US IMMIGRATION-CANADIAN RESIDING IN THE USA - Form
QUESTION: I am a 48 year old widow. I am relatively self-sufficient, that being, I receive various Canadian Federal Pensions due to my husband's death. I have met a man in Florida and have had a relationship with him for 2.5 years. We have discussed marriage but haven't committed to one another as yet. I have a residence in Canada. I have been travelling back and forth between our 2 countries, basically every 6 months. Is this acceptable to INS? What are my options? ============================= david ingram replies: You must now file a US federal Income Tax return because if you have been there 6 months a year for the past 2 1/2 years you have made yourself taxable in the United States. The rules are that if you have been in the US for more than 183 days in a year you need to report your world income to the USA. The good news is that the tax paid to Canada should wipe out any US tax by filing US form 1116. A second rule and the one that you will have fallen into for sure is that you have to take the number of days over three years into account. So, if you have been there 180 days a year for the last 2 1/2 years, the calculation goes like this: 2004 180 days 2003 (1/3 of previous year) 60 days 2002 (1/6 of previous year) 30 days for a total of 270 days You can file a form 8840 to state that your closer connection is to Canada but I am willing to bet that you have actually been in the US for more than 183 days in 2004 already because you came back and then returned to the US sooner rather than later. See 8840 here http://www.irs.gov/pub/irs-pdf/f8840.pdf The second problem is your provincial health insurance. If you do not sleep in your home province more than 183 days, your provincial health insurance is also invalid. However, if you two want to spend 180 days in Florida and 180 days in Canada and 1 week in the Bahamas and not get married, you can continue to be a visitor in each other's country. To do this, you should really put together a "border kit" for when you cross the border. This would be a loose-leaf binder with: a picture of your house a copy of your Canadian phone bill A copy of your Canadian hydro bill A copy of the lease or the ownership papers for your house or apartment A copy of your last three years Canadian Income tax returns A copy of your Canadian Driver's licence A copy of the registration of your Canadian Car Anything else that shows you are a Canadian resident. Keep your purse full of Canadian credit and affinity cards. DO NOT GO ACROSS THE BORDER INTO THE USA WITH A PURSE FULL OF FLORIDA AFFINITY OR US CREDIT CARDS AND A FLORIDA LIBRARY CARD AND A FLORIDA BLOCKBUSTER VIDEO AND A FLORIDA FITNESS CLUB. The two of you might want to buy an hour of my time on a conference call so that you get the idea straight. The other solution would be to marry the fellow and have him sponsor you into the US on a full time basis. Hope this helps. Answers to this and other similar questions can be obtained free on Air every Sunday morning. Every Sunday at 9:00 AM on 600AM in Vancouver, Fred Snyder of Dundee Wealth Management and I, David Ingram will be hosting an INFOMERCIAL but LIVE talk show called "ITS YOUR MONEY" Those outside of the Lower Mainland will be able to listen on the internet at www.600AM.com Local calls are taken at (604) 280-0600 and Long Distance calls are taken at 1( 866) 778-0600 I do not know how far the LD line reaches. ========================================= David Ingram's US/Canada Services US / Canada / Mexico tax, Immigration and working Visa Specialists US / Canada Real Estate Specialists 4466 Prospect Road North Vancouver, BC, CANADA, V7N 3L7 Res (604) 980-3578 Cell (604) 657-8451 (604) 980-0321 Fax (604) 980-0325 Email to taxman at centa.com www.centa.com www.david-ingram.com Disclaimer: This question has been answered without detailed information or consultation and is to be regarded only as general comment. Nothing in this message is or should be construed as advice in any particular circumstances. No contract exists between the reader and the author and any and all non-contractual duties are expressly denied. All readers should obtain formal advice from a competent and appropriately qualified legal practitioner or tax specialist in connection with personal or business affairs such as at www.centa.com. If you forward this message, this disclaimer must be included." Be ALERT, the world needs more "lerts" ============================== Alaska, Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Garland, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico,New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon. 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