How can a Canadian return to US to live & work with American wife + 5 kids? I-130 G325 I-134

I 'm an American married to a Canadian husband.  We were married in the US 16 years ago. We lived and worked in the US for 9 years before moving to Canada 5 years ago. He has worked for the same US firm in the US and now in Canada (He does telephone support for a software firm and works out of our home so he can be with me and our children). How can he return to the US to live and work (same job) with me and our 5 kids?

david ingram replies:

The US company could apply for an H1-B for him but there were 130,000 applications last year and only 85,000 issued so that might not happen.  Even MICROSOFT has given up and is opening a Lower Mainland Branch with 200 employees becasue they have become frustrated with their ability to get foreign workers into the USA.

The smartest method would be for you to apply for a green card for him and make sure that all your children have their US passports.

You would sponsor him for the green card and that would give him many more rights than an H1 visa.

You can find all of the forms at:

Start off with form I-130 Petition for an Alien relative

At some point you will need G-325 For his Biographic Information

You will need an I-134 - Affidavitt of Support

Another Affidavitt of support - If you do not work, you will need a relative to co-sponsor or use other household income and assets

contract between yourself and household member

You will want to read this for the poverty guidelines

Hope this helps.

Now if Ihad a $1,000 for eveyone like yourselves where you came back to Canda without the spouse taking out US citizenship and now they have to go through hell to get back, I would be rich.

Now, if he still happens to have a green card, my answer would be different.

In any case, if you have been working in Canad or have signingauthority over accounts with a total of $10,000 or have an RRSP in your name, you should have been filing US Tax returns and forms 8891 and TDF 90-22.1  each year.  If your husband has had a green card all this time, he should have been filing as well and thgat could be his salvation if he catches up.  If he catches up, his green card is likely still valid.

These older questions are valid.  Note that if you have not filed forms TDF 90-22.1, the new penalty is $10,000 per year as a minimum but penalties are not being issued for people who come forward voluntarily.  You should file back six years to avoid penalty.


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Expert:         [email protected]
Date:           Saturday June 09, 2007
Time:           06:04 PM -0400


I have been living in the U.S. for 8.5 years now and have recently moved to Chicago from California.  We have a significant amount of $$ in Canadian RRSP's of which over half is in a mutual fund that has excessively high fees.  I have wanted to rebalance my RRSP and move money from one mutual fund into one or more different ones, all of course remaining within the RRSP.  I am told that at leat with respect to California who don't recognize the Cdn/US free trade tax treaty, that that would trigger significant California tax on any and all gains including those gained before I ever moved to the U.S.?!?!?  Now that I have moved to Illinois, do I have flexibility to move money within my RRSP or am I still stuck.   My broker in Canada isn't even sure if he is allowed to execute the trade.

david ingram replies:

I am so busy that you are the only question answered for the last couple of days out of about 300 received in the last couple of days.

While you were in California, the internal earnings of your Canadian RRSP accouts were taxable on your California tax returns.  California is the only state that does not recognize the Federal exemptions when claimed.

To claim the federal exemptions, you need to fill in form 8891. Don;t forget that youalso need to fill in forms TDF 90-22.1 as well to avoid the possibility of an up to $500,000 fine plus five years in jail;.  (see the bottome two questions on schedule B of your 1040)

Your broker can NOT likely move the contents of your RRSP.  You need someone like Darrel Thompson or Dan Walkow as follows from an older reply: -----------------------------------
QUESTION: 1. have been trying to find ethical investment firm to go with in Canada and can not seem to get any unbiased answers We live in Red Lake Ontario (landed immigrants), but are also US citizens

2. Is this Stansberry & Associates legit, as they seem to have many different opportunities claiming great returns
Pinchot Retirement Plan,  Master Limited Partnership, Market Index Target Term Security , Oakmark Select Funds
Thanks greatly looking forward to your email

--------------------------------------------------------------------------- david ingram replies:
I have no good or bad knowledge about Stansbery and Associates. None of my clients deal with them to my knowledge.

From looking at their website, they seem to be a newsletter operation as mucyh as anything.  I have about 15 interviews with newsletter writers on gold (John Embry), oil, uranium (Martin Kafusa), silver (Sean Rahkimov) real estate (Ozzie Jurock), futures and commodities (Victor Adai), Resources in General (Elsworth Dickson, Publisher of Resource World)  etc at - mostly in the third column.

Two ethical people who specialize in selling securities, RRSPs, etc., to US citizens in Canada or Canadians in the US  are:

Mr Darrell Thompson
Blackmont Securities
Local    (416) 874-8007
LD        (866) 775-7704


Dan Walkow
Seabank Financial
White Rock
Local     (604) 541-9952
L D        (866) 541-9952
These two individuals and their companies have gone to the effort to get themselves registered just about everywhere so they can deal with a Candian in Florida or California or Nevada, etc.

Note that because of their specialty, they tend to deal with accounts in excess of $200,000

However, both parties would welcome an exploratory call.