QUESTION: Mr. Ingram,
Thank you for taking the time to consider my questions.
I am currently working in Canada as an independent contractor for
a small software company in the US. I fill the role of lead
developer for the company and my work involves development work
(programming) and technical planning for product development and
delivery. I telecommute 100% of the time and have never visited
the office in the US. The company does not have a presence in
Canada and employs one other contractor elsewhere in Canada. The
remainder of the employees live and work in the US.
My wife is a US citizen who is landed in Canada. She works here
as well and resides with me. We occasionally travel to the US to
visit friends and her family.
My question is this: are we likely to encounter difficulty
travelling to the US to visit friends and family? We have not
had any trouble thus far but I am worried that we might run into
difficulty with INS given that I do not fully understand how they
view my activities with the company in the US.
My second questions is this: what sort of visa should I be
looking into should I need to travel to the company office at
some point in the future? I do not have formal post-secondary
education in computer science despite having spent my entire
career in technical support and software development.
Thank you in advance,
-----------------------------------------------------------
david ingram replies:
You need a "Border Kit" to facilitate your entry to the US and
prove to the US people that you live in Canada, that you work in
Canada and are returning to Canada and not trying to move to and
live in the USA.
If you need to travel to the US company office to gather
information, that may be done on a B1 visa basis.
go to www.centa.com and read the "entering the US" section in the
second box down on the right hand side for more info on types of
US visas.
You may not perform any duties in the US other than to gather
information. You can NOT sit down at a head office computer and
start doing some work there.
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 in Canada
* 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.
-----------------------------------------------------
David Ingram's US / Canada Services
US / Canada / Mexico tax, Immigration and working Visa
Specialists
US / Canada Real Estate Specialists
My Home office is at:
4466 Prospect Road
North Vancouver, BC, CANADA, V7N 3L7
Cell (604) 657-8451 -
(604) 980-0321 Fax (604) 980-0325
Calls welcomed from 10 AM to 10 PM 7 days a week Vancouver (LA)
time - (please do not fax or phone outside of those hours as
this is a home office)
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 for expert help, assistance,
preparation, or consultation in connection with personal or
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