U.S. immigration Sponsoring a Spouse - , client of
This is / was the only one answered today - you might want to
save it if you are considering moving to the USA, have friend, etc, etc.,
We are writing to you because we
are considering moving back to the U.S.
We are a family
of four. My husband, xxxxxxxs a Canadian citizen by birth; I am a
U.S. citizen by birth, and have been a permanent resident of Canada since
2005. We got married in 2000. We have 2 daughters -xxxx na (born
in 2003 in the USA - she is a U.S. passport holder), and
xxxxxxxxxxxx (born 2006, in Canada and a Canadian passport
We would like to move to the U.S. by Christmas of this
Other than the I-130 form (petition
for alien relative), and the G-325 (biographic information) what other forms do
we need to fill out?
At what point can my
husband start (a) seeking employment, and (b) start
How long will it take for his
petition/Visa to be approved?
Thank you so much for your
I am not a lawyer and not a member of the
American Immigration Lawyers Association.
What I am sending to has been
distributed many times and I believe it to be true but if you have any serious
questions, they should be directed to a US immigration attorney such as Terry
Preshaw at http://www.crossbordervisas.com/trry.htm
David Andersson at - http://www.whoswholegal.com/firms/6194/andersson-cross-border-law-corporation
the record, You are not going to get to the US for Xmas unless you just go for a
vacation and stay there and apply from within. That is NOT something I
recommend because you would be willfully violating US immigration laws if you
crossed the border with yiour Canadian husband with the intention of staying and
it is my opinion that it would likely take you longer to get his green card
under those terms.
PLUS, if you went that route, he could not work
until the green card was issued and that could easily take 18 months.
you apply from Vancouver, you submit the I-130 to the Vancouver
office. However, your actual interviews, etc, will take place in
You can, if you wish, also mail your paperwork to Vermont.
Again, I recommend that you do not do so.
GO TO http://www.consular.canada.usembassy.gov/immigration_usa_relative.asp
for a USCIS explanation of what you need.
born daughter is also a US citizen and your US born daughter is also a
Canadian citizen. I recommend that you get both daughters their alternate
passports as soon as possible..
Another complication is that for you to
sponsor your husband, you should have earned $25,000 or so a year. You are
not close to qualifying by income tests. However, depending upon your
assets, you may be able to qualify but you may find you need to find a US
relative to be a co-sponsor for you.
own application for Canadian Citizenship. There is absolutely NO
disadvantage to your being a Canadian citizen. It means you can come back
to Canada at any time without proving your status as a Permanent Resident and
without having to live with your husband if something goes wrong with the
While youare waiting out your Canadian citizenshgip, you can
get your husband's gren card at your leisure. It will take you at least a year
to get his paperwork through so that he can just go down as a green card holder
In the meantime, while he is waiting, he can continue to make
his good income in Canada and maybe you can increase your income with a full
time job for a year and a half and be in a better position to sponsor him
withoiut depending upon a co-sponsor .
Also, be advised that while he is
applying for a green card, he can NOT cross the US border in either
Another possibility is that he gets
another job visa to go down as I assume he had when you were married and your
daughter was born in Scottsdale.
If he was there on a working visa and
you decided to apply from within the US, the process could be simpler while he
is working and you do not have the time constraints.
However, I still
recommend that you get YOUR Canadian citizenship first.,
older question will likely help you as well.
I am an American on a NAFTA work
permit stationed at an office in Vancouver since 2003.
My legal residence is in Seattle, WA I recently
purchased a home in Bellingham and I will close the transaction at the end of
Last year, I married a Canadian
citizen, and I am about to send K-3 forms in to the US Immigration in Kansas
City in order that I can bring my spouse over.
According to the
US immigration site, these forms
expedite the moving of a spouse. Do you have any experience with these
forms? If so, can you review for accuracy? Please advise.
I apologize for just getting at this now. It was buried in
some 2,000 emails which I have finally got to as our June 30th season winds to a
Bellingham is a neat place. I am looking at 4 steel
Chile Pepper plates from the Mexican Restaurant that I bought when I was
down there on June 18th.
BACK TO YOUR Question
Realize that from
the time you submit your forms, your wife can NOT cross the border either
way. If she is in the US when you file them, she can not come back to
Canada for any reason until the paperwork is done and the green card is issued.
(there is an exception if something particularly important comes up - she can
apply for an advance parole on an individual basis at a cost of
See general directions for form I-131 at:
See the actual form I-131 at - http://www.uscis.gov/files/form/I-131.pdf
If she is in Canada when you file your I-130 Application for your wife,
them, she can not go into the US either. When applying from Vancouver if
she is in Canada, the paperwork ends up being conducted through the Montreal
I am assuming that the paperwork has gone already. If it
has not, I would be glad to look it over for you.
The following is a list
of the forms that you will likely need (everything but the poverty guidelines)
You can find all of the forms at: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
Start off with form I-130 Petition for an Alien relative (this is after a
If you decide to go the fiancée route, he has to apply from out of the US
and can NOT cross the border back to the US until it is approved, use form
At some point you will need G-325 For his Biographic
Or you might need G-325-A instead - http://www.uscis.gov/files/form/g-325a.pdf
He will need an I-683 - Medial certificate
You will need an I-134 - Affidavit of Support
I-864 - Or another Affidavit of support - If you do not work, you will
need a relative to co-sponsor or use other household income and
I-864A - contract between yourself and household member
You will want to read this for the poverty guidelines
Form I-864-P -
extra instructions at
Employment authorization I-765
extra instructions - Family Unity is Number
274a.12(a)(13) here (Family Unity)
Hope this helps.
In the meantime, I hope that you are getting your
US returns done properly and filing form T D F 90-22.1. These are only
necessary if you had more than $10,000 in Canadian accounts at any time in
2006. If you had an RRSP account, you also need to file form 8891 for each
RRSP. See the following older
I understand your rates. I wish to find out if
you have any experience in dealing with the following issue.
A first-time filer, US citizen by birth only, 42
years old, trying to determine what non US accounts need to be reported to the
Treasury Department and what the possibility is of leniency in the case of
penalties on RRSP and such accounts, which were never before
As background, I am a dutiful tax payer on the
Canadian front, totally by the book. I was ignorant of the full impact of
delaying my US tax returns (I thought real estate would be my only issue).
I intend to renounce my US citizen (and have an appointment to do so) on July
27. I cannot get an appointment any sooner.
I have a tax preparer in the US who deals with Ex Pat
issues, but is not terribly familiar with Canadian situations. He has
prepared ten years' worth of returns for me but when preparing the Treasury
Forms and looking into the background, and at Form 8891, he became concerned
that I should seek advice from someone more familiar with actual practice in
If you have experience of feel you can substantially
guide me, I would like to call you and engage your services for the 15-50 minute
time period. I live in Vancouver and will of course provide more of my
With your occupation as a XXXXXXXXXXXX, I can NOT even
begin to understand why you would renounce your US citizenship.
you ever intend to visit the US again, do NOT renounce your US
citizenship. If you are doing so to avoid having to file Income tax
returns, you are banned from entering the US for life AND are still liable to
file US tax returns for ten more years PLUS are subject to capital gains tax on
your assets as everything is deemed sold upon your relinguishing your
The most common and most important ex-pat forms after the
TDF 90-22.1 Treasury forms and the rules for their preparation are the
same, no matter which of the 265 countries you may be living in. In
addition, the rules are the same for any US resident who may have an account in
If your US preparer has 'any' question about the
treasury forms, he or she is NOT an experienced preparer of EX-PAT tax
The form 8891 is a substitute for form 3520 which applies to
ex-Pats who live in any other country other than Canada. An EX-PAT
preparer would know how to fill in the 8 page 3520 which applies to retirement
accounts in any country. If he or she has any problem with the one page
8891, the same situation applies. In my opinion, the person has NO
credible ex-pat experience.
We provide the services you require. If
you have not done so already, You should read my Oct 95 newsletter (nothing new)
which deals with just what you need to do as a US citizen in Canada (top ;left
hand box at www.centa.com).
Then you should read the US/Canada Taxation section in the second box
down on the right hand side.
Then you should read the Oct 93 newsletter
on dual citizenship.
If you would like to talk to me, call Gillian Bryan
at (604) 980-0321 Monday to Friday between 10 AM and 4 PM. If you come to
see me, bring in the Dec 31 2005 and Dec 31 2006 year end statements for any
RRSP accounts you have and bring in a list of all of your Canadian financial
accounts including life insurance policies, trust company accounts, Credit Union
accounts, Bank Accounts, Securities accounts, RRSP accounts and even a girl
guide, church, brownie or company account you have signing authority over
I will need the highest balance in 2006 (to the nearest $10,000 or so).
Rather than just talk, we can likely get the reporting done in the
SUGGESTED PRICE GUIDELINES - Aug 5,
david ingram's US / Canada Services
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
Cell (604) 657-8451 -
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) expert US Canada Canadian American Mexican Income
Tax service help.
pert US Canada Canadian American
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David Ingram gives expert income
tax service & 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 &
consultations are $450 for 15 minutes to 50 minutes (professional hour). Please
note that GST is added if product remains in Canada or is to be returned to
Canada or a phone consultation is in Canada. ($472.50 with GST for in person or
if you are on the telephone in Canada) expert US Canada Canadian American Mexican Income
Tax service and help.
This is not intended to be definitive but in
general I am quoting $900 to $3,000 for a dual country tax
$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.
$1,200 would be the same with one rental
$1,300 would be the same with one business no
$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
$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
$3,000 would be all of the above and you moved in
and out of the country.
This is just a guideline for US / Canadian
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.
However, if you have a stack of 1099, or T3 or T4A or T5 or K1 reporting forms,
expect to pay an average of $10.00 each with up to $50.00 for a K1 or T5013 or
T5008 or T101 --- Income trusts with amounts in box 42 are an even larger
problem and will be more expensive. - i.e. 20
information slips will be at least $350.00
With a Rental for $400, two or three rentals for
$550 to $700 (i.e. $150 per rental) First year Rental - plus
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
18 RRSPs would be $900.00 - (maybe amalgamate a
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 from $150 to
$600.00 per year depending upon numbers of bank accounts, RRSP's, existence of
rental houses, self employment, etc. Note that these returns tend to be
informational rather than taxable. In fact, if there are children
involved, we usually get refunds of $1,000 per child per year for 3 years.
We have done several catch-ups where the client has received as much as $6,000
back for an $1,800 bill and one recently with 6 children is resulting in over
Email and Faxed information is convenient for the
sender but very time consuming and hard to keep track of when they come in
multiple files. As of May 1, 2008, we will charge or be charging a
surcharge for information that comes in more than two files. It can take
us a valuable hour or more to try and put together the file when someone
sends 10 emails or 15 attachments, etc. We had one return with over 50 faxes and
emails for instance.
This is a guideline not etched
in stone. If you do your own TDF-90 forms, it
is to your advantage. However, if we put them in the first year, the computer
carries them forward beautifully.
--IRS Circular 230
Disclosure: To ensure
compliance with requirements imposed by the IRS, please be advised that any U.S.
tax advice contained in this communication (including any attachments) is not
intended or written to be used or relied upon, and cannot be used or relied
upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code,
or (ii) promoting, marketing or recommending to another party any transaction or
matter addressed herein.--
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construed as advice in any particular circumstances. No contract exists between
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denied. All readers should obtain formal advice from a competent and
appropriately qualified legal practitioner or tax specialist
for expert help, assistance, preparation,
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CEN-TA Cross Border Services - Tax, Visas, Immigration