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Posted

Hi Folks,

I moved from Canada->US on a K-1 visa in October 2018, and got married December 3rd. I was a self-employed musician in Canada up until I left, and am still waiting for my EAD so I haven't worked since arriving (US income for 2018 is $0). My husband and I have figured out how to do the Married Filed Jointly US return (including my worldwide income and a statement that I want to be taxed as a Resident Alien for all of 2018). What I'm having a tough time finding is whether the fact that I got married in 2018 will affect my Canadian return. My husband has never lived in Canada, so only I have to do the return, and obviously I will say I'm married because I am! However, I wasn't married until after I left Canada...Do I have to include my husband's US income on my Canadian return? I know there's a form to fill in reporting that I emigrated, and telling them what day I left, but that's all the information I can find. I want to do it all correctly, so any help would be appreciated :) 

Thanks! 

  • 10/30/2018 POE on K-1 visa
  • 12/03/2018 Married 😍
  • 12/07/2018 Sent AOS, EAD and AP forms 
  • 12/13/2018 NOA1
  • 12/21/2018 Received Biometrics appointment letter
  • 12/26/2018 Successful walk-in biometrics 
  • 03/20/2019 USCIS online case status for I-485 changed to "Case is Ready to be Scheduled for an Interview" 
  • 06/10/2019 EAD/AP expedite request submitted with evidence through Congressman's office
  • 06/17/2019 New Card is Being Produced! (EAD)
  • 11/15/2019 Interview! Approved 4 hours later
  • 11/23/2019 Received Green Card in the mail
  • 8/19/2021 Sent Removal of Conditions form
  • 8/24/2021 Application received, NOA1
  • 10/25/2021 Received biometrics waiver (dated 10/21/21)
  • 11/22/2021 Received 24-month extension letter
  • 11/7/2022 Filed N-400 Online
  • 4/6/2023 Naturalization Interview
  • 5/12/2023 Oath Ceremony
Filed: Citizen (apr) Country: Canada
Timeline
Posted

CRA is a pain in my ###.  I had such an issue changing marital status to married and not being able to skip having to enter a SIN for my American husband who doesn’t have a SIN bc he’s never lived there.

 

Short answer:  No, you do not need to include his income.  You will just pay the taxes on your income.  FYI: the taxes on a non-resident (even if you were a resident for a majority portion of the tax year) are high.  I was expecting a refund from Canada, and wound up owing a ton.  

 

Still haven’t gotten a straight answer about this year, if I need to file anything.  I had $0 Canadian income in 2018, but I feel like I should still have to reaffirm that I had no income and am still not a resident of Canada.

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

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