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QUESTION: I am a Canadian citizen working on a TN visa (green card on it's way) in Missouri. I live in an apartment, but bought a home back in Nova Scotia (it is in my name and my brother's name.. he lives there and I pay the mortgage). I have spent more than 14 days living in this house last year, while on vacation. Do I qualify to deduct the mortgage interest I've paid as a 1st or 2nd home?
Thanks,
KXXXXXXXXXX
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david ingram replies:
Yep, you can deduct the Nova Scotia mortgage interest AND the property taxes as itemized deductions on schedule A.
However, if you have a TN as well as your green card application in place, DO NOT LEAVE THE USA until you have your green card in your hands.
No one should try and go from a TN to a green card. You should get an H1B first. Any homeland security officer worth his or her salt will not allow you back into the US with a TN visa if you have a green card application pending.
And yes, I know people who have done it (two). And I know a dozen or more that have had their TN cancelled.
A TN is not a dual intent visa. An H1 or L1 are. In other words it is perfectly acceptable to apply for your green card with an H1 or L1 but not with a TN.
A TN applicant is accepting a one year term and is stating that he or she has no intention of staying for more than a year at the time of issue. Applying for a green card is violating the terms of the TN. Anyone who is intending to skip the H1(in between) process should renew their TN by mail and not go near the US/Canada border or more importantly, the US/Mexico border since there is a far bigger chance of losing it at the southern border than the northern border.
Answers to this and other similar questions can be obtained free on Air every Sunday morning.
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