Sent: Tuesday, May 23, 2006 7:10 AM
To: taxman at centa.com
Subject: moving to the U.S. with children
Hi there:
I have a fiance..he is a single parent raising 2
children and has an elderly parent to look after as well..he is a U.S.
citizen. Im a single parent raising 2 children in Ontario Canada. We are
thinking of purchasing a house in Niagara Falls U.S. side together as its
easier for me to move then for him. Im proud to be a Canadian and wish to
stay that way..eventually we will be moving back to Canada. I have no idea
where to start. Is there an everthing i need to know in laymens terms book
with reguards to :
1. Can i co- own a house in the U.S.?
2. How do i retain my Canadian Privilages eg. Health
cards?
3. How long can i stay in the U.S?
4. How do i do get permission to work there.?
5. Can my children go to school in the U.S.?
6. What about taxes?
The plan right now is for me to Stay with my sister in Ontario for a few
days a week to work then be in the U.S the rest of the week. We will be
looking for homes right near the border. After his Father Passes away we
most likley will move back to Canada, but we dont feel its right to take him
from his home at this time and is the reason im going there. There is no
rush to purchase or to move right away so we want to start figuring it all
out well in advance to avoid any suprises.
Thanks for your time im sorry this question is so lengthy and i hope you can
point me in some direction other then the round and round conufsed one im in
now,
___====================================
david ingram replies:
1. yes
2. You have to sleep in Canada more than 183 nights to retain your
Provincial health cards and benefits
3. up to six months a visit provided you have a home in Canada. Your
sister's will usually not qualify unless you put the phone and hydro in your
name
4. You need a green card or work visa. If he sponsors you as a fiancée and
you get marred within 90 days, you will get your green card soon after.
5. Only if you get status as a spouse or as a worker with a work visa of
some sort. Only your US employer can apply for a visa for you.
6. What about taxes - if you ask me I could write a book - other Q & A's you
will receive might answer this for you.
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QUESTION: I am an American man living in California and plan to marry a
Canadian woman who lives in Toronto and is in the process of divorcing her
Canadian husband. The plan is for her to move to CA as soon as possible.
Is there some sort of "legal checklist" that provides an overview of
visitation (for both her and me) implications, visa application, property,
investments, etc. for the interim period prior to finalizing her divorce and
thereafter?
Thanks in advance for your help.
---------------------------------------------------------------------------
david ingram replies:
This is an impossible question because everyone is different.
Moving to California is impossible to do without a residential visa of some
sort.
If she is a professional, it might be as simple as her applying for a job in
her profession and moving to the US with a TN (Treaty NAFTA visa). She
would need to be in one of the 63 occupations that qualify for a TN. You
can find these occupations listed in the middle of "Entering the US: which
you can find in the second box down on the right hand side at www.centa.com/
If she has an occupation that is not listed in the TN category but she is in
a senior position, she might be able to go in an H category. Everyone who
qualifies for a TN qualifies for an H and a lot of others do as well. If
she is in management with a branch of an American Company, she might be able
to transfer under an "L" category.
Indeed her mother or father might be an American and could sponsor her to
the US under certain circumstances. The parent should be living in the US.
If she does not qualify, you are going to have to sponsor her as a fiancée
and be married within 90 days of her going to the US or marry her first and
sponsor her as a wife. If you do that, her paperwork has to be processed in
Montreal.
In the meantime, if a Homeland Security officer on the border discovers that
she has a fiancée in the US and intends to marry and live there, the officer
will not likely allow her to enter the US to visit you on the grounds that
they thin k she will try and stay there. It is the border person's duty to
keep her out.
She (and you) should put together a "border kit".
This kit would consist of a 3 ring binder containing items like:
* copies of your last three year's tax returns
* copy of the lease or ownership papers of your residence
* copy of your driver's licence
* copy of your car registration
* letter from your employer stating your job and that she / you work there
* copy of video club memberships
* copy of club memberships
* copies of phone bills
* copies of utility bills
* copies of Insurance policies
* copies of anything that indicates you are intending to return to your
home country in a short period of time.
This is not everything by any means but should be looked at as a minimal
amount of documentation to have.
You should look at the Fiancée petition to get started -
http://uscis.gov/graphics/formsfee/forms/i-129f.htm
And you should look at the Spouse application as well -
http://uscis.gov/graphics/formsfee/forms/i-130.htm
You will have to guarantee support of course:
http://uscis.gov/graphics/formsfee/forms/i-134.htm and/or
http://uscis.gov/graphics/formsfee/forms/i-864.htm
Get to work!
-----------------------------
Answers to this and other similar questions can be obtained free on Air by
david ingram on the last Sunday of each month.
On the last Sunday at 9:00 AM on 600AM in Vancouver, I, david ingram will be
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Those outside of the Lower Mainland will be able to listen on the internet
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Interest deductible.
------------------------------
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Note that id your lady were to give up her apartment or house and want to
visit you in the USA, she cannot do so. To be a visitor to the US, she MUST
have a residence in Canada ready and waiting for her to go and sleep there
anytime.
---------
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