Canadian citizenship and US immigration


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rahul_singh23   
Member since: Apr 05
Posts: 1014
Location:

Post ID: #PID Posted on: 23-03-09 23:59:28

I am going to file my Canadian citizenship in last week of March 2009 and I would say it may take 12-15 months in whole process if everything goes smooth. In mean time my US application is also going for CP (got NVC letter for fee) and it may take 7-8 months as my priority date is current. I can delay US immigration or Canadian citizenship process up to 6-7 months if needed.


I am thinking to get US green card on my Indian passport and do US landing and comeback before oath ceremony as Indian passport will not be valid after oath ceremony. . I can wait few weeks/months to get my Canadian passport then I can move to USA permanently with Canadian passport and US green card.

Q: Does this plan make any sense or any precaution/suggestion that I need to take care?



ad1760   
Member since: Jan 06
Posts: 77
Location: Alberta

Post ID: #PID Posted on: 24-03-09 10:47:32

Once you have canadian Citizen ship, whay on earth would you want to have a green card. Once you have your canadian passport your Indian passport will be void anyway .You have to file Taxes in both countries.Doesnt make sense does it?



pratickm   
Member since: Feb 04
Posts: 2831
Location: Toronto

Post ID: #PID Posted on: 24-03-09 11:11:20

Quote:
Originally posted by ad1760
Once you have canadian Citizen ship, whay on earth would you want to have a green card. Once you have your canadian passport your Indian passport will be void anyway .You have to file Taxes in both countries.Doesnt make sense does it?

To live and work permanently in the US, you need US GC.
Canadian passport doesn't help in that regard.
Having Canadian passport and US GC are different things, you can't really compare one against the other.


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"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."

-- Rhett Butler in "Gone with the Wind"


shyboy   
Member since: Sep 03
Posts: 101
Location: Washington, DC

Post ID: #PID Posted on: 27-03-09 07:25:26

I don' t see any issue as far as you are returning back to USA withing six month time frame after getting the Green Card..

Make sure the year you leave Canada, file the the departure return so Revenue Canada knows that you are not resident anymore (of course for tax purposes) ...


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Regards,


rahul_singh23   
Member since: Apr 05
Posts: 1014
Location:

Post ID: #PID Posted on: 27-03-09 22:21:23

Thanks Shyboy.
I want to revisit your statement.

Your Comments:
Departure returns so Revenue Canada knows that you are not resident anymore (of course for tax purposes)

Q: If I move to USA permanently but still having RESP, RRSP and bank account in Canada? Do I still need to file tax in Canada?


Your comments:
There will be no issue as far as you are return to USA within six months after getting green card. Make sure you get return permit if you leave USA for more than six months before you leave, or your green card may get canceled.

Q: Do we need "return permit" for green card holders who are outside USA more than 6 months or 12 months?

http://www.immihelp.com/greencard/retain-greencard.html
This link is saying 12 months. Just want to make sure.




Quote:
Originally posted by shyboy

I don' t see any issue as far as you are returning back to USA withing six month time frame after getting the Green Card..

Make sure the year you leave Canada, file the the departure return so Revenue Canada knows that you are not resident anymore (of course for tax purposes) ...



shyboy   
Member since: Sep 03
Posts: 101
Location: Washington, DC

Post ID: #PID Posted on: 28-03-09 06:36:03

Ans 1.
any income in Canada (including RRSP, or rental or any kind of income) will make you liable to file taxes in Canada. Please check this with you accountant I am sure it is like that but you can make sure just in case.

Ans 2.
Check the following link, goto page 93
It clearly says that "If you leave the U.S. for more than six months, Your residence status Possibly broken, to keep your status You need to Prove that you continued to live, work, and/or have ties to the U.S. (e.g., paid taxes) while you were away."

+

"If you leave the U.S. for more than one year, Your residence status is Broken In most cases, To keep your status you must begin your continuous
residence over. Apply for a re-entry permit before you leave if you plan to return to the U.S. as a permanent resident.

http://www.uscis.gov/files/nativedocuments/M-618.pdf


Thats how I see this:
If you stay outside USA for more than 6 months then it is considered that you abandoned your GC. But there are ways to get authorization to stay longer than 6 months outside but it needs to be done prior to your travel.


HTH


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Regards,


rahul_singh23   
Member since: Apr 05
Posts: 1014
Location:

Post ID: #PID Posted on: 31-03-09 00:26:38

Thanks Shyboy. When did youmove to US or planning to move?

Quote:
Originally posted by shyboy

Ans 1.
any income in Canada (including RRSP, or rental or any kind of income) will make you liable to file taxes in Canada. Please check this with you accountant I am sure it is like that but you can make sure just in case.

Ans 2.
Check the following link, goto page 93
It clearly says that "If you leave the U.S. for more than six months, Your residence status Possibly broken, to keep your status You need to Prove that you continued to live, work, and/or have ties to the U.S. (e.g., paid taxes) while you were away."

+

"If you leave the U.S. for more than one year, Your residence status is Broken In most cases, To keep your status you must begin your continuous
residence over. Apply for a re-entry permit before you leave if you plan to return to the U.S. as a permanent resident.

http://www.uscis.gov/files/nativedocuments/M-618.pdf


Thats how I see this:
If you stay outside USA for more than 6 months then it is considered that you abandoned your GC. But there are ways to get authorization to stay longer than 6 months outside but it needs to be done prior to your travel.


HTH



Contributors: shyboy(4) rahul_singh23(4) cdn_dude(2) ad1760(1) pratickm(1)



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