BORDER KIT -- American boyfriend, property purchase in USA?
I have been subscribing to your newsletter for almost two years now, but have not read anything similar to my question.
I have been dating an American for over seven years now. I live in Saskatchewan and work in health care as a technologist, him in USA as an electrician. We both travel back and forth three or four times each per year for about 12 days each.
We both rent.
If I bought an American property ie condo, my boyfriend moved in it and paid the property taxes, and other incidentals, would this be considered rental income for me? Or a "holiday" home?
I would of course go there and stay in my property (solely in my name as purchaser) and with him when I went there and then after retirement consider the options then. I am 52, him 57years.
Also, would I then be considered a person of interest in USA for having substantial residential ties and make things complicated crossing the border? ie "common-law relationship?"
DAVID INGRAM REPLIES:
If you are only in the USA for 48 days, this will not make you taxable in the USA.
However, it could cause trouble with immigration as you have foreseen.
If you do so, make sure you have a border book showing your Canadian job etc to prove you have closer ties to Canada.
My kids and I are Canadian citizen. we are going to US to visit my Partner there. How long can we stay in US?
david ingram replies:
There is no defined length of stay. That is determined by the person you meet at the US POE (Port of Entry) as you apply to enter the US at the airport or land crossing.
She or he will determine your length of stay by what you say or ask for when you enter the US.
If you say you are going for a week, you should leave in a week. If you say you are going for a month and are admitted, you should leave at the end of that month OR go to a local Homeland Security Office and apply for an extension of time. the longest paperless visit time given out is six months as a rule.
You describe the person you are going to visit as your Partner.
If that means a sexual living together type partner, than they may not allow you in if the Homeland Security officer feels you are trying to live in the USA with that person. If you are asking for months, you are not likely to be allowed in unless you can prove your intent to return to your home in Canada.
If, for instance, you are moving within Canada and putting your furniture in storage for 3 months while intending to visit your partner in the US, you are inadmissible because to be a visitor in the US, you MUST have:
1. A home available to you to go home and sleep / live in that very day.
2. ACTIVE Hydro, gas, telephone service at that location in your name.
3. NO ONE Else paying rent and occupying that space while you are visiting the US. i.e. you did not rent your place out to a student for three months while you are gone.
When crossing the border it is wise to have a 'border kit'
A border kit consists of:
1. A Copy of your rental agreement or ownership papers for the place you live - a property tax bill is nice
2. A copy of your Provincial driver's licence
3. A copy of your Canadian Passport
4. A copy of your provincial medical plan and the bill or statement showing the address it is sent to
5. A copy of your telephone bill and the address it is sent to.
6. A Copy of car registration and licence and address registered to
7. copies of the assessments for your last three Canadian tax returns including the address they were sent to.
6. letter from your employer stating where you work, etc.
7. A statement about your business, its location and type if self employed.
8. A copy of the front of the telephone book and your current listing page from the book (the three past is really good)..
9. copies of invoices to your address from unions, clubs, banks, credit unions, etc..
10. copies of any membership cards you have such as health club, tennis club, archery club, etc.
11. copies of your doctor or dentist bills and the address
12. anything else you feel is relevant and will show your intent to return to Canada.
CEN-TA Cross Border Services - Tax, Visas, Immigration