Montreal - Poverty Guidelines - I-134

[Peot 161]

As per a post I made in the K1 board, we're worried about meeting the minimum poverty guidelines for 125%. Now I have a Canada specific question.

We DO meet the 100% guideline. I've heard that "some embassies" are fine with 100% and others need 125%. Nobody is very specific in where they see someone getting accepted for 100%.

Does anyone have experience with this in Montreal? Any idea which guideline they try to look for?

 

Also, I currently am a remote contractor for a US company, however I am employed through their Canadian branch. I can literally do my job from anywhere in the world. Once I move to the United States, I will STILL BE WORKING for that Canadian branch remotely, and will not have a break in my income as most would moving to a different country. Is this something that the consulate may consider when determining whether or not I will become a public charge? Especially since filing the AOS with a joint-sponsorship of my income will happen and won't be an issue. My gross earnings last year were well over the minimum.

[KULtoATL 1,551]

Whilst you might get accepted at 100% at the K-1 interview, 125% is the AOS requirement. That is why it's a lot easier to just begin with 125% from the start. 

 

If you enter the US with a K-1, you can't actually work until you get your EAD. 

[Peot 161]

43 minutes ago, KULtoATL said:

Whilst you might get accepted at 100% at the K-1 interview, 125% is the AOS requirement. That is why it's a lot easier to just begin with 125% from the start. 

 

If you enter the US with a K-1, you can't actually work until you get your EAD. 

Right, that's why I'm wondering if anyone in the Canada specific forum would have first-hand experience with what they were asked to provide, and whether it was to meet the 125% rule. I've heard a lot of "might get accepted" and not enough "will get accepted".

 

But yes, unfortunately, even though the job is remote, I will be getting paid into a Canadian bank account in Canadian funds that will have to get added to my Canadian tax return, everything I've read states that you "should get a work authorization" and I'm not sure why. Either way, EAD or otherwise, I will still remain gainfully employed. 

[Lemonslice 4,836]

As far as I know, Montreal rarely, if ever, takes into account the beneficiary's salary and they used to go by 125%.  You should be able to find recent reports to confirm if it's still the case.

[Lemonslice 4,836]

7 hours ago, Peot said:

Right, that's why I'm wondering if anyone in the Canada specific forum would have first-hand experience with what they were asked to provide, and whether it was to meet the 125% rule. I've heard a lot of "might get accepted" and not enough "will get accepted".

 

But yes, unfortunately, even though the job is remote, I will be getting paid into a Canadian bank account in Canadian funds that will have to get added to my Canadian tax return, everything I've read states that you "should get a work authorization" and I'm not sure why. Either way, EAD or otherwise, I will still remain gainfully employed. 

Just to be clear, if you keep this job, you'll also have to put the income on your American tax return, which doesn't necessarily means more taxes to be paid.

[Peot 161]

1 hour ago, Lemonslice said:

As far as I know, Montreal rarely, if ever, takes into account the beneficiary's salary and they used to go by 125%.  You should be able to find recent reports to confirm if it's still the case.

What does this mean? They ONLY go by the tax returns, or what? Reports to confirm this is the case are exactly the things I can't find.

[Peot 161]

1 hour ago, Lemonslice said:

Just to be clear, if you keep this job, you'll also have to put the income on your American tax return, which doesn't necessarily means more taxes to be paid.

This is also a completely different topic I'm interested in, since my situation is kind of unique in that the way I'm paid will not change... and only my physical location will differ. I know that everyone I've spoken to will say "you need to get a work permit and pay federal taxes", but then does that mean I don't pay into CRA? Or can I exclude it on the IRS doc and pay into CRA?

 

Like, would that technically qualify as a "foreign earned income exclusion", or would I be able to exclude it on the Canadian taxes in a similar way? Either way... I'm not paying taxes twice on the same income if I can help it. Either I pay to the IRS or I pay to the CRA, but I'll have to sort it all out.

I mean the company reports to CRA... and will issue a T4... so I'm assuming it will qualify as "foreign earned income", which you can exclude up to something like $100,000.

 

Though I might still have (and want) to pay state taxes. Might just start up a new thread about this, since I'm pretty confused!

[Lemonslice 4,836]

Tax questions,  as a US resident, you need to declare your income, domestic and foreign.  I can't advise further because how you're then taxed depends on your personal situation and I recommend using an tax specialist (not a well known chain clerk....) to file the first years.

Edited July 8, 2017 by Lemonslice

[Peot 161]

Perfect, that's what I was looking for! I used the search here to the best of my ability, but couldn't find a thing, but you came through

 

Unfortunately, it doesn't play out in my favor much... even sounds like we might run into having to find a second co-sponsor. We're having enough trouble finding ONE.

 

Also, as per the tax question... I figured it out through little research.

Income is sourced to the jurisdiction where the services are performed, not where you’re paid from. I will pay US taxes. I would then need to apply for a foreign tax credit with the CRA to reclaim anything paid to them.

[NikLR 13,227]

You'll need a co-sponsor.  Montreal does 125% even for k1.  I've never heard of them accepting 100% unless military. 

 

Your continuing job won't matter due to the type of visa.  It's a grey area that you would be working in.  Not really allowed but not really denied.  Once you AOS you can use the income to contribute because with the EAD you can legally move to their US branch (and can even ask for an expedite on the EAD because of this.)