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Re-entry permit and Canadian tax residency

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Hello all,

 

I would need your help with this as I can't find any info and I'm guessing there must be people who needed time to wrap things up.

 

We are getting our EB1 greencard soonish. I am planning on living in the US as soon as we get it, but my husband wants to stay in Canada for an extra 1.75 years to fulfill his Psychology license. He will come to the US vacationing often, every couple of months, but won't live in the US more than 2 months/year for the first 2 years. 

Because of this he plans on applying for a re-entry permit (Form I-131) correctly: going to the US and to wait for the biometrics and all. 

 

But our cross-border accountant said as he will be in Canada for more than 182 days/year, he will be a tax resident of Canada.

Does being a tax resident of Canada have an impact on the US greencard?

Also because of him, even if I live in the US full-time, I will likely also be a tax resident of Canada (ties). Does that have an impact on keeping my greencard too?

 

Are there treads about people needing an extra year or 2 to wrap things up? I can't find them.

Thank you so much for your help!

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You have to permanently reside (and intend to reside) in the US to maintain the LPR status (green card). You must file taxes in the US as a resident. Even with a re-entry permit, filing taxes in the US as a non-resident is grounds for abandoning your status. 

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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Quote

Even with a re-entry permit, filing taxes in the US as a non-resident is grounds for abandoning your status. 

Thank you. I've look it up and you are right. Wow. Our border crossing accountant is part of a big US-Canada cross accounting firm in Montreal. You would think he would not have mislead us on such important matters! I'm understanding that we will have to find a way to do US resident taxes even if Canada says he is a tax Canadian resident as well.

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Filed: K-1 Visa Country: Wales
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He is the one claiming to be a US Resident to the US authorities.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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CRA will consider him resident from the numbers of days spent in Canada.

 

IRS will consider him resident for tax purposes because he's a LPR.

 

Edited to add: it doesn't mean he'll be taxed twice, just declare everything to both countries. 

Edited by Lemonslice
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6 minutes ago, Lemonslice said:

CRA will consider him resident from the numbers of days spent in Canada.

 

IRS will consider him resident for tax purposes because he's a LPR.

 

Edited to add: it doesn't mean he'll be taxed twice, just declare everything to both countries. 

Thank you! Perhaps that's what the accountant meant. You say it more clearly ;) But I'll make sure he declares resident in his US taxes.

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