change from F-1 to US Perm Resident -


QUESTION:

My Canadian daughter from a previous marriage now lives
with us and attends college on an F-1. She desires to stay in
the US and become a permanent resident. Is there any way to
change status from an F-1 or will this need to be a
completely new set of applications? Also, if I apply for her, in
the interim will this affect her ability to travel back and forth
between US and Canada?
Thanks!


 
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david ingram replies;

I suggest that you call Joe Grasmick at www.grasmick.com.  He has a simple phone in consultation system.  I would bet that at least 17 out of 20 (if not all)  US immigration attorneys who deal with Mexican or Canadian  Nationals working in the  USA, have his book.

He is the author of the TN Handbook and one of the major if not 'the' major lawyer dealing with Canadians immigrating to the USA. 

You can sponsor her for sure as her father.  However, once the paperwork gets started, she can NOT leave the USA in a normal manner and even with special permission should not do so unless a real emergency like her mother in the hospital.  It is my experience that border people frown on items like a girl friend's wedding or birthday's etc.  Look up travel document  USCIS form I-131 at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCRD

And, Look on the bright side.  Maybe by then, she will have found a US fiancĂ©e and you do not have to do the paperwork.

david

You were about to get the following but I spotted the PAYING CUSTOMER and took a look.  - In the future, please put - PAYING CUSTOMER Your Name -  in the subject line Do not put anything else in he subject line.
---------------------
Today, Sept 13, 2008 I realized I have some 1,936 unanswered questions.  I do not know how they get to be that many.  I had them down to a very few at the end of April but have been swamped  since.

In the meantime there are actually 2 times that you might get your question answered by phoning.

E very Sunday for the next while I will be a guest on Fred Snyder's  "IT'S YOUR MONEY" radio shows.  The two different shows are live and 'phone ins' on CHBD radio in Vancouver at www.600am.com every Sunday from 9:00 AM to 10:30 AM.  You can listen live in Vancouver at 600 on your AM dial.

Then in the evening, a different radio station AND a different live show on CKNW  (www.cknw.com) every  Sunday from 6 PM to 7 PM.  Again, you can listen live in Saudi Arabia or Tuscon Arizona at www.cknw.com


The following was my April 27, 2008 version when i gave up on ever getting to about 1,000 emails.    The problem is that I keep on putting things aside that I want to answer but just do not get to.  I have, by the way, answered over 300 unsolicited emails at the  same time.

david

david ingram replies:

This email has NOT been read because of the sheer number received each day.  Two unidentified emails are picked to be answered each day.   The rest receive this email.  Contact information is provided further on.  As I am amending / updating this automatic reply, there are over 400 today.   I have cleaned out over 45,000 messages from my spam box and over 14,000 that I actually looked at and deleted. Sometimes, you will receive this a loooonnnnggg time laterThis is because I put it aside to answer and finally gave up at ever getting at two or three hundred of them.

In general, I pick out two or three or four random questions to answer a day.  Unfortunately, I am sorry that I cannot reply to your question at the moment because you do not show as a  client. If I am incorrect and you are a client with a new email address, etc., please resend your question or inquiry with YOUR NAME (i.e. John Smith) and the words "PAYING CUSTOMER" in the subject matter.  Please indicate when you saw me or consulted me in the last six months and what name the bill would have been under.  I am also going to limit my free follow up questions to two from now on.

That does NOT mean I am going to charge automatically for the question.  A simple yes or no question is never charged for.  However, it does identify your question as being a priority and should stop it from being spammed out or automatically sent this rejection letter. 

At the moment, I am limiting my free replies to two to four per day (I get up to 50 questions) from non-clients. I am just too busy to answer many questions and am limiting myself to 2 a day except for my regular paying customers whom I do my damnedest to answer the same day.  And, if I have already answered one of yours free in the last six months, it is unlikely that the system will let you through with another free one now. And, if i have not answered a client's question within 48 hours, it is unlikely that it survived the filters and you should resend it or phone (604) 980-0321 to point out that you are a client and that this is one of your two follow-up questions. 

If you are not an existing client and decide to retain me to answer your question(s), please be advised that I have a minimum charge of $450 Canadian (plus GST if in Canada - as shown in the suggested price guidelines in RED below.  Please call Gillian Bryan at (604) 980-0321 to set up a phone consultation time.  She will ask you to email your question again (likely with more detail since you are paying for it) to myself taxman@centa.com and her at gillian@centa.com and Gillian will set up a phone consultation time for us to talk.

I am, however, adding your name to our Q & A list and another question may answer yours. AND, I have answered over 8,000 questions at http://www2.jurock.com/askexpert/expert.asp?aid=121&cid=63 or www.centa.com  (see the archives) and you should be / might be able to find your answer by going there or  more specifically, to http://www.centa.com/search.htm
(To be removed from that list, reply to taxman@centa.com with 'Please Remove' in the Subject)

However, if you can not find your answer at the site, answers to this and other similar  questions can be obtained 'FREE' on Air on most Sunday mornings and always on the last Sunday morning of each month
 
On the last Sunday from 9:00 AM to 10:30 AM on 600AM in Vancouver, david ingram will be  a  guest on Fred Snyder of Dundee Wealth Management's Radio Program, "It's YOUR Money". If you are not in the Vancouver Area, you can still hear it live (or in archives for four weeks) at www.600am.com.
 
Calls to the show can be made to (604) 280-0600 - The long distance line is free throughout BC only at (866) 778-0600.
 
Callers to the Show can also come out on Thursday night to one of our free seminars. Each one of the 2 1/2 hour seminars devotes at least 20 minutes to mortgaging and making all interest deductible

Every Thursday Evening, Fred Snyder of Dundee Wealth Management conducts one of 23 different financial seminars at his office

Time:    7:00 to 9:30 PM
Date:    Every Thursday evening
Place    1764 West Seventh
             Vancouver (corner of Burrard)

Phone (604) 731-8900 to register and there is usually a Noon hour seminar as well.   At the noon hour seminar, Fred even provides Sandwiches and coffee.

No cost - no obligation

Topics always cover mortgage interest as a deduction

other topics - getting the mortgage, estate planning, critical care insurance, income taxation (3 nights), differences between stocks and bonds, and usually the most innovative HELOC mortgage offered in Canada from Manulife Bank as presented by Stuart Rodger  of Manulife (604) 351-6133,
 
Those on Vancouver Island can attend Ralph Hahmann's Tuesday Evening Seminars on McKenzie Avenue in Victoria. (250) 472-0700.Ralph is also with Dundee Wealth Management and is a specialist in Pension Payouts and the co-author of the best selling book, "the Pension Paradigm:.


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

SUGGESTED PRICE GUIDLELINES - April 26, 2008

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 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) expert  US Canada Canadian American  Mexican Income Tax  service help.
pert  US Canada Canadian American  Mexican Income Tax  service and help.
David Ingram gives expert income tax service & immigration help to non-resident Americans & Canadians from New York to California to Mexico  family, estate, income trust trusts Cross border, dual citizen - out of country investments are all handled with competence & authority.
 
Phone consultations are $450 for 15 minutes to 50 minutes (professional hour). Please note that GST is added if product remains in Canada or is to be returned to Canada or a phone consultation is in Canada. ($472.50 with GST if in Canada) expert  US Canada Canadian American  Mexican Income Tax  service and help.
This is not intended to be definitive but in general I am quoting $900 to $3,000 for a dual country tax return.

$900 would be one T4 slip one W2 slip one or two interest slips and you lived in one country only (but were filing both countries) - no self employment or rentals or capital gains - you did not move into or out of the country in this year.
 
$1,200 would be the same with one rental
 
$1,300 would be the same with one business no rental
 
$1,300 would be the minimum with a move in or out of the country. These are complicated because of the back and forth foreign tax credits. - The IRS says a foreign tax credit takes 1 hour and 53 minutes.
 
$1,600 would be the minimum with a rental or two in the country you do not live in or a rental and a business and foreign tax credits  no move in or out

$1,700 would be for two people with income from two countries

$3,000 would be all of the above and you moved in and out of the country.
 
This is just a guideline for US / Canadian returns
 
We will still prepare Canadian only (lives in Canada, no US connection period) with two or three slips and no capital gains, etc. for $200.00 up. However, if you have a stack of 1099, or T3 or T4A or T5 or K1 reporting forms, expect to pay an average of $10.00 each with up to $50.00 for a K1 or T5013 or T5008 or T101 --- Income trusts with amounts in box 42 are an even larger problem and will be more expensive. - i.e. 20 information slips will be at least $350.00
 
With a Rental for $400, two or three rentals for $550 to $700 (i.e. $150 per rental) First year Rental - plus $250.
 
A Business for $400 - Rental and business likely $550 to $700
 
And an American only (lives in the US with no Canadian income or filing period) with about the same things in the same range with a little bit more if there is a state return.
 
Moving in or out of the country or part year earnings in the US will ALWAYS be $900 and up.
 
TDF 90-22.1 forms are $50 for the first and $25.00 each after that when part of a tax return.
 
8891 forms are generally $50.00 to $100.00 each.
 
18 RRSPs would be $900.00 - (maybe amalgamate a couple)
 
Capital gains *sales)  are likely $50.00 for the first and $20.00 each after that.

Catch - up returns for the US where we use the Canadian return as a guide for seven years at a time will be from $150 to $600.00 per year depending upon numbers of bank accounts, RRSP's, existence of rental houses, self employment, etc. Note that these returns tend to be informational rather than taxable.  In fact, if there are children involved, we usually get refunds of $1,000 per child per year for 3 years.  We have done several catch-ups where the client has received as much as $6,000 back for an $1,800 bill and one recently with 6 children is resulting in over $12,000 refund. 

Email and Faxed information is convenient for the sender but very time consuming and hard to keep track of when they come in multiple files.  As of May 1, 2008, we will charge or be charging a surcharge for information that comes in more than two files.  It can take us a valuable hour or more  to try and put together the file when someone sends 10 emails or 15 attachments, etc. We had one return with over 50 faxes and emails for instance. 

This is a guideline not etched in stone.  If you do your own TDF-90 forms, it is to your advantage. However, if we put them in the first year, the computer carries them forward beautifully.
 






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