US to Canada - sponsoring spouse - Expert Income Tax help on cross Border tax and immigration and divorce and RRSP and IRA and o


Here's hoping you can assist and/or shed some light as it seems I've reached several dead ends with the following.
I am a Canadian (born and raised) Citizen married to an American working and residing in Dallas, Texas since July 1999. I am a permanent resident in the U.S. We would, at some point, like to retire back in Canada however my husband would like the opportunity to also work in Canada when we decide to make the move. I have a Social Insurance Number so I can move back and obtain employment tomorrow but what does my husband need to do?
1. Can we obtain permanent residency for my husband ahead of time? I mean, if we decide to relocate back to Canada how would he even enter Canada without some kind of documentation?
2. Can he apply for a work visa ahead of time i.e., before moving to Canada?
At this point, we don’t even know if it's possible.  I've been to several links at the .Gov site but I can't seem to find anything that refers or pertains to this scenario.
Any advice would be greatly appreciated.
xxx xxxx

Sure see the following and fill in the paperwork.


xxxxx xxxxxxxxx wrote:



Thank you for your time on the phone and sending me the information required to bring my girlfriend/ wife to be to Canada. We have struggled over the last year trying to find out ways we can do this since it is very complicated.


Just one more question if you don’t mind. She was bringing up some stuff last year and was flagged @ immigration. She was bringing up some stuff for me at the time (old tv, bar fridge) and they asked her about it she led on that she wanted to move here one day and had to turn around and drop off those items before being let back in to Canada. Would this immigration snag affect her application?


I did talk the security chief for the boarder on the phone and he said it shouldn’t matter and once we do the proper steps to show she isn’t going to come here illegally that immigration would cancel or remove the flag on her passport.


XXXXXXXX is very nervous due to these past events and we may need to sit down for a consultation, to ease her mind and to make sure we are doing this properly, cause neither her or I want anything to go wrong.


Thanks a lot for your help David.


david ingram replies:

Her being turned back once is not/ should not be a detriment.  She could have paid duty on them and brought them in as a gift to you or for you.

If she wants to come here, she can do so on her own by coming as a self-assessing person.  You stated that she has a University degree in physical fitness.  If she does not want to come as a spouse, she can likely come as a self assessed person. 

She should go to
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.

These older Questions and answers will help you and others with the project.

In my opinion, Canada has made it very simple and straightforward to do the process yourself.  You will notice that your question is quite normal around here.

Where you will really need my services is when she comes  here.  Your wife will need to do special returns the year she emigrates from the US and immigrates to Canada.  And, she will then have to continue to file US returns for ever even if she has no income in or from the US.

If you decide to sponsor her as a spouse, you will need to marry first.  Follow the directions in the guide in "1" below and you will find links to all the necessary forms below.


Hello David,

As we talked about in our telephone conversation, I wish to sponsor my wife from Japan
Please send the link for the PRC application to this address. I appreciate your help.

david ingram replies:

The links are all buried in these older questions   You need the guide at 1g below to sponsor her from Japan or she might want to sponsor herself as in 15.  1 to 15 are found in the text below.

        This is the Guide for sponsoring a spouse from Bangladesh, Democratic People’s Republic of Korea, Japan, Maldives, Mongolia, Pakistan, South Korea, Sri Lanka and Taiwan

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.

Older questions 


my girl friend would like to sponsor me as she is having my child in 4 weeks I'm on a visitor licence till July 6th what type of sponsorship should she apply for she currently receives E I i don't have any funds to pay for the fees right now but as soon as I'm allowed to work then i can earn right away at an agency they have guaranteed me work if i can get a social insurance number any advice on this ......please and thank you
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:


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. 

Your lady friend would do the reverse for entrance to the US.  The border kit is not required by law.  However, after 45 years in this business, I can tell you that having that information available makes the border guard's job easier by showing that you know the rules and are abiding by them.

If you chose to marry, or are already a common law couple because you have been living together for a year or more, then she can sponsor you for your PR card.  If you have been a conjugal couple for the last year but living apart because of the border, she can also sponsor you but this is a harder one to prove.  For instance, being engaged for a year, does NOT qualify you as a conjugal couple because it is a clear statement that you have NOT tied the knot 'yet'. 

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 fiancee has
offered me a job, but it is a seasonal position 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

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



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

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 there 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

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:
This is a guide for sponsoring a US citizen spouse into Canada.

You can also look at
894f62c to order the specific forms and at
to see a list of the countries and areas.

This is the Guide for sponsoring a spouse from West Europe including Albania, Andorra, Austria, Azores, Belgium, Bosnia-Herzegovina, Canary Islands, Croatia, Czech Republic, Denmark, Faeroe Islands, Finland, France, Germany, Greece, Greenland, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Macedonia, Madeira, Malta, Monaco, Netherlands, Norway, Portugal, San Marinao, Serbia and Montenegro, Slovak Republic, Slovenia, Spain, Sweden,  Switzerland, United Kingdom, Vatican City

This is a Guide for sponsoring a spouse from Eastern Europe including Armenia, Belarus, Bulgaria, Estonia, Georgia, Latvia, Lithuania, Moldova, Poland, Romania, Russia,  and Ukraine 

This is the Guide for sponsoring a spouse from MAINLAND CHINA, Macao, Tibet and Hong Kong although the guide only refers to Mainland China on the cover.-----

        This is the Guide for sponsoring a spouse form India, Nepal; or Bhutan

        This is the Guide for sponsoring a spouse from the Philippines

        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

        This is the Guide for sponsoring a spouse from Bangladesh, Democratic People’s Republic of Korea, Japan, Maldives, Mongolia, Pakistan, South Korea, Sri Lanka and Taiwan

        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 

        This is the Guide for sponsoring a spouse from Antigua & Barbuda, Bahamas, Barbados, Cuba, Dominica, Dominican Republic, Grenada, Guyana, Haiti, Jamaica, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname and Trinidad and Tobago

        This is the Guide for sponsoring a spouse from United States of America, Bermuda, Puerto Rico and Saint Pierre and Miquelon

        This is the Guide for sponsoring a spouse from -Afghanistan, Azerbaijan, Bahrain, Cyprus, Iran, Iraq, Israel, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Lebanon, Oman, Qatar, Saudi Arabia, Syria, Tadjikistan, Turkey, Turkmenistan, United Arab Emirates, Uzbekistan, West Bank and Gaza Strip, Yemen

        This is the Guide for sponsoring a spouse from African countries such as -Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Chad, Central African Republic, Comoros, Republic of the Congo, Democratic Republic of the Congo, Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Ivory Coast, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sao Tome é Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, Sudan, Swaziland, Tanzania, Togo, Tunisia, Uganda, Zambia and Zimbabwe-

            Publication 3910E
This is the application form to sponsor - form IMM-1344A

This is the sponsorship agreement - Form IMM-1344B

This is the Sponsorship Evaluation Form IMM-5481

This is a statutory declaration of a common-law marriage - FORM IMM-5409

This is the Sponsor Questionnaire - Form IMM-5540

This is an authority to release information - FORM IMM-5540

This is a document Checklist - Form IMM-5491

This is where you order your official receipt

This is your actual Application for Permanent Residence - FORM IMM-0008GEN

This is your Background Declaration - FORM IMM-008_1

This is your additional family information - FORM IMM-5406

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 for other country

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 and click on and read US/Canada taxation BEFORE you come.

Be ALERT,  the world needs more "lerts"



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