TN Visa Holder Canadian Citizen Want to Sponosor Spouse -David Ingram gives expert income tax & immigration help to non-resident

QUESTION:My brother living in USA on H1B visa and married Canadian Citizen who have TN Visa . His wife to sponsor him for Canadian Immigration what she can do? There is any problem in processing?

david ingram replies:

Too busy to answer new. This should help
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 tohave lived together for a year to sponsor you as a common law. If youget 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 sponsoryou to live in Canada with a PR (Permanent resident) card.

With a PR card, you would qualify to live and work in Chanda or live inCanada and work in the US and you would qualify for the provincialmedical plan where you live.

The alternative is to get yourself a legitimate residence in the US anda job in the US. Then you would qualify to come and stay with yourlady three or four nights in Canada and she could stay with you two orthree 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 areworking, a copy of your US lease, a copy of your US driver's licence, acopy of your US car registration, a copy of your US telephone bill, acopy of your US electrical bill and anything else American.

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

These older Questions will give you some other insight into thesituation.

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 haveworked
as a chef and restaurant manager for 10+ years. A friend of my financehas
offered me a job, but it is a seasonal position at a resort. Should Iapply
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 apermanent
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 animmigration
attorney or a member of the Canadian Society of Immigration consultantsto
help you if you need help.

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

david ingram replies:

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

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

And Note that as of February 18, 2005 it has become much easier ptsponsor a
spouse from within Canada. If she is already here, you can sponsor her=66rom

The following Q & A I answered a year ago gives you the paperworkneeded to
fill out if she is still in Australia. See 14a below for the properguide
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 forover 7
months now. I believe I am ready to propose and move on to a newchapter in
my life.

She is a Permanent resident living here in the US for 4 years (I thinkshe
already applied for her citizenship and waiting). I am not interestedby any
means to lose my Canadian citizenship (I am a dual citizen of Austriaand
Canada) and I would love to live in Toronto where we plan to live afterher
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, youcan
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. Witha 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 clearlytold me
that you intend to return to live in Toronto. That is certainly atemporary
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 toimport
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 inCanada.
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 withoutCanada.

Within would have her in Canada sooner but she can not work unless shehas
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 paperwork. 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 aUS citizen spouse into Canada.
Publication 3910E
This is the application form tosponsor - form IMM-1344A

This is the sponsorship agreement- Form IMM-1344B

This is the SponsorshipEvaluation Form IMM-5481

This is a statutory declarationof a common-law marriage - FORM IMM-5409

This is the Sponsor Questionnaire- Form IMM-5540

This is an authority to releaseinformation - FORM IMM-5540

This is a document Checklist -Form IMM-5491

This is where you order yourofficial receipt

This is your actual Applicationfor Permanent Residence - FORM IMM-0008GEN

This is your BackgroundDeclaration - FORM IMM-008_1

This is your additional familyinformation - FORM IMM-5406

This is your spouse or conjugalpartner 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 arereading
this and are from any other country (Australia, Brunei, Austria,Venezuela,
etc) goto

14a for other country

This is the self-assessment testfor 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.comand 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

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

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 emailto me will be answered. I receive anywhere from 100 to 700 unsolicited emails a day and usually answer anywhere from 2 to 20 ifthey are not from existing clients. Existing clients are advised toput their 'name and PAYING CUSTOMER' in the subject and get answeredfirst. I also refuse to be a slave to email and do not look at itevery day and have never ever looked at it when i am out of town. expert USCanada Canadian American Mexican Income Tax help
However, I regularly search for the words"PAYINGCUSTOMER" 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 turn65), since June 16th (78 days), my 'spammed out' box has 24,417 unreadmessages, my deleted box has 8063 I have actually looked at and deletedand I answered 576 email questions for clients and strangers. I havealso put aside 472 messages that I am maybe going to try and answerbecause they look interesting. -expert US Canada Canadian American Mexican IncomeTax help
Therefore, if an email is not answered in 24 to 36hours, it is lost in space. You can try and resend it but ifimportant, you will have to phone to make an appointment. GillianBryan generally accepts appointment requests for me between 10:30 AMand 4:00 PM Monday to Friday VANCOUVER (Seattle, Portland, Los Angeles)time at (604) 980-0321. expert US Canada Canadian American MexicanIncome Tax help.
David Ingram's US / Canada Services
US / Canada / Mexico tax, Immigration and working Visa Specialists
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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 thosehours as this is a home office) expert US Canada Canadian American MexicanIncome Tax help.
Disclaimer: This question has been answered without detailed information orconsultation and is to be regarded only as general comment. Nothingin this message is or should be construed as advice in any particularcircumstances. No contract exists between the reader and the author andany and all non-contractual duties are expressly denied. All readersshould obtain formal advice from a competent andappropriately qualified legal practitioner or tax specialist for experthelp, assistance, preparation, or consultation in connection withpersonal or business affairs such as at If you forward this message, this disclaimer must beincluded." expert US Canada Canadian American MexicanIncome Tax help.
David Ingramgives expert income tax & immigration help to non-residentAmericans & Canadians from New York to California to Mexico family, estate, income trust trusts Cross border, dual citizen - out ofcountry investments are all handled with competence & authority.
Phone consultationsare $400 for 15 minutes to 50 minutes (professional hour). Please notethat GST is added if product remains in Canada or is to be returned toCanada or a phone consultation is in Canada. expert US Canada Canadian American MexicanIncome Tax help.
This is not intended to be definitivebut in general I am quoting $800 to $2,800 for a dual country taxreturn.
$800 would be one T4 slip one W2 slipone or two interest slips and you lived in one country only - no selfemployment or rentals or capital gains - you did not move into or outof the country in this year.
$1,000 would be the same with onerental
$1,200 would be the same with onebusiness no rental
$1,200 would be the minimum with amove in or out of the country. These are complicated because of theback and forth foreign tax credits. - The IRS says a foreign tax credittakes 1 hour and 53 minutes.
$1,500 would be the minimum with arental or two in the country you do not live in or a rental and abusiness and foreign tax credits no move in or out

$1,600 would be for two people with income from two countries

$2,800 would be all of the above andyou 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 andno capital gains, etc. for $150.00 up.
With a Rental for $350
A Business for $350 - Rental andbusiness likely $450
And an American only (lives in the USwith no Canadian income or filing period) with about the same things inthe same range with a little bit more if there is a state return.
Moving in or out of the country orpart year earnings in the US will ALWAYS be $800 and up.
TDF 90-22.1 forms are $50 for thefirst 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 - (maybeamalgamate a couple)
Capital gains *sales) are likely$50.00 for the first and $20.00 each after that.
Just a guideline not etched instone.
This from "ask an income trusts tax and immigrationexpert" from or or David Ingram deals on a daily basis with expatriate taxreturns with multi jurisdictional cross and trans border expatriateproblems for the United States, Canada, Mexico, Great Britain, UnitedKingdom, Kuwait, Dubai, Saudi Arabia, Thailand, Indonesia, Japan,China, New Zealand, France, Germany, Spain, Italy, Russia, Georgia,Brazil, Peru, Ecuador, Bolivia, Scotland, Ireland, Hawaii, Florida,Montana, Morocco, Israel, Iraq, Iran, India, Pakistan, Afghanistan,Mali, Bangkok, Greenland, Iceland, Cuba, Bahamas, Bermuda, Barbados, StVincent, Grenada,, Virgin Islands, US, UK, GB, and any of the 43 stateswith state tax returns, etc. Rockwall, Dallas, San Antonio Houston,Denmark, Finland, Sweden Norway Bulgaria Croatia Income Tax andImmigration Tips, Income Tax Immigration Wizard AntarcticaRwanda Guru Consultant Specialist Section 216(4) 216(1) NR6 NR-6 NR 6Non-Resident Real Estate tax specialist expert preparer expatriate antimoney laundering money seasoning FINTRAC E677 E667 105 106TDF-90 Reporting $10,000 cross border transactions Grand Cayman ArubaZimbabwe South Africa Namibia help USA US Income Tax Convention. expert US Canada Canadian American Mexican Income Tax help.
DavidIngram expert income tax and immigration help and preparation of US Canada Mexico non-resident and cross borderreturns with rental dividend wages self-employed and royalty foreigntax credits family estate trust trusts income tax conventiontreaty

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