Girlfriend is a USC, but we both live in CAN... options? (merged)

[SusieQQQ 11,586]

21 minutes ago, Shawawa2112 said:

I have not read anywhere that filing US taxes is a requirement. That is impossible for us, as she has never worked in the US. She moved to Canada as a small child. What options do we have?

I just don't understand how her applying to schools/having a confirmed place to live isn't enough evidence for them. So frustrating.

Anyone can send in a form or get a relative to say they can live in their house. It doesn’t actually mean anything. What the US needs to be sure of is that if they allow her to sponsor you, you will be able to live sufficiently in the US, not become a public charge, etc. The flip side question you posted above that one could ask is why just because she was born in the US, do you think she has the right to bring you there even though she has never lived there since a small child? ... of course in US law it is legal to do that, provided certain conditions are met. All they are asking is that you meet the conditions. 

[acidrain 325]

15 minutes ago, Shawawa2112 said:

I have not read anywhere that filing US taxes is a requirement. That is impossible for us, as she has never worked in the US. She moved to Canada as a small child. What options do we have?

I just don't understand how her applying to schools/having a confirmed place to live isn't enough evidence for them. So frustrating.

In 2011 the Obama administration passed legislation US citizens worldwide are required to file taxes. If she makes under a certain amount she can write a letter exempting her from filing. Canadian bank institutions are legally required to report any US citizens who are customers. The fines can be huge if the IRS ever got wind your wife is not tax compliant. Very unfair but true. Some people are renouncing their US citizenship to get out of dealing with the IRS.

 

My spouse never had a social security number and it was an ordeal to get. If she has never applied for a SSN she will need it for literally everything (opening a bank account, immigration, school, work, taxes, health care, etc). Foreign income from Canada is exempt so she wouldn't have to pay tax again. For immigration they will ask for at least the last year of US returns and up to 3 years total. We hired a tax accountant who had experience in this area. If you file US taxes things like RRSP's, TFSA's and other investments are not tax exempt. If you hang on to property in Canada after you move you will be required to pay capital gains tax.

 

She would have to meet the financial requirements which usually means having a job or joint sponsor (located in US). You can use assets to meet the requirement but it has to be assets 3x over the poverty line. Assets only petitions can be harder to get approved then if someone has a job.

 

The issue of domicile is rough on Canadians as it is a pathway to citizenship. They don't want to give visas to anyone who may not follow through with moving. The more ties your spouse has the more likely the petition will be granted.

 

When we started this journey we never imagined it would be this difficult. It's not for the faint hearted.

[Shawawa2112 1]

My girlfriend most definitely does not meet the income requirements I have found to need her to file taxes...

We also plan to use my cousin or uncle who live in Phoenix as a joint sponsor, so no issue there. Are she still required to produce tax statements given these points?

[Lemonslice 4,885]

13 minutes ago, Shawawa2112 said:

My girlfriend most definitely does not meet the income requirements I have found to need her to file taxes...

We also plan to use my cousin or uncle who live in Phoenix as a joint sponsor, so no issue there. Are she still required to produce tax statements given these points?

She was required to file if she made about $10K from wages, or $400 from self employment.   Reporting of bank, RRSP, TFSA, and investment accounts is also required when you reach $10K - FBAR penalties are crazy. 

 

Note that being required to file does not mean she has to pay taxes; with the tax treaty you need to make in the high $90K to start paying taxes to the US, from what I remember.  

[JFH 12,190]

So it begs the question why you are so keen on moving to the United States. It's a country neither of you have any real connection to, you have no jobs here, you're banking on the kindness of distant relatives to be able to survive. What's so bad about Canada that this is your better option? 

[Shawawa2112 1]

She is applying to school there and there is no way in hell I'm staying apart from her.

[SusieQQQ 11,586]

14 hours ago, Shawawa2112 said:

She is applying to school there and there is no way in hell I'm staying apart from her.

Not to get too much into this angle, but is she applying to school there expecting you will be able to join her, or doing so irrespective of whether you will?

There is almost no scenario immigration wise where you will not spend time apart from her. If you want to spend no time apart your best option seems to be an F1 vIsa to study in the same town she will be, but that assumes you want to and can afford to go to school too.

[NikLR 13,227]

Unless she lives in a state for a year her tuition will be sky high.  She should make sure shes looking at out of state tutition costs when applying to schools unless she is planning on grants. 

[jle2234 68]

6 hours ago, NikLR said:

Unless she lives in a state for a year her tuition will be sky high.  She should make sure shes looking at out of state tutition costs when applying to schools unless she is planning on grants. 

This. I have an IR-1 visa and am attending a private postgraduate school in the U.S. My tuition is over $30,000 per year + commuting costs, textbooks, etc.

 

Now that I'm done venting...

 

I agree with previous advice to consider a CR-1 visa. While the K-1 might suit some people's needs, if your girlfriend will be attending school, I would imagine that it would beneficial for you to be able to work immediately upon immigrating. To do this, you'd need a CR-1 visa, not K-1.

 

As others have said, the requirements are very strict for proving U.S. domicile when immigrating from Canada. Given how close most Canadians live to the U.S. border, it would be relatively easy for a green card holder to "secretly" stay living in Canada. My hometown has a U.S. post office only 15 minutes from it, and many of my Canadian friends and family members maintain U.S. post office boxes so they can get free shipping from Amazon, etc. So it would be feasible for a Canadian to have a U.S. mailing address, cell phone, etc., but not actually live in the U.S. Because of this, your sponsor needs to show proof of some actual ties to the country: a lease, job, proof of enrollment at a school, that sort of thing. Basically, you need firm, undeniable proof that you and your partner will be physically residing in the U.S.

[caliliving 606]

you need to be realistic that you will be apart! she most likely needs to go there and get an apartment, her driver license, SSN and all that fun stuff.  also, school in the USA is ridiculous. are you going to move there and go to school also? have you graduated college? why not pay the 6k canadian tuition a year and then go to the USA after?  

 

regardless, if you guys are set on going now then should do the CR1 visa and she should go and find a place and live there to establish domicle.  good luck. you have an uphill battle and hopefully you can get a good job int he usa.  living here is NOT cheap!

[Flames9_RN 358]

The immigration people are not going to care about you not knowing about her filing taxes. As an American citizen one is required to file taxes even when living abroad if they make above a certain amount of $$$.  In your case its more of a hassle than anything as Canada/USA do have certain tax agreements so one is not getting double taxed. So one will have to back file the taxes....... This is 1 reason why you see some USA citizens that have dual citizenship moving to the other country, give up their American citizenship.....

 

If you head to the Canada forum, you will see the USA Embassy/consulates in Canada are pretty firm on the USA citizen showing USA domicile...such as leases/mortgage...job....etc etc.    Lot of great info on the Guide forums, the various types of visas all have their own + and -'s!   And yes some Canucks do just head to the USA and stay and stay and some get away with it and some don't......

[Ontarkie 14,270]

~~Thread has been returned to the Canada forum, Domicile is taken very serious by Montreal and the OP's main concern regardless of what path they take.~~

 

Adding I don't normally like to move threads more then once but in this case the thread needs to be in the Canada forum because of the domicile questions. Otherwise the thread did fit What Visa do I Need. 

Edited February 5, 2018 by Ontarkie

[acidrain 325]

On ‎2‎/‎4‎/‎2018 at 8:58 AM, NikLR said:

Unless she lives in a state for a year her tuition will be sky high.  She should make sure shes looking at out of state tutition costs when applying to schools unless she is planning on grants. 

Excellent point. I plan on going back to University to upgrade my skills this year. I couldn't believe all post secondary institutions require 1 year of residency to qualify for normal tuition. One of the only bonuses with my spouse moving ahead is I am able to use his residency for the requirement. Out of state tuition costs are scary. I strongly encourage the OP to look at residency requirements for the institution his gf plans on attending.