U.S./Canadian Marriage...and high explosives -

My_question_is: Applicable to both US and Canada
Subject:        U.S./Canadian Marriage...and high explosives
Expert:         taxman@centa.com
Date:           Tuesday January 29, 2008
Time:           05:57 PM -0000

QUESTION:

My girlfriend and I are thinking about marriage. She's Canadian and I'm American. We both live very close to the border (1.5hr drive  from my place to hers) We both have jobs that we love and neither of us wants to give up our jobs or citizenship. It seems that dual citizenship (of some form) is in order. Here come the questions:
1. I work for the U.S. xxxxxxxxxxxxx. By obtaining landed immigrant status in Canada will I still be able to keep my U.S. Gov't job?
2. In addition to having a U.S. Gov't job I will also be getting my blasters license for working with high explosives (job related) will this be affected in anyway? (I believe the blasters license is very similar to a class 3 weapons license in the sense that you need federal approval to obtain it.)
3. Will the effects be different (for the previous questions) if I became landed immigrant vs. Canadian citizen
4.If she obtains a green card or other form of residency other than U.S. Citizen is she obligated to pay "world" taxes to the U.S.?
5. Are there any questions that I should be asking that I haven't?

Thanks for doing the wonderful things you guys do!


 
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david ingram replies;

It is 10 x's easier for you to come to Canada then it is for you to take your wife to the US under the circumstances you describe.

If you  keep a full blown house / home in the US  and your job there and only visit on weekends, you can marry and spend time with her in Canada and she can visit you on alternate weekends in the US and neither of you need to immigrate to the other country.

If you decide to marry and your wife moves to the US, it will be harder and the resident rules are far more stringent and she loses her BC JMedical because she has a green card and is living in the US.  You will save a little tax becaus eof the joint tax return and federal foreign tax credits for the tax, CPP and EI she pays Canada.

If you move to Canada, you would qualify for BC Medical if you slept in BC more than 183 days a year.  Because you are a US Federal  Government employee, your US income is NOT taxable in Canada.  You woul dhave to file a tax return but would deduct all the US federal Government pay on line 256 under Article XIX of the US / Canada Income Tax Convention. If you became a Canadian citizen,

If you do not bother being sponsored as a full time resident and stay in the US and she visits you half the time, and vice versa, you can continue life as it is and she can as well.  You will save tax because you can file a US joint tax return and cut your tax down about $3 to 4,000.  -- And, of course, if you move to Canada, you can also file a joint return and save tax.
 
What you cannot do is carry any blasting caps or other explosives across the border.

------------------------------------------------------
The following gives the paperwork she would need to file to sponsor you to Canada.  She nbeeds to use the guide at '1'  below

 

------------------------------------------

QUESTION:

I am a Canadian citizen working in Hong Kong for 4 years.  I have declared
myself as "non-resident" of Canada for tax purposes.

I will be getting marry in Jan 2007.  My fiancee is a HK citizen.  We would
like to move back to Canada after marriage and I have the following
questions regarding sponsorship of my finacee's immigration application:
- can I sponsor the application with my non-residence status?  then move
back after the application is approved??
- In order to sponsor the application, I need to fulfill some income
requirements.  Can I use my income from HK as a proof or if I need to move
back alone first, then get a job and pay tax before I can apply??

To complete the question, what are the steps to take in order for us to move
to Canada?
----------------------------------------------
david ingram replies:

You can sponsor him from afar and move back together.

You need to fill out most, if not all of the following forms.

Unless there is a problem with criminality in your fiancée's background, you
should be able to fill them in yourself but we are here if you need some
help with them.

Our specialty is the tax portion of the question and we would be glad to
look after your arriving back in  Canada returns.

The following older question and answer will give you what you need

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------------------------------------------



THANK YOU FOR ANY HELP AND FORMS YOU CAN TELL US WE WILL NEED TO IMMIGRATE
THE WIFE FROM CHINA TO CANADA.
===================
david ingram replies:

The following deals with sponsoring a spouse into Canada:

I can not guarantee that you will not have any problems but if you have no
problems in any of your backgrounds and your lady in is good health, you
should be able to sponsor her by filling in the following forms by yourself.

If there are any "really" questionable situations, you should consult with
an Immigration lawyer.  If there is nothing questionable that requires
privileged communication, you can and should consult with a member of the
Canadian Society of Immigration Consultants.

In general, you can likely fill them in yourself.  If you do need help, you
can contact me.

You can start the process by going to:
1.   
http://www.cic.gc.ca/english/pdf/kits/guides/3910e.pdf
This is a guide for sponsoring a US citizen spouse into Canada.
            Publication 3910E


1.a
http://www.cic.gc.ca/english/pdf/kits/guides/3903e.pdf
This is the Guide for sponsoring a spouse from MAINLAND CHINA, Macao, Tibet and Hong Kong although the guide only refers to the People's Republic of China on the cover.

You can also look at
https://services3.cic.gc.ca/kmsweb/order/orderitemform_init.do?dispatch=orde
ritemform_init&org.apache.struts.taglib.html.TOKEN=3b64c2b9871ff9732848f582b
894f62c to order the specific forms and at
http://www.cic.gc.ca/english/applications/fc.asp to see a list of the
countries and areas.


1.b    
http://www.cic.gc.ca/english/pdf/kits/guides/3904e.pdf
        This is the Guide for sponsoring a spouse form India, Nepal; or
Bhutan

1.c    
http://www.cic.gc.ca/english/pdf/kits/guides/3905E.pdf
        This is the Guide for sponsoring a spouse from the Philippines


1.f    
http://www.cic.gc.ca/english/pdf/kits/guides/3906E.pdf
        This is the Guide for sponsoring a spouse from Australia, Brunei, Cambodia, Cook Islands, Timor-Leste, Federated States of Micronesia, Fiji, Indonesia, Kiribati, Laos, Malaysia, Marshall Islands, Micronesia, Myanmar, Nauru, New Zealand, Niue, Palau, Papua-New Guinea, Samoa, Singapore, Solomon Islands, Thailand, Tonga, Tuvalu, Vanuatu and Vietnam


1.g    
http://www.cic.gc.ca/english/pdf/kits/guides/3907E.pdf
        This is the Guide for sponsoring a spouse from Bangladesh, Democratic People’s Republic of Korea, Japan, Maldives, Mongolia, Pakistan, South Korea, Sri Lanka and Taiwan


1.h    
http://www.cic.gc.ca/english/pdf/kits/guides/3908E.pdf
        This is the Guide for sponsoring a spouse from Argentina, Belize, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay and Venezuela

1.i    
http://www.cic.gc.ca/english/pdf/kits/guides/3901E.pdf
        This is the Guide for sponsoring a spouse from the United Kingdom, Albania, Andorra, Austria, Azores, Belgium, Bosnia, Herzogovina, Canary Islands, Croatia, Czexh Republic, Denmark, Faeroe Islands, Finland, france, Germany, Greece, Greenland, Hyngary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Macedonia, Madeira, Malta, Monaco, Netherlands, Borway, Portugal, San Marino, Serbia and Montenegro, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, United Kingdom, Vatican City   
 
1.j     http://www.cic.gc.ca/english/pdf/kits/guides/3902E.pdf
        This is the Guide for sponsoring a spouse from Armenia, Belarus, Bulgaria, Estonia, Georgia, Latvia, Lithuania, Moldova, Poland, Romania, Russia and Ukraine

2.    http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EA.pdf
This is the application form to sponsor - form IMM-1344A

3.   
http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EB.pdf
This is the sponsorship agreement - Form IMM-1344B

4.   
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5481E.PDF
This is the Sponsorship Evaluation Form IMM-5481

5.   
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5409E.PDF
This is a statutory declaration of a common-law marriage - FORM IMM-5409

6.  
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5540E.PDF
This is the Sponsor Questionnaire - Form IMM-5540

7.   
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5540E.PDF
This is an authority to release information - FORM IMM-5540

8.   
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5491E.PDF
This is a document Checklist - Form IMM-5491

9.   
http://www.canadapost.ca/tools/docp/CIC/bin/hpm-e.asp
This is where you order your official receipt

10.   
http://www.cic.gc.ca/english/pdf/kits/forms/imm0008egen.pdf
This is your actual Application for Permanent Residence - FORM IMM-0008GEN

11.   
http://www.cic.gc.ca/english/pdf/kits/forms/imm0008_1e.pdf
This is your Background Declaration - FORM IMM-008_1

12.   
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5406E.PDF
This is your additional family information - FORM IMM-5406

13.   
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5490E.PDF
This is your spouse or conjugal partner questionnaire -= FORM IMM-5490

14.    The Above PLUS a police report from your local police station (See
the guide for details) applies to those being sponsored from the UNITED
STATES. There is a separate brochure for every country.  If you are reading
this and are from any other country (Australia, Brunei, Austria, Venezuela,
etc) goto

14a  
http://www.cic.gc.ca/english/applications/fc.html for other country
guides.

15.  
http://www.cic.gc.ca/english/skilled/assess/index.html
This is the self-assessment test for an individual to determine his or her
eligibility to immigrate to Canada without being sponsored by a spouse.

I know this will help you make your decision.  If we can help you, remember,
that is what we do for a living.  In particular you should goto
www.centa.com and click on and read US/Canada taxation BEFORE you come.

Be ALERT,  the world needs more "lerts"

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YOUR MONEY"

Those outside of the Lower Mainland will be able to listen on the internet
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www.600AM.com

Local phone calls to (604) 280-0600 - Long distance calls to 1-866-778-0600.

Old shows are archived at the site.



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Americans & Canadians from New York to California to Saudi Arabia to Mexico
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