Just starting the process--- SUGGESTIONS / ADVICE ?

[M + S 1]

Hello

 

Looking for similar feedback ?

 

Wife and I have been together for 10yrs, just got married in May 2017. She is a US citizen (I am Canadian ) but has been residing in Canada since 2yrs old, we both live in Ottawa, Ont.

We are currently looking into lawyers and have talked to two, with a third scheduled tomorrow.

 

Issues we have heard about from talking to Lawyers:

- We need to show domicile, we have a summer house in Alexandria Bay NY but it is only a summer mobile home ( we will be selling). We have been in US every weekend in summer for over 10yrs. So after we sell it we have NO roots.

- We have planned this and she is off next year with full pay ( salary deferral for last 5 yrs), plan on travel through US starting next January and look at potential places to move to. Worse come to worse she can rent a place/ look for work  while in US to show domicile, if paperwork not done yet and I have to go back to Canada and wait ( As a CDN I can only be in US up to 6 months visiting)

- Finances---- She has been working for Gov't 25 years and has a fairly large pension 425,00.00 grand plus, hope this accounts for something ? Other than that we don;t own anything. Pension is accessible as soon as she moves to US.

- Just found out even though she has been in Canada since 2yrs old and has never worked in US, she should of been filing US tax returns (news to her, all US Citizens are suppose to) . Looks like we need a US accountant, anyone have an idea on costs for that?

-  Don't know if this helps, I previously had a L1A US work permit and worked/lived in US 1996 -1997

 

Any suggestions or Advice ?

 

Thanks

Mike

[journadian 13]

Check out this us/can tax site serbinski forum.  Has a lot of info in regard to tax and can financials.  

 

Does she plan to stay with a family member in the us?  My husband lived with family till I moved to the us and then we moved into our new home.

[M + S 1]

No , there is No family in US. Her Dad is a True Canadian, he was in Buffalo on a Hockey scholarship and had Identical twins while there.

All family is in Canada

 

I will browse that forum, thanks.

 

Thanks

Mike

[jle2234 68]

Hey @Mike + Sue, I am from the Ottawa area, too! My IR-1 immigration was completed in September 2017.

 

Like you and your wife, my USC husband and I were living together in Canada before moving to the U.S. My husband had not been filing his U.S. taxes while living in Canada (2013-2017). We simply filed all of the missed taxes together during my immigration process, and it was no problem. Obviously, your wife has more than just a few years that are missed, but I can tell you that the immigration process doesn't seem to be affected by filing late -- as long as you've filed by the time they ask for the USC's tax documents. She may benefit from contacting that IRS and seeing how far back she'll need to file to get up-to-date.

 

I'm not sure what your ability is to maintain two residences during the immigration process. You will find that many people (myself included) had to live separately from their spouse for at least part of the processing time. My husband went ahead to the U.S., started a job and established a residence in order to establish domicile. We weren't able to afford two residences, so I sold our Canadian home and lived with my parents for a few months. You are also able to visit your spouse in the U.S. during the immigration process.

[M + S 1]

1 hour ago, jle2234 said:

Hey @Mike + Sue, I am from the Ottawa area, too! My IR-1 immigration was completed in September 2017.

 

Like you and your wife, my USC husband and I were living together in Canada before moving to the U.S. My husband had not been filing his U.S. taxes while living in Canada (2013-2017). We simply filed all of the missed taxes together during my immigration process, and it was no problem. Obviously, your wife has more than just a few years that are missed, but I can tell you that the immigration process doesn't seem to be affected by filing late -- as long as you've filed by the time they ask for the USC's tax documents. She may benefit from contacting that IRS and seeing how far back she'll need to file to get up-to-date.

 

I'm not sure what your ability is to maintain two residences during the immigration process. You will find that many people (myself included) had to live separately from their spouse for at least part of the processing time. My husband went ahead to the U.S., started a job and established a residence in order to establish domicile. We weren't able to afford two residences, so I sold our Canadian home and lived with my parents for a few months. You are also able to visit your spouse in the U.S. during the immigration process.

Thanks for the info.

 

Mike