Sponsoring American Husband into Canada -


 
Hi David...reference our brief call this afternoon........and this evening
 
 I like to give you an overview of a "situation"
 
Our daughter (37 years old) is moving back to Canada with her two kids ages 10 & 12 along with her American husband.  She was in the USA and got pregnant and came back to Canada to have her daughter (now 12) went back down with her and later had her son (again in Canada - now 10). 
 
She is married to an American but she nor the kids never got US status.  I know that she misses being back home in Vancouver and I think that is the main reason for her to return here.
 
They live in XXXXXXXX but the job market is terrible.  He was a sales manager for a major marketer of XXXXXXXXXXXXXXX but that market is "dead".  Several years ago he was, but still holds his license, as an health professional as an X-Ray technician and plans to upgrade his skills to current standards over the next several months in the US.
 
They plan to arrive late in June after the kids finish school (both are grade A students).
 
What or who do you think should provide advice as to their relocation in Vancouver and all that is involved with him immigrating to and working in Canada.
 
xxxx xxxxxxxx
---------------------------------------------------
david ingram replies

1,   The children are US citizens because their father was / is an American.  No ifs and or buts.

2.  From the description you gave, it is not possible for your daughter to sponsor her husband from out of the country because she has not been working and can not show that she has the income to support him.

However, if they happened to be in Canada already visiting you or something and decided to stay at that time, she can sponsor him without a means test,

The following information has all the paperwork they need to do it.

It has some other questions and answers and they should be able to get started and finish with these forms.

On another note, it will be some time before he gets a work permit unless he finds someone who needs his services very quickly.  With the current unemployment situation developing here, It is unlikely that his services are going to be necessary enough for an employer to go to that effort.

He should, however be able to commute to Point Roberts or Blaine / Bellingham and work in the states while the process is going on..

david
--------------------------------------
My husband is a British Citizen with a US GREEN CARD and I am a Canadian
citizen with a US Green Card. 
 
His job takes him to Canada three or four times a month and he works close enough to the border
in the US to commute and I need Canadian medical.
 
We want to move to Canada but he does not want to give up his British Passport.
---------------------------------------------
david ingram replies:
 
Because i know what your husband does, being a Canadian PR would be an advantage to him.  At the
same time, before he moves out of the USA, 'HE' at least should become a US citizen.  He can do
that easily whereas you can not because of the time you have been spending in Canada.
 
He can, however, also change his existing green card to what is known as a 'commuter' green card and move to Canada without taking out US citizenship.  However, nothing stops him from being a British, US and Canadian
citizen at the same time.  Go to my October 1993 newsletter in the top left hand box at www.centa.com to find the newsletter.
 
You can also keep your green card just in case you do want to go back. Go to the United States Citizenship and Immigration Service (USCIS) site at:
 
 
You HAVE to fill this form out BEFORE leaving the USA and it requires biometrics, etc.
 
This older question will give you the answer as to how to import the fine fellow.
 
Note that at the moment, you would use the instructions in the 1.i guide below to sponsor him.
 
You can start the process by going to:
1.   
http://www.cic.gc.ca/english/pdf/kits/guides/3910e.pdf
This is a guide for sponsoring a US citizen spouse into Canada.
            Publication 3910E


1.i     http://www.cic.gc.ca/english/pdf/kits/guides/3901E.pdf
        This is the Guide for sponsoring a spouse from the United Kingdom, Albania, Andorra, Austria, Azores, Belgium, Bosnia, Herzogovina, Canary Islands, Croatia, Czexh Republic, Denmark, Faeroe Islands, Finland, France, Germany, Greece, Greenland, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Macedonia, Madeira, Malta, Monaco, Netherlands, Norway, Portugal, San Marino, Serbia and Montenegro, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, United Kingdom, Vatican City   

 
-------------------

QUESTION:

my girl friend would like to sponcer me as she is having my child in 4 weeks 
im on a visitor licence till july 6th what type of sponcership should 
she apply for she currently recives E I i dont have any funds to pay for 
the fees right now but as soon as im allowed to work then i can earn 
right away at an agency they have garenteed me work if i can get a 
socail insurance number any advice on this ......please and thank you
                  mr xxxx
--------------------------------
david ingram replies:

She can only sponsor you as a common law or legal spouse.  You have to have lived together for a year to sponsor you as a common law.  If you get married, she can sponsor you as a spouse as follows:
------------------------------------------

QUESTION:

My girlfriend and I are pondering marriage if it will help
allow me to be in Canada with her sooner. The problem is
that I know it will take a while to get papers either way,
and so I'm looking at getting a job near the border in the
meantime. (also because Immigration Canada does not
seem to want to let me visit without having a job in the
states to pull me back) Although I qualify for a skilled
worker visa, I understand that Immigration Canada won't
want me to reside in Canada and still work in the states
after granting me a work visa. Still, working in the states
might make more sense for me even after I get papers for
various reasons, at least until I can find a job as good in
Canada. So the question is this: Will it be any easier with a
spouse visa to work in the states and live in Canada?
Taxation? Upside is that it will get me the visa several
months quicker I believe...Really just need to figure how
to get Canada to let me live with my girlfriend or spouse
(whichever, we're open to doing whatever we need to do)
and work in the states. Sooner the better! I am truly
desperate, trying to play by the rules, and getting nothing
but scorn from Immigration Canada. They're making me
feel like a criminal for wanting for stay with her for any
significant period of time. I never know if I'll get across
the border for the next visit or not, and they seem to
demand different paperwork from me each time I arrive.
Please help!

 
-----------------------------------------------------------------------------------
david ingram replies:

If you get married for legitimate love reasons, your spouse can sponsor you to live in Canada with a PR (Permanent resident) card.

With a PR card, you would qualify to live and work in Canada or live in Canada and work in the US and you would qualify for the provincial medical plan where you live.

The alternative is to get yourself a legitimate residence in the US and a job in the US.  Then you would qualify to come and stay with your lady three or four nights in Canada and she could stay with you two or three nights a week in the US or not.

If you chose that method, then you would each produce a 'border' kit.  This would include a letter from your employer saying where you are working, a copy of your US lease, a copy of your US driver's licence, a copy of your US car registration, a copy of your US telephone bill, a copy of your US electrical bill and anything else American. 

If you chose to marry, or are already a common law couple because you have been living together illegally for a year or more, then she can sponsor you for your PR card.

These older Questions will give you some other insight into the situation. 

QUESTION: Hi, I am a US citizen who has met and fallen in love with a
Canadian citizen. We want to get married and establish my perm resident
status in Canada.  I am confused on where to begin.  I have taken the
self-assessment test and scored a 72.  I have a college degree (BA in
English) but do not use my degree in conjunction with my job. I have worked
as a chef and restaurant manager for 10+ years. A friend of my fiance has
offered me a job, but it is a seasonal postion at a resort. Should I apply
for a work visa? Should we get married and apply for him to sponsor me? Can
I live in Canada while we are waiting for my perm residency?
Sorry about having so many questions, the immigration process seems so
daunting to me.
thanks for your help, love the info I have gathered thus far.

---------------------------------------------------------------------------
david ingram replies:

Since Feb 18, 2005, it has become much easier for you to become a permanent
resident.  If you get married you can live together in Canada while your
husband sponsors you.  You cannot work however, without a work permit.  If
you can afford to take off a few months, you can start the process by
filling in the following forms which are buried in another question.

If you let me know where you are going to live I can suggest an immigration
attorney or a member of the Canadian Society of Immigration consultants to
help you if you need help.

QUESTION: I'm a Canadian citizen if i married someone from Australia would
that grant her citizenship to Canada, and would her age make a difference?

---------------------------------------------------------------------------
david ingram replies:

Marrying anyone from another country does NOT grant them Canadian
Citizenship.  However, if you qualify, you can sponsor your spouse to come
to Canada.

The following will give you an idea of the forms to fill out.  If you need
help, we can assist in the process or recommend a local person if you are
not in the Vancouver area.

And Note that as of February 18, 2005 it has become much easier to sponsor a
spouse from within Canada.  If she is already here, you can sponsor her from
within.

The following Q & A I answered a year ago gives you the paperwork needed to
fill out if she is still in Australia. See 14a below for the proper guide
for Australia

-----------------------------------

   Hello!


I am a Canadian citizen working on a TN visa for the past year as Senior
Graphic Artist for an Ad agency downtown LA.

I have met this wonderful, carrying lady that we have been dating for over 7
months now. I believe I am ready to propose and move on to a new chapter in
my life.

She is a Permanent resident living here in the US for 4 years (I think she
already applied for her citizenship and waiting). I am not interested by any
means to lose my Canadian citizenship (I am a dual citizen of Austria and
Canada) and I would love to live in Toronto where we plan to live after her
dental school (4 years) is over. But as you know I also don't want to be
rejected by TN Visa officers on my extension visa case.

What would be the best way to go about this? I only need to get a work
permit until we go back to Toronto.

Should we apply for her residency in Canada first or for mine in the US
first?

I read all your emails and they are very interesting but my case is also
somewhat interesting to be added to your archive. J

Thank you very much
 ===============================
david ingram replies:

She should get her US citizenship first if she is that close.  Then, you can
marry and she can sponsor you for US citizenship.

If you decide to come to Canada AFTER she gets her US citizenship, you can
sponsor her if you are married or even if you are living together as a
common law couple.

Either way, you should get your employer to change your visa to an H1
because that way you can be their intending to marry an American.  With a TN
visa, it is not valid if you intend to stay in the US forever.

However, you likely have an out for your TN because you have clearly told me
that you intend to return to live in Toronto.  That is certainly a temporary
intention as far as your residency in the US is concerned.

The following old question is a map to what you will have to do to import
your lady to Canada.

QUESTION: I'm a Canadian citizen and just got married. My wife is a U.S.
citizen. I would like to apply for my wife's permanent residence in Canada.
I would appreciate if you can tell me the process and how long would it
take.

Thanks in advance
===========================================
david ingram replies:

You will have to decide on whether to apply form within or without Canada.

Within would have her in Canada sooner but she can not work unless  she has
a work visa.  If she has a university degree, she might qualify as a
professional under Treaty NAFTA.

Basically to sponsor her, you need to fill in the following paper work.  At
the moment, it is likely taking up to 22 months and is processed through
Buffalo New York

You can start the process by going to:
1.   
http://www.cic.gc.ca/english/pdf/kits/guides/3910e.pdf
This is a guide for sponsoring a US citizen spouse into Canada.
            Publication 3910E


1.a
http://www.cic.gc.ca/english/pdf/kits/guides/3903e.pdf
This is the Guide for sponsoring a spouse from MAINLAND CHINA, Macao, Tibet and Hong Kong although the guide only refers to the People's Republic of China on the cover.

You can also look at
https://services3.cic.gc.ca/kmsweb/order/orderitemform_init.do?dispatch=orde
ritemform_init&org.apache.struts.taglib.html.TOKEN=3b64c2b9871ff9732848f582b
894f62c to order the specific forms and at
http://www.cic.gc.ca/english/applications/fc.asp to see a list of the
countries and areas.


1.b    
http://www.cic.gc.ca/english/pdf/kits/guides/3904e.pdf
        This is the Guide for sponsoring a spouse form India, Nepal; or
Bhutan

1.c    
http://www.cic.gc.ca/english/pdf/kits/guides/3905E.pdf
        This is the Guide for sponsoring a spouse from the Philippines


1.f    
http://www.cic.gc.ca/english/pdf/kits/guides/3906E.pdf
        This is the Guide for sponsoring a spouse from Australia, Brunei, Cambodia, Cook Islands, Timor-Leste, Federated States of Micronesia, Fiji, Indonesia, Kiribati, Laos, Malaysia, Marshall Islands, Micronesia, Myanmar, Nauru, New Zealand, Niue, Palau, Papua-New Guinea, Samoa, Singapore, Solomon Islands, Thailand, Tonga, Tuvalu, Vanuatu and Vietnam


1.g    
http://www.cic.gc.ca/english/pdf/kits/guides/3907E.pdf
        This is the Guide for sponsoring a spouse from Bangladesh, Democratic People‚Äôs Republic of Korea, Japan, Maldives, Mongolia, Pakistan, South Korea, Sri Lanka and Taiwan


1.h    
http://www.cic.gc.ca/english/pdf/kits/guides/3908E.pdf
        This is the Guide for sponsoring a spouse from Argentina, Belize, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay and Venezuela

1.i    
http://www.cic.gc.ca/english/pdf/kits/guides/3901E.pdf
        This is the Guide for sponsoring a spouse from the United Kingdom, Albania, Andorra, Austria, Azores, Belgium, Bosnia, Herzogovina, Canary Islands, Croatia, Czexh Republic, Denmark, Faeroe Islands, Finland, France, Germany, Greece, Greenland, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Macedonia, Madeira, Malta, Monaco, Netherlands, Norway, Portugal, San Marino, Serbia and Montenegro, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, United Kingdom, Vatican City   
 
1.j     http://www.cic.gc.ca/english/pdf/kits/guides/3902E.pdf
        This is the Guide for sponsoring a spouse from Armenia, Belarus, Bulgaria, Estonia, Georgia, Latvia, Lithuania, Moldova, Poland, Romania, Russia and Ukraine

 

2.   
http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EA.pdf
This is the application form to sponsor - form IMM-1344A

3.   
http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EB.pdf
This is the sponsorship agreement - Form IMM-1344B

4.   
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5481E.PDF
This is the Sponsorship Evaluation Form IMM-5481

5.   
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5409E.PDF
This is a statutory declaration of a common-law marriage - FORM IMM-5409

6.  
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5540E.PDF
This is the Sponsor Questionnaire - Form IMM-5540

7.   
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5540E.PDF
This is an authority to release information - FORM IMM-5540

8.   
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5491E.PDF
This is a document Checklist - Form IMM-5491

9.   
http://www.canadapost.ca/tools/docp/CIC/bin/hpm-e.asp
This is where you order your official receipt

10.   
http://www.cic.gc.ca/english/pdf/kits/forms/imm0008egen.pdf
This is your actual Application for Permanent Residence - FORM IMM-0008GEN

11.   
http://www.cic.gc.ca/english/pdf/kits/forms/imm0008_1e.pdf
This is your Background Declaration - FORM IMM-008_1

12.   
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5406E.PDF
This is your additional family information - FORM IMM-5406

13.   
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5490E.PDF
This is your spouse or conjugal partner questionnaire -= FORM IMM-5490

14.    The Above PLUS a police report from your local police station (See
the guide for details) applies to those being sponsored from the UNITED
STATES. There is a separate brochure for every country.  If you are reading
this and are from any other country (Australia, Brunei, Austria, Venezuela,
etc) goto

14a  
http://www.cic.gc.ca/english/applications/fc.html for other country
guides.

15.  
http://www.cic.gc.ca/english/skilled/assess/index.html
This is the self-assessment test for an individual to determine his or her
eligibility to immigrate to Canada without being sponsored by a spouse.

I know this will help you make your decision.  If we can help you, remember,
that is what we do for a living.  In particular you should goto
www.centa.com and click on and read US/Canada taxation BEFORE you come.

Be ALERT,  the world needs more "lerts"

Answers to this and other similar  questions can be obtained free on Air
every Sunday morning.

Every Sunday at 9:00 AM on 600AM in Vancouver, Fred Snyder of Cartier
Partners and I will be hosting an INFOMERCIAL but LIVE talk show called "ITS
YOUR MONEY"

Those outside of the Lower Mainland will be able to listen on the Internet
at

www.600AM.com

Local phone calls to (604) 280-0600 - Long distance calls to 1-866-778-0600.

Old shows are archived at the site.

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 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.  expert  US Canada Canadian American  Mexican Income Tax help
However, I regularly search for the words"PAYING CUSTOMER" and always answer them first if they did not get spammed out. As an example, as I write this on Sept 2, 2007 (the day before I turn 65), since June 16th (78 days), my 'spammed out' box has 24,417 unread messages, my deleted box has 8063 I have actually looked at and deleted and I answered 576 email questions for clients and strangers.  I have also put aside 472 messages that I am maybe going to try and answer because they look interesting. -expert  US Canada Canadian American  Mexican Income Tax help
Therefore, if an email is not answered in 24 to 36 hours, it is lost in space.  You can try and resend it but if important, 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. expert  US Canada Canadian American  Mexican Income Tax help.
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) expert  US Canada Canadian American  Mexican Income Tax help.
 
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." expert  US Canada Canadian American  Mexican Income Tax help.
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 $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 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.
 
$1,200 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

$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 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. 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 $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 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 $12,000 refund. 

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.--

-
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 or www.garygauvin.com.  If you forward this message, this disclaimer must be included." -


 



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