US Immigration - Greg Siskind Joe Grasmick - international non-resident cross border income tax help estate family trust assista

My_question_is: US-specific
Subject:        US Immigration
Expert:         [email protected]
Date:           Monday March 05, 2007
Time:           05:19 PM -0500

QUESTION:

Hello,
My name is xxxx xxxxxxx - American Citizen.  I've been married to my wife for 5 years, she is Canadaian citizen and we have 2 children born in the US.  She traveled many times to Canada and returned without any problem but she was denied entry when she tried to come back from last trip.  I filed I824 to tranfer her approved I130 application to US consulate in Canada.

Are we going to have any problems with her papers when she is ready for the interview?  I really don't have any proof to show that she did not stay in the US less then 180 days at a time because we travel to Buffalo and cross the border by car.  INS did not stamp her passport every time she leaves and re-enter the US.

My kids need to come back to school and we are in desparate situation and I don't have money to spend on lawyers.  Please, Please advice just for the sake of my honest children.

Sincerly,
_____________________________________________________
 
david ingram replies:

Sorry, but I am not the person to deal with.  Under the circumstances you need a good lawyer, a member of the AILA (American immigration Lawyers Association) or very good luck in dealing with it yourself.

It souimds like she has been in the US for years illegally and Homeland Security does not  like that.
 
Although it sounds like she is/has been returning to Canda every six ,months and then turning around and re-entering, that in itself is not even remotely legal if she sdoes not have a full blown home in Canada.  To be a "paperless" visa B1 or B2 visitor to the US, a Canadian MUST have a full blown home in Canada, not just a mailing address or a room at their mother's or brother's home.  They need to be able to show their Canadian Income, their Canadian rent or mortgage and tax receipts.  They need a phone bill and heat and light bills.  They need to be a member of their Canadian medical plan and have their valid Canadian Driver's licence (and not a US one).
 
The driver's licence is a big item because if they are in the US and driving their husband's US car for instance and are in an accident, if they do not hafve a local valid licence, the insurance can be declared invalid.
 
They should have copies of all o fthe above plus copies of their Canadian Income Tax return every time they cross the border.
 
Without al of this, they can be turned back until they can come up with it and that sounds to me to be the case with your wife. 
 
Don't get me wrong.  You have my sympathy and my empathy.  My aunt who lived in Minneaplolis and who would be over 120 now, lived in the US for forty years doing exactly what your wife has being doing,  before she was caught.
 
You should contact Joe Grasmick at www.grasmick.com or Greg Siskid at www.visalaw.com.  Both have extensive experience with Canadian Immigration to the US.

Both are set up to do phone consultations and can follow up later with Homeland Security..  Greg Siskind has an associate office in Toronto.
 _______________________________________________________________________________________
david ingram wrote:
---------------------------------------------------------------------------------------------------------------
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)
 
 
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 for expert help, assistance, preparation, or consultation  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"
 
David Ingram gives expert income tax & 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 $400 for 15 minutes to 50 minutes (professional hour). Please note that GST is added if product remains in Canada or a phone consultation is in Canada.
 
This is not intended to be definitive but in general I am quoting $800 to $2,800 for a dual country tax return.
 
$800 would be one T4 slip one W2 slip one or two interest slips and you lived in one country only - no self employment or rentals or capital gains - you did not move into or out of the country in this year.
 
$1,000 would be the same with one rental
 
$1,200 would be the same with one business no rental
 
$1,200 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.
 
$1,500 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

$1,600 would be for two people with income from two countries

$2,800 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 $150.00 up.
 
With a Rental for $350
 
A Business for $350 - Rental and business likely $450
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 $800 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.
 
Just a guideline not etched in stone. 
 
This from "ask an income trusts tax and immigration expert" from www.centa.com or www.jurock.com or www.featureweb.com. David Ingram deals on a daily basis with expatriate tax returns with multi jurisdictional cross and trans border expatriate problems  for the United States, Canada, Mexico, Great Britain, 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, and any of the 43 states with state tax returns, etc. Rockwall, Dallas, San Antonio Houston, Denmark, Finland, Sweden Norway Bulgaria Croatia Income Tax and Immigration Tips, Income Tax  Immigration Wizard Antarctica Rwanda Guru  Consultant Specialist Section 216(4) 216(1) NR6 NR-6 NR 6 Non-Resident Real Estate tax specialist expert preparer expatriate anti money laundering money seasoning FINTRAC E677 E667 105 106 TDF-90 Reporting $10,000 cross border transactions Grand Cayman Aruba Zimbabwe South Africa Namibia help USA US Income Tax Convention

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