My wife & me are Canadian PR since 1 year. Since last 5 yrs we have been in US on H1B. Currently my wife is on H1B and is in US approx 1 week to 10 days a month. Regarding taxes everyone suggests to disclose world wide income in Canada and file a 1040 NR in the US.
When I file a 1040NR in the US will it affect the foll. in any way
1. My wife's H1B status ...since the last 5 yrs we were living in the US
2. My wife's H1B extension which is due soon
3. US green card - which has already been filed.
Location: Western Hemisphere
Posted on: 07-03-06 20:33:16
When I file a 1040NR in the US will it affect the foll. in any way
1. My wife's H1B status ...since the last 5 yrs we were living in the US
>>>>>>Will not affect
2. My wife's H1B extension which is due soon
>>>>>> Will not affect
3. US green card - which has already been filed.
>>>>>>>Maybe. Filing 1040NR indicates you are nonresident in US and resident in canada (based on your PR status). At some point of your GC, you will have to provide copies of tax returns. 1040NR will indicate you have lived outside US and hence you will not be eligible for adjustment of status, instead you should apply or should have applied for consular processing. Although, don't know for sure about the implications, something to ponder about.
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Dimple2001
I would suggest to file 1040 in US and then cdn taxes on world income . The total tax burden would still be the same no wonder what configuration you may use.
1040NR *may* create a problem with filing 485 as you have to be in US resident to do that ...
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We will find a way or we will make one
"Regarding taxes everyone suggests to disclose world wide income in Canada and file a 1040 NR in the US. "
Whoever suggested above is correct. From IRS perspective, your wife is not US resident if she stays in US less that 183 days in a year. Thus, she should file 1040NR.
Filing 1040NR or 1040 has no bearing on your Green Card processing.
IRS and INS define US resident differently and one has no bearing on other. You can be non-resident from INS perspective and still considered resident from IRS perspective.
Quote:
Orginally posted by kotharess
My wife & me are Canadian PR since 1 year. Since last 5 yrs we have been in US on H1B. Currently my wife is on H1B and is in US approx 1 week to 10 days a month. Regarding taxes everyone suggests to disclose world wide income in Canada and file a 1040 NR in the US.
When I file a 1040NR in the US will it affect the foll. in any way
1. My wife's H1B status ...since the last 5 yrs we were living in the US
2. My wife's H1B extension which is due soon
3. US green card - which has already been filed.
