Help with K-3 forms - I-120 G-325 I-134 I-864 I-765 income tax help estate family trust assistance expert preparation & immi
I am an American on a NAFTA work permit stationed at an office in Vancouver since 2003.
My legal residence is in
Last year, I married a Canadian citizen, and I am about to send K-3 forms in to the US Immigration in Kansas City in order that I can bring my spouse over.
According to the
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david ingram
replies:
I apologize for just getting at this now. It was buried in
some 2,000 emails which I have finally got to as our June 30th season winds to a
halt.
Bellingham is a neat place. I am looking at 4 steel
Chile Pepper plates from the Mexican Restaurant that I bought when I was
down there on June 18th.
BACK TO YOUR Question
Realize that from
the time you submit your forms, your wife can NOT cross the border either
way. If she is in the US when you file them, she can not come back to
Canda for any reason until the paperwork is done and the green card is issued.
(there is an exception if something particularly important comes up - she can
apply for an advance parole on an individual basis at a cost of
$170.00.)
See general directions for form I-131 at:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
See the actual form I-131 at - http://www.uscis.gov/files/form/I-131.pdf
If she is in Canada when you file your I-130 Application for your wife,
them, she can not go into the US either. When applying from Vancouver if
she is in Canada, the paperwork ends up being conducted through the Montreal
Consulate.
I am assuming that the paperwork has gone already. If it
has not, I would be glad to look it over for you.
The following is a list
of the forms that you will likely need (everything but the poverty guidelines)
.
You can find all of the forms at: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
Start off with form I-130 Petition for an Alien relative (this is after a
marriage)
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
If you decide to go the fiancee route, he has to apply from out of the US
and can NOT cross the border back to the US until it is approved, use form
I-129-F
http://www.uscis.gov/files/form/I-129F.pdf
At some point you will need G-325 For his Biographic
Information http://www.uscis.gov/files/form/g-325.pdf
Or you might need G-325-A instead - http://www.uscis.gov/files/form/g-325a.pdf
He will need an I-683 - Medial certificate
http://www.uscis.gov/files/form/I-693.pdf
You will need an I-134 - Affidavitt of Support
http://www.uscis.gov/files/form/I-134.pdf or
instructions at:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe3647a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
I-864 - Or another Affidavitt of support - If you do not work, you will
need a relative to co-sponsor or use other household income and
assets
http://www.uscis.gov/files/form/I-864.pdf
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b70f8875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
I-864A - contract between yourself and household member
http://www.uscis.gov/files/form/I-864A.pdf
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0c7e8875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
You will want to read this for the poverty guidelines
Form I-864-P -
http://www.uscis.gov/files/form/I-864P.pdf -
extra instructions at
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73c63591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
Employment authorization I-765
http://www.uscis.gov/files/form/I-765.pdf
extra instructions - Family Unity is Number
274a.12(a)(13) here (Family Unity)
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
Hope this helps.
In the meantime, I hope that you are getting your
US returns done properly and filing form T D F 90-22.1. These are only
necessary if you had more than $10,000 in Canadian accounts at any time in
2006. If you had an RRSP account, you also ned to file form 8891 for each
RRSP. See the following older
question.
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Hello Mr. Ingram:
I understand your rates. I wish to find out if you have any experience in dealing with the following issue.
A first-time filer, US citizen by birth only, 42 years old, trying to determine what non US accounts need to be reported to the Treasury Department and what the possibility is of leniency in the case of penalties on RRSP and such accounts, which were never before reported.
As background, I am a dutiful tax payer on the Canadian front, totally by the book. I was ignorant of the full impact of delaying my US tax returns (I thought real estate would be my only issue). I intend to renounce my US citizen (and have an appointment to do so) on July 27. I cannot get an appointment any sooner.
I have a tax preparer in the US who deals with Ex Pat issues, but is not terribly familiar with Canadian situations. He has prepared ten years' worth of returns for me but when preparing the Treasury Forms and looking into the background, and at Form 8891, he became concerned that I should seek advice from someone more familiar with actual practice in this area.
If you have experience of feel you can substantially guide me, I wiould like to call you and engage your services for the 15-50 minute time period. I live in Vancouver and will of course provide more of my particulars.
S_____________________________________________________________________________________________
david
ingram replies:
With your occupation as a XXXXXXXXXXXX, I can NOT even
begin to understand why you would renounce your US citizenship.
If
you ever intend to visit the US again, do NOT renounce your US
citizenship. If you are doing so to avoid having to file Income tax
returns, you are banned from entering the US for life AND are still liable to
file US tax returns for ten more years PLUS are subject to capital gains tax on
your assets as everything is deemed sold upon your relinguishing your
citizenship.
The most common and most important ex-pat forms atre the TDF
90-22.1 Treasury forms and the rules for their preparation are the same,
no matter which of the 265 countries you may be living in. In addition,
the rules are the same for any US resident who may have an account in antother
country.
If your US preparere has 'any' question about the treasury
forms, he or she is NOT an experienced preparer of EX-PAT tax
returns.
The form 8891 is a substitute for form 3520 which applies to
ex-Pats who live in any other country other than Canada. An EX-PAT
preparer would know how to fill in the 8 page 3520 which applies to retirement
accounts in any country. If he or she has any problem with the one page
8891, the same situation applies. In my opinion, the person has NO
credible ex-pat experience.
We provide the services you require. If
you have not done so already, You should read my Oct 95 newsletter (nothing new)
which deals with just what you need to do as a US citizen in Canada (top ;eft
hand box at www.centa.com).
Then you should read the US/Canada Taxation section in the second box
down on the right hand side.
Then you should read the Oct 93 newsletter
on dual citizenship.
If you would like to talk to me, call Gillian Bryan
at (604) 980-0321 Monday to Friday between 10 AM and 4 PM. If you come to
see me, bring in the Dec 31 2005 and Dec 31 2006 year end statements for any
RRSP accounts you have and bring in a list of all of your Canadian financial
accounts including life insurance poliices, trust company accounts, Credit Union
accounts, Bank Accounts, Securities accounts, RRSP accounts and even a girl
guide, church, brownie or company account you have signing authority over
I will need the highest balance in 2006 (to the nearest $10,000 or so).
Rather than just talk, we can likely get the reporting done in the
hour.
_____________________________
david ingram wrote:
US / Canada / Mexico tax, Immigration and working Visa Specialists
US / Canada Real Estate Specialists
My Home office is at:
North Vancouver, BC, CANADA, V7N 3L7
Cell (604) 657-8451 -
(604) 980-0321 Fax (604) 980-0325
Calls welcomed from 10 AM to 9 PM 7 days a week Vancouver (LA) time - (please do not fax or phone outside of those hours as this is a home office)
$1,600 would be for two people with income from two countries
David Ingram expert income tax help and preparation of US Canada Mexico non-resident and cross border returns with rental dividend wages self-employed and royalty foreign tax credits family estate trust trusts income tax convention treaty
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