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QUESTION:
Hi, I am planning on marrying a US citizen and would like to continue to
work in Canada. I know I will have to apply for permission to work and
travel abroad as part of our application for PLR after we are married. What
we are wanting to know, is there a period of time when I wont be allowed to
travel back to Canada while waiting for applications to be processed? Also,
will I continue to do my own income tax filing or do we file together. I
have a business that generates a small amount of US income and have a US tax
number.
Thank you,
LXXXXXXX
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david ingram replies:
Your question worries me because it sounds like you may already inb an illegal position if you are working in the US with your Canadian Business.
For instance, unless you have a proper visa, you cannot collect money in the USA although it may be legal for you to sell a/the Canadian service.
The answer is that there is a period of time which can last from 2 to 6 months where you cannot leave the US without specific permission or if you are applying from Canada, cannot enter the US. Since you intend to work in Canada, it makes more sense to me that you apply from without and he can visit you during the time you can not cross the border.
You could find it easier to apply as a fiancee because that paperwork can be processed in Vancouver, whereas if you get married first, you will have to go to Montreal for processing. (this only applies if you are applying from outside the USA.) However,this wouldrequire you to spend your no travel timeinteh USA..
You should liklely come and talk to me individually with your fiancee so that the two of you know what the rules are and what the tax situation will be.
After marriage, you will have the choice of filing a joint tax return or individual returns as married filing separately. If you are in a community property state like Washington, you will have to split your incomes and you will report half of his income on your MFS 1040 and he will report half of your income and half of his income on his MFS 1040. The reason that you might do that is that it means that you will not be held liable for his tax bill in the future and vice versa.
David Ingram's US/Canada Services
US / Canada / Mexico tax and working Visa Specialists
US / Canada Real Estate Specialists
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West Vancouver, BC, CANADA, V7T 1A2
Calls accepted from 10 AM to 10 PM 7 days a week
Res (604) 980-3578 Cell (604) 657-8451
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[email protected]
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David Ingram of the CEN-TA REALTY Group
US / Canada / Mexico tax and working Visa Specialists
US / Canada Real Estate Specialists
108-100 Park Royal South
West Vancouver, BC, CANADA, V7T 1A2
(604) 980-0321 - Fax 913-9123 [email protected]
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