QUESTION:
my wife and me are both canadian PR - my wife works in US on H1B - Everyone
suggests that we file a 1040NR in the US and declare world income in canada.
Also pls note we have been living n he US for the last 5 years and recently
moved to canada.
My question is
if we file 1040NR in US then
1. My wife is due for a H1B extension - will it affect that in any way
2. My wife's company has filed a PERM (GC) for her - will it affect that in
any way.
3.Any other tax issues that will affect immigration situation in both
countries ?
========================================
david ingram replies:
You are going to have to make up your mind where you are going to live.
If your wife is going through the PERM / green card process in the US it is
counter-productive although not unknown. I have personally had two
immigrant assistants who worked for me, received their Canadian citizenship
while working for me and left for the US within weeks.
I also have clients where the hubby lives in Canada and the wife in the US
or vice versa because they have been caught up in the system. For instance,
I can almost guarantee that "you" will get your Canadian citizenship and
your wife will get her US citizenship and then you will decide who is going
to sponsor who into the other country.
If your wife is in the US and working in the US and has a PERM application,
she must file a US 1040 and report her world income. Although she could be
considered a factual resident of Canada, her time in the US on an H1B does
NOT count as time toward her Canadian PR requirements or her days in Canada
for Canadian citizenship.
The good news is that she can file a joint US return with you and save a lot
of tax. If she files a Canadian return as a factual resident, she should
exempt all US income on line 256.
You should file a Canadian return as a resident and, of course will also be
part of your wife's US 1040.
Your income will be exempted on your wife's joint return.
You should likely hire someone like us to do these returns for you.
----------------------------
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