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QUESTION:
My fiance and i both live here in US, he's a canadian citizen and is here on TN status and i'm on H1B status. If we get married here in US will i get canadian spouse status and if i do how do i go about it
Thanks in advance
SXXXXXXXXX
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david ingram replies:
Whatever you do - do NOT get married before ytour fiancee has an H1B as well. A TN is NOT a dual intent working status.
The possession of a TN implies that the holder is only intending to be in the US for a period of less than one year although it can be renewed.
If a US border person finds out that the TN holder intends to stay in the US for more than a year, the US Border Person is honor bound to reject the TN holder for admission to the United States.
So:
1. Fiancee gets an H1B
2. Then you get married.
3. You both apply for Residnt Alien status.
4. You decide whether to become US citizens.
5. A marriage in the United States is recognized everywhere inthe world. You do not have to do anything to acquire Canadian Spouse status.
In fact, if you have been living together for a year, you already have Canadian Spouse status as a common-law spouse. Canada has the most liberal laws in the developed world when it comes to marriage and the status of a spouse.
I just realized that "you": may not be a Canadian citizen and that might be the reason for the question about Canadian spouse status. If that is the case, you will need to follow the following rules which will be slightly different, depending upon the your citizenship there are slightly different procedures which are country sensitive. See number "14" in the following for the correct guide you need.
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/3901e.pdf
This is a "different" guide used for sponsoring a UK citizen spouse into Canada 3901E
(also for 36 other Western Europe Countries from Slovenia to Iceland (on cover)
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 Permanet 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 or Western Europe. 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
14 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. Although specifically geared to the United States, this section contains references to Saudi Arabia, Great Britain, Libya and shows the way Canada taxes people from other countries. Article IV of the US / Canada Tax treaty is also there and reads "just about" identically to another 100 + countries that Canada has treaties with.
.
David Ingram's US/Canada Services
US / Canada / Mexico tax and working Visa Specialists
US / Canada Real Estate Specialists
4466 Prospect Road
North Vancouver, BC, CANADA, V7N 3L7
Res (604) 980-3578 Cell (604) 657-8451
(604) 980-0321
New email to [email protected]
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 in connection with personal or business affairs such as at www.centa.com. If you forward this message, this disclaimer must be included."
Be ALERT, the world needs more "lerts"
This from "ask an income tax and immigration expert" from www.centa.com or www.jurock.com or www.featureweb.com. Canadian David Ingram deals daily with tax returns dealing with expatriate:
multi jurisdictional cross and trans border expatriate problems for the United States, Canada, Mexico, Great Britain, the United Kingdom, Kuwait, Dubai, Saudi Arabia, Thailand, Indonesia, Japan, China, New Zealand, France, Germany, Spain, Italy, Russia, Georgia, Brazil, Peru, Ecuador, Bolivia, Scotland, Ireland, Hawaii, Florida, Montana, Morocco, Israel, Iraq, Iran, India, Pakistan, Afghanistan, Mali, Bangkok, Greenland, Iceland, Cuba, Bahamas, Bermuda, Barbados, St Vincent, Grenada,, Virgin Islands, US, UK, GB, American and Canadian and Mexican and any of the 43 states with state tax returns, etc.
Your name has been added to our email list because of an enquiry we have received, we may not answer your question but
another similar question will be as we lump them.
You may find more answers at www.centa.com
David Ingram of the CEN-TA REALTY Group
US / Canada / Mexico tax and working Visa Specialists
US / Canada Real Estate Specialists
North Vancouver, BC, CANADA, V7T 1A2
(604) 980-0321 - Fax 913-9123 [email protected]
www.centa.com www.david-ingram.com
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