/13/11 - Interview in Fairfax,VA - easiest 10 minutes of my life

07/19/11 - Oath ceremony in Fairfax, VA

******************

Removal of Conditions

12/1/09 - received at VSC

12/2/09 - NOA's for self and daughter

01/12/10 - Biometrics completed

03/15/10 - 10 Green Card Received - self and daughter

******************

Posted

I have been searching and searching the internet for the past couple weeks trying to find the answers to all those questions! From what I have read, you still have to report your income you made in Canada for the whole tax year, even if you (like me) only worked before you moved to the US. I still haven't found a for sure answer about EI, but I do believe you declare it. Mine stayed in my Canadian account the whole time and I mainly use just to pay my Canada student loan each month. I believe there is a form you use that exempts the foreign income from being taxed.

Hopefully someone else with experience in this can help us out with the answers for sure!

11/09/2016 - i-751 sent

11/14/2016 - NOA1

12/08/2016 - Biometrics

06/04/2018 - i-751 approved

 

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Flames and a few others including myself swear by this forum - read up and then ask a question if you can't find the answer

http://forums.serbinski.com/viewforum.php?f=2

Wiz(USC) and Udella(Cdn & USC!)

Naturalization

02/22/11 - Filed

02/28/11 - NOA

03/28/11 - FP

06/17/11 - status change - scheduled for interview

06/20?/11 - received physical interview letter

07/13/11 - Interview in Fairfax,VA - easiest 10 minutes of my life

07/19/11 - Oath ceremony in Fairfax, VA

******************

Removal of Conditions

12/1/09 - received at VSC

12/2/09 - NOA's for self and daughter

01/12/10 - Biometrics completed

03/15/10 - 10 Green Card Received - self and daughter

******************

Filed: Citizen (apr) Country: Canada
Timeline
Posted

I had a similar situation and using the tax forum posted above I found out that due to the tax treaty between US/Canada I could 'attempt' to get some, but probably not all of the tax back from Canada using a Section 217 form (which must be filed by June 30th of 2015 for 2014 taxes. I was lame and forgot to do it until it was too late so I was taxed twice on my EI income :( Be forewarned

It doesn't really matter whether it stayed in a Canadian bank account, the IRS considers it part of your income, taxed or not by Canada. You will be taxed by the US but you can use the Canadian Section 217 form to get some of the Canadian Tax back.

That's my 2 cents

I have been searching and searching the internet for the past couple weeks trying to find the answers to all those questions! From what I have read, you still have to report your income you made in Canada for the whole tax year, even if you (like me) only worked before you moved to the US. I still haven't found a for sure answer about EI, but I do believe you declare it. Mine stayed in my Canadian account the whole time and I mainly use just to pay my Canada student loan each month. I believe there is a form you use that exempts the foreign income from being taxed.

Hopefully someone else with experience in this can help us out with the answers for sure!

Wiz(USC) and Udella(Cdn & USC!)

Naturalization

02/22/11 - Filed

02/28/11 - NOA

03/28/11 - FP

06/17/11 - status change - scheduled for interview

06/20?/11 - received physical interview letter

07/13/11 - Interview in Fairfax,VA - easiest 10 minutes of my life

07/19/11 - Oath ceremony in Fairfax, VA

******************

Removal of Conditions

12/1/09 - received at VSC

12/2/09 - NOA's for self and daughter

01/12/10 - Biometrics completed

03/15/10 - 10 Green Card Received - self and daughter

******************

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

Flames and a few others including myself swear by this forum - read up and then ask a question if you can't find the answer

http://forums.serbinski.com/viewforum.php?f=2

have not visited it in yrs..but it used to be (probably stil is) a great site! The 1 guy that used to answer the majority of the questions..was a bit of a grump..then again, the same questions kept being asked over and over,lol

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

Filed: Citizen (apr) Country: Canada
Timeline
Posted

have not visited it in yrs..but it used to be (probably stil is) a great site! The 1 guy that used to answer the majority of the questions..was a bit of a grump..then again, the same questions kept being asked over and over,lol

sounds like around here, huh?

USCIS - 40 DAYS
2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room
2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30
2012-12-11: NOA2


NVC - 26 DAYS
2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent
2013-01-03: Submitted DS-261 (x3)
2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us
2013-01-08: AOS bills appear as paid & AOS packages sent by email
2013-01-08: IV bill invoiced & paid (kids' only)
2013-01-09: IV bill appears as paid (kids' only)
2013-01-09: IV Package emailed & DS-260 submitted online (kids only)
2013-01-11: AOS received -notified by email
2013-01-11: IV bill invoiced & paid (for me)
2013-01-14: IV bill appears as paid (for me)
2013-01-14: IV Supporting Docs received for kids - notified by email
2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted
2013-01-23: AOS 2nd submission for Son #2 received - notified by email
2013-01-25: My CASE COMPLETE
2013-01-28: ALL 3 OF OUR CASES ARE NOW COMPLETE
2013-02-06: Packet 4 Received by email

MEDICAL ~ CONSULATE ~ POE REMOVAL OF CONDITIONS - 160 DAYS NATURALIZATION
2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox
2013-03-06: Interview 2014-12-19: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card
2013-03-08: Visas in-hand 2014-12-22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA
2013-03-12: Paid USCIS Immigrant Fee 2014-12-24: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics
2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter
2013-03-25: SSNs arrived 2015-05-27: Approved 2016-03-22: Interview
2013-04-01: Green Cards arrived 2015-06-03: New Green Cards arrived 2016-04-15: Oath Ceremony

Filed: Citizen (apr) Country: Canada
Timeline
Posted

I had a similar situation and using the tax forum posted above I found out that due to the tax treaty between US/Canada I could 'attempt' to get some, but probably not all of the tax back from Canada using a Section 217 form (which must be filed by June 30th of 2015 for 2014 taxes. I was lame and forgot to do it until it was too late so I was taxed twice on my EI income :( Be forewarned

It doesn't really matter whether it stayed in a Canadian bank account, the IRS considers it part of your income, taxed or not by Canada. You will be taxed by the US but you can use the Canadian Section 217 form to get some of the Canadian Tax back.

That's my 2 cents

AGREED... it doesn't matter WHERE the money is. The IRS doesn't care if it is in Canada or in a box in the ocean, they want to know about it and will tax you on it if they can. But there IS a reciprocal agreement between Canada and the U.S. which means we don't get taxed twice in the same income.

Now as I write this I'm confused, why did you get taxed twice on the EI income?

USCIS - 40 DAYS
2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room
2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30
2012-12-11: NOA2


NVC - 26 DAYS
2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent
2013-01-03: Submitted DS-261 (x3)
2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us
2013-01-08: AOS bills appear as paid & AOS packages sent by email
2013-01-08: IV bill invoiced & paid (kids' only)
2013-01-09: IV bill appears as paid (kids' only)
2013-01-09: IV Package emailed & DS-260 submitted online (kids only)
2013-01-11: AOS received -notified by email
2013-01-11: IV bill invoiced & paid (for me)
2013-01-14: IV bill appears as paid (for me)
2013-01-14: IV Supporting Docs received for kids - notified by email
2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted
2013-01-23: AOS 2nd submission for Son #2 received - notified by email
2013-01-25: My CASE COMPLETE
2013-01-28: ALL 3 OF OUR CASES ARE NOW COMPLETE
2013-02-06: Packet 4 Received by email

MEDICAL ~ CONSULATE ~ POE REMOVAL OF CONDITIONS - 160 DAYS NATURALIZATION
2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox
2013-03-06: Interview 2014-12-19: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card
2013-03-08: Visas in-hand 2014-12-22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA
2013-03-12: Paid USCIS Immigrant Fee 2014-12-24: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics
2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter
2013-03-25: SSNs arrived 2015-05-27: Approved 2016-03-22: Interview
2013-04-01: Green Cards arrived 2015-06-03: New Green Cards arrived 2016-04-15: Oath Ceremony

Filed: K-1 Visa Country: Canada
Timeline
Posted (edited)

Because you were only in the US for part of the year you will need to file both a Canadian tax return and a US tax return for 2014.

I came in May of 2013 and this is what I had to do.

You only claim on your Canadian tax return what you earned in Canada up until the time you moved.

You only claim on your US tax return what you earned after you moved. (If you still had Canadian income coming in AFTER you moved- whether it be in a Canadian account or not) you will need to claim that on your US tax return.

Also, you definitely need to let Revenue Canada know that you are now a non-resident so that for the 2015 tax year, you will only have to file a US return.

Edited by Texas22

Kimberley and Richard
Service Center : Vermont Service Center
Consulate : Montreal, Canada
2012-01-25 : I-129F Sent
2012-01-27 : VSC Received
2012-01-31 : I-129F NOA1 Notice Date
2012-02-01 : Touch
2012-07-05 : RFE Email (after 161 days)
2012-07-11 : RFE Received in Mail
2012-07-12 : RFE Reply Sent via USPS Overnight
2012-07-13 : RFE Reply Received at VSC at 12:16 PM
2012-07-18 : Case status updated to: "Request for Evidence Response Review"
2012-09-20 : Service Request Submitted with Tier 2 ISO
2012-09-25 : NOA2 Approved after 242 days!!
2013-01-07: Medical
2013-01-22: Interview - Approved! smile.png

My blog and video review of the Montreal Hotel that we stayed in: http://fanatictourist.com/blog/travel-tales/review-le-square-phillips-hotel-and-suites-montreal-canada/

2013-04-30: POE - Sarnia / Pt. Huron

2013-05-06: Made it legal.

2013-06-10: Apply for AOS, EAD and AP

2013-08-27: EAD / AP Received
2013-09-17: Greencard Received

2013-09-28: Wedding! smile.png

2015-06-15: Sent I-751 Application - Removal of Conditions.
2015-11-23: Approved
2015-12-02: 10 yr Green Card Rec'd.

Posted

Because you were only in the US for part of the year you will need to file both a Canadian tax return and a US tax return for 2014.

I came in May of 2013 and this is what I had to do.

You only claim on your Canadian tax return what you earned in Canada up until the time you moved.

You only claim on your US tax return what you earned after you moved. (If you still had Canadian income coming in AFTER you moved- whether it be in a Canadian account or not) you will need to claim that on your US tax return.

Also, you definitely need to let Revenue Canada know that you are now a non-resident so that for the 2015 tax year, you will only have to file a US return.

So...I don't need to report the income I made in Canada from January-the date I moved. But the pay I got after I moved, from work I did before I moved (since I got my vacation pay paid out to me) I do need to report?

Sorry...I keep seeing different answers and am so confused about it all!

11/09/2016 - i-751 sent

11/14/2016 - NOA1

12/08/2016 - Biometrics

06/04/2018 - i-751 approved

 

Filed: K-1 Visa Country: Canada
Timeline
Posted

So...I don't need to report the income I made in Canada from January-the date I moved. But the pay I got after I moved, from work I did before I moved (since I got my vacation pay paid out to me) I do need to report?

Sorry...I keep seeing different answers and am so confused about it all!

The income you earned in Canada before you moved must be reported on Cdn tax return. So technically your vacation pay was earned for the work you did while in Canada. Even though you received the pay after you moved, it was still earned while living and being in Canada.

Make sense?

Kimberley and Richard
Service Center : Vermont Service Center
Consulate : Montreal, Canada
2012-01-25 : I-129F Sent
2012-01-27 : VSC Received
2012-01-31 : I-129F NOA1 Notice Date
2012-02-01 : Touch
2012-07-05 : RFE Email (after 161 days)
2012-07-11 : RFE Received in Mail
2012-07-12 : RFE Reply Sent via USPS Overnight
2012-07-13 : RFE Reply Received at VSC at 12:16 PM
2012-07-18 : Case status updated to: "Request for Evidence Response Review"
2012-09-20 : Service Request Submitted with Tier 2 ISO
2012-09-25 : NOA2 Approved after 242 days!!
2013-01-07: Medical
2013-01-22: Interview - Approved! smile.png

My blog and video review of the Montreal Hotel that we stayed in: http://fanatictourist.com/blog/travel-tales/review-le-square-phillips-hotel-and-suites-montreal-canada/

2013-04-30: POE - Sarnia / Pt. Huron

2013-05-06: Made it legal.

2013-06-10: Apply for AOS, EAD and AP

2013-08-27: EAD / AP Received
2013-09-17: Greencard Received

2013-09-28: Wedding! smile.png

2015-06-15: Sent I-751 Application - Removal of Conditions.
2015-11-23: Approved
2015-12-02: 10 yr Green Card Rec'd.

Filed: Citizen (pnd) Country: Canada
Timeline
Posted

And also remember that you have to file an FBAR (Foreign Bank and Financial Report) which gets sent to a different Gov't agency for all investments or bank account information you have outside the US. This includes any Canadian retirement plans or bonds etc that you have, including all Canadian bank accounts.

You can file this up until June I believe as is filed separately than your taxes (though think you can do it on TaxAct online if you use that). I just file mine online separately from my taxes. But this is something that not many people knew about, and even I just found this out 2 or 3 years ago and had to gather up all my past information which was a pain and fill out all the previous years with a letter explaining why I didn't file the FBAR...

Here's the site.

http://bsaefiling.fincen.treas.gov/main.html

I'm just a wanderer in the desert winds...

Timeline

1997

Oct - Job offer in US

Nov - Received my TN-1 to be authorized to work in the US

Nov - Moved to US

1998-2001

Recieved 2nd, 3rd, 4th, 5th TN

2002

May - Met future wife at arts fest

Nov - Recieved 6th TN

2003

Nov - Recieved 7th TN

Jul - Our Wedding

Aug - Filed for AOS

Sep - Recieved EAD

Sep - Recieved Advanced Parole

2004

Jan - Interview, accepted for Green Card

Feb - Green Card Arrived in mail

2005

Oct - I-751 sent off

2006

Jan - 10 year Green Card accepted

Mar - 10 year Green Card arrived

Oct - Filed N-400 for Naturalization

Nov - Biometrics done

Nov - Just recieved Naturalization Interview date for Jan.

2007

Jan - Naturalization Interview Completed

Feb - Oath Letter recieved

Feb - Oath Ceremony

Feb 21 - Finally a US CITIZEN (yay)

THE END

Posted

And also remember that you have to file an FBAR (Foreign Bank and Financial Report) which gets sent to a different Gov't agency for all investments or bank account information you have outside the US. This includes any Canadian retirement plans or bonds etc that you have, including all Canadian bank accounts.

You can file this up until June I believe as is filed separately than your taxes (though think you can do it on TaxAct online if you use that). I just file mine online separately from my taxes. But this is something that not many people knew about, and even I just found this out 2 or 3 years ago and had to gather up all my past information which was a pain and fill out all the previous years with a letter explaining why I didn't file the FBAR...

Here's the site.

http://bsaefiling.fincen.treas.gov/main.html

Do you have to do this no matter what? I only have a few hundred in my bank account from Canada, hardly use it except for EI and to pay my student loans. I thought I read somewhere that it had to have had over $10 000 in it over the past 5 years or something like that, but I could be wrong!

11/09/2016 - i-751 sent

11/14/2016 - NOA1

12/08/2016 - Biometrics

06/04/2018 - i-751 approved

 

Filed: Citizen (pnd) Country: Canada
Timeline
Posted

Yes I did forget to add it's $10,000 or over in foreign accounts. So in your case you don't have to worry about it. Taxes are so complicated here especially for US citizens as expats in other countries.

Hell even as a TN status or a US visa holder, you need to do a lot of ####### for taxes. It's not easy that's for sure...

I'm just a wanderer in the desert winds...

Timeline

1997

Oct - Job offer in US

Nov - Received my TN-1 to be authorized to work in the US

Nov - Moved to US

1998-2001

Recieved 2nd, 3rd, 4th, 5th TN

2002

May - Met future wife at arts fest

Nov - Recieved 6th TN

2003

Nov - Recieved 7th TN

Jul - Our Wedding

Aug - Filed for AOS

Sep - Recieved EAD

Sep - Recieved Advanced Parole

2004

Jan - Interview, accepted for Green Card

Feb - Green Card Arrived in mail

2005

Oct - I-751 sent off

2006

Jan - 10 year Green Card accepted

Mar - 10 year Green Card arrived

Oct - Filed N-400 for Naturalization

Nov - Biometrics done

Nov - Just recieved Naturalization Interview date for Jan.

2007

Jan - Naturalization Interview Completed

Feb - Oath Letter recieved

Feb - Oath Ceremony

Feb 21 - Finally a US CITIZEN (yay)

THE END

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

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