Surrendering Resident Alien GREEN Card and Income Tax - Terry Preshaw -
My_question_is: Applicable to both US and
Canada
Subject: Surrendering Resident Alien Green Card and Income Tax
Expert: [email protected]
Date: Wednesday January 23, 2008
Time: 01:12 AM -0000
QUESTION:
To Whom It May Concern:
On January 16th I had an appointment to renew my Nexus membership. During my interview at the USA enrollment center at the Vancouver International Airport, the officer asked me if I ever lived or worked in the United States, I said "yes, I lived in Reno, Nevada, but that was many years ago". The officer asked me what my status was, I told him that I was a Resident Alien. He asked me if I had handed in my card. I told him "No". He asked me if I had the card on me. I told him No, that I think the card was destroyed. (I have torn my house apart for the last few days, and I have found my Resident Alien Card.) The officer started searching his computer and found me as an "Active Resident Alien." The officer continued to process my Nexus membership and gave me the Nexus card, but told me that the card is not active until I go to the USA border and fill out an I 407 form, then take this form to the Nexus office in Blaine, Washington, to prove that I have surrendered my Resident Alien Card, then the USA Nexus will activate my Nexus membership.
I am a Canadian Citizen and how I acquired the Resident Alien Card, was that I married an American Citizen back in December 25, 1983, in Reno, Nevada. After we were married I came back to Canada to quite my job. My husband came to Canada within 2 weeks after we were married, to help me start the process of me moving to the United States. I legally entered into the United States on January 20, 1984. We lived and worked in Reno for just over a year and then moved to Bellingham, Washington in the summer of 1985. I left the marriage in January 1987 and moved back to Canada. I filed for divorce and it was granted Sept 11, 1989. I was on Social Assistance in Canada until I went back to work on Sept 5, 1989 and am still employed. I married again on June 19, 1993. I am still married.
I have a few concerns.
1. What is a I 407 form?
2. Should I have been filing income tax all these years, to the United States since I am an "active resident alien"?
I believe the last time I filed income tax with the United States was for tax year 1986 or 1987. I have been filing Canadian Income tax since I came back to Canada.
3. Is there anything else that I should know about?
Regards,
------------------------------------------------------------------------Subject: Surrendering Resident Alien Green Card and Income Tax
Expert: [email protected]
Date: Wednesday January 23, 2008
Time: 01:12 AM -0000
QUESTION:
To Whom It May Concern:
On January 16th I had an appointment to renew my Nexus membership. During my interview at the USA enrollment center at the Vancouver International Airport, the officer asked me if I ever lived or worked in the United States, I said "yes, I lived in Reno, Nevada, but that was many years ago". The officer asked me what my status was, I told him that I was a Resident Alien. He asked me if I had handed in my card. I told him "No". He asked me if I had the card on me. I told him No, that I think the card was destroyed. (I have torn my house apart for the last few days, and I have found my Resident Alien Card.) The officer started searching his computer and found me as an "Active Resident Alien." The officer continued to process my Nexus membership and gave me the Nexus card, but told me that the card is not active until I go to the USA border and fill out an I 407 form, then take this form to the Nexus office in Blaine, Washington, to prove that I have surrendered my Resident Alien Card, then the USA Nexus will activate my Nexus membership.
I am a Canadian Citizen and how I acquired the Resident Alien Card, was that I married an American Citizen back in December 25, 1983, in Reno, Nevada. After we were married I came back to Canada to quite my job. My husband came to Canada within 2 weeks after we were married, to help me start the process of me moving to the United States. I legally entered into the United States on January 20, 1984. We lived and worked in Reno for just over a year and then moved to Bellingham, Washington in the summer of 1985. I left the marriage in January 1987 and moved back to Canada. I filed for divorce and it was granted Sept 11, 1989. I was on Social Assistance in Canada until I went back to work on Sept 5, 1989 and am still employed. I married again on June 19, 1993. I am still married.
I have a few concerns.
1. What is a I 407 form?
2. Should I have been filing income tax all these years, to the United States since I am an "active resident alien"?
I believe the last time I filed income tax with the United States was for tax year 1986 or 1987. I have been filing Canadian Income tax since I came back to Canada.
3. Is there anything else that I should know about?
Regards,
david ingram replies:
1. The !-407 is a form requesting the USCIS to accept the abandonmrent of your US resident Alien status.
You can find the form at http://toronto.usconsulate.gov/content/visas/pdfs/I-407.pdf
You might want to read the front page instuctions at the US Embassy in Toronto http://toronto.usconsulate.gov/content/textonly.asp?section=visas&subsection1=&subsection2=&document=imm_services
The US Embassy in London has slightly different instructions at
http://london.usembassy.gov/dhs/uscis/abandon.html
2. While you were the holder of a green card, you should have been filing US tax returns. However it is clear that you abandoned your status and should fill the I-407 form out that way. The link is a fillable form and you can fill in the blanks on the copmputer. If you are asked for the returns to be filled in, we can do that for you.
3. Well, you might decide you want to file the returns as you should have been doing and move back to the US. There are people who would pay you $100,000 to $1,000,000 if it was transferable. If you have children, there were actually US tax trefunds you could have had for the last seven years.
You might want to talk to a good US immigration lawyer before you surrender it if you do want to move back.
Terry Preshaw at (425) 259-1807 is a dual citizen US immigration lawyer with offices in Vancouver and Everett. Terry is/was a part time beekeeper, fossil hunter, adventure traveller, actress and photographer with exhibits. An all round person you might say.
You can see her law practice at www.crossbordervisas.com/trry.htm
and her 'other' life at: www.primordiaproductions.com
good luck
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On December 25, 2007, David Ingram
wrote:
It is very unlikely that blind or unexpected email to me will be answered. I receive anywhere from 100 to 700 unsolicited emails a day and usually answer anywhere from 2 to 20 if they are not from existing clients. Existing clients are advised to put their 'name and PAYING CUSTOMER' in the subject line and get answered first. I also refuse to be a slave to email and do not look at it every day and have never ever looked at it when I am out of town. e bankruptcy expert US Canada Canadian American Mexican Income Tax service and help
However, I regularly search for the words"PAYING CUSTOMER" and
always answer them first if they did not get spammed out. For the last two
weeks, I have just found out that my own email notes to myself have been spammed
out and as an example, as I write this on Dec 25, 2007 since June 16th, my
'spammed out' box has 47,941 unread messages, my deleted box has 16645 I have
actually looked at and deleted and I have actually answered 1234 email questions
for clients and strangers without sending a bill. I have also put aside
847 messages that I am maybe going to try and answer because they look
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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.
$1,700 would be for two people with income from two countries
Catch - up returns for the US where we use the Canadian return as a guide for seven years at a time will be $150 to $500.00 per year depending upon numbers of bank accounts, RRSP's, existence of rental houses, self employment, etc.
Just a guideline not etched in stone.
David Ingram expert income tax service and immigration help and preparation of US Canada Mexico non-resident and cross border returns with rental dividend wages self-employed and royalty foreign tax credits family estate trust trusts income tax convention treaty advice on bankruptcy
It is very unlikely that blind or unexpected email to me will be answered. I receive anywhere from 100 to 700 unsolicited emails a day and usually answer anywhere from 2 to 20 if they are not from existing clients. Existing clients are advised to put their 'name and PAYING CUSTOMER' in the subject line and get answered first. I also refuse to be a slave to email and do not look at it every day and have never ever looked at it when I am out of town. e bankruptcy expert US Canada Canadian American Mexican Income Tax service and help
Therefore, if an email is not answered in 24 to 36 hours,
it is likely lost in space. You can try and
resend it but if important AND YOU TRULY WANT OR NEED AN ANSWER from 'me', you
will have to phone to make an appointment. Gillian Bryan generally accepts
appointment requests for me between 10:30 AM and 4:00 PM Monday to Friday
VANCOUVER (Seattle, Portland, Los Angeles) time at (604) 980-0321.
david ingram
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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.
Disclaimer: This question has been answered without detailed
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Canada Canadian American Mexican Income Tax service and
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Phone consultations are $400 for 15
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This is not intended to be definitive but in
general I am quoting $900 to $2,900 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.
$1,100 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
$2,900 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.
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 $150 to $500.00 per year depending upon numbers of bank accounts, RRSP's, existence of rental houses, self employment, etc.
Just a guideline not etched in stone.
This from "ask an income trusts tax service 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,
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