CPP-Ottawa

[GeeO]

Hello Everyone,

I am a PR of Canada. MY husband is a H1B holder in America. we got married in June 2012.
I applied for His spousal sponsorship in Ottawa during December end 2012.
CIC received my application in Jan 17th, 2013.
then the application was sent to LA office for processing.
After that they asked for Med twice, FBI clearance.
last med request came August 2013 and we submitted everything by November 2013.
the online status at present shows that 'Medical received'.
me and my husband are living separately in our own country since none of us can work in each other's country.
so we want to know how long it might take before he gets confirmation from CIC.
is there any of you who applied during the similar time?
What's your application status?

Thanks in advance for your help.

Wow your case is so similar to mine! Our dates are just quite off. Married in June 2012, submitted the application in September 2013, application was moved to LA and we were asked around September 2013 to come in for an interview scheduled on January 2014. Now they have just asked for our medicals...I really hope we are ending this wait very soon. Your process seemed way faster than mine, I'm sure you are almost there.

 

[computergeek]

For anyone else that is visiting their spouse in Canada, are you filing taxes in Canada? I didn't make any income in Canada, but I did make income last year before I moved here.

Anyone who lives in Canada for 183 days or more is a tax resident. As such, you must file a Canadian tax return and report your worldwide income. Canada will give you a tax credit equal to the tax paid to a foreign government (including the US).

Note: as a US citizen you are required to file a tax return in almost all circumstances. Canada taxes on residency and the US taxes on both residency and citizenship. There's an annoying side-effect here: if you are married and file in the US, you must file as "married filing separately" which puts you in the highest tax bracket. The alternative is to file a joint return with your Canadian spouse ("married filing jointly") in which case you must report your spouse's worldwide income as well as your own - then the US permits you to take the taxes paid to a foreign country (including Canada) and use them as a credit against your US tax liability.

Also, is your spouse claiming you on their taxes?

In Canada there is no joint filing. The only thing you do is indicate marital status and your spouse's name/SIN.

We're a bit confused about the tax situation..

This is actually the simple stuff. There are lots of other things like: US Citizen's should not open TFSA's in most cases. Make sure it's the Canadian spouse that wins the lottery: lottery proceeds are tax free in Canada, but are taxable in the US. So a Canadian citizen with no ties to the US owes no US tax. But a US citizen will owe US tax on those lottery proceeds.

 

[clearly]

Thanks computergeek. How would I go about filing taxes if I don't have a SIN?

This may be a silly question, but do I really need to file taxes in Canada? I made less than $4000 last year, so I wouldn't even pay any Canadian taxes even without credits.

We are mostly curious if I need to file because he has to list my income on his taxes in the marital status area, and it asks for a SIN number for me. Can we just send in a letter with it saying I don't have a SIN, or do I really need to apply for an ITN? It's not like we get HST/GST credit, but it'd be nice to get the spousal amount.

I realize that I am trying my best to get out of doing this all, but it really sucks if I have to file when I don't owe any tax anyway, because of the expense in filing and in getting a notarized copy of my passport for an ITN application.

On the topic of TFSAs; We've been doing retirement planning, too, and so I've seen how much hell filing US taxes is going to be. -.- The forms are so weird and vague that we will have to file when I start an RRSP. Another fun hat trick: Not getting to e-file ever again because my spouse doesn't have an SSN.

 

[computergeek]

Thanks computergeek. How would I go about filing taxes if I don't have a SIN?

Apply for an ITN (the US equivalent is an ITIN). http://www.cra-arc.gc.ca/E/pbg/tf/t1261/README.html

This may be a silly question, but do I really need to file taxes in Canada? I made less than $4000 last year, so I wouldn't even pay any Canadian taxes even without credits.

If you don't have any tax liability, then you don't have to file, but your spouse/partner must still declare you and show your worldwide income.

We are mostly curious if I need to file because he has to list my income on his taxes in the marital status area, and it asks for a SIN number for me. Can we just send in a letter with it saying I don't have a SIN, or do I really need to apply for an ITN? It's not like we get HST/GST credit, but it'd be nice to get the spousal amount.

In the past people say they have just put zeros in this space or left it blank.

I realize that I am trying my best to get out of doing this all, but it really sucks if I have to file when I don't owe any tax anyway, because of the expense in filing and in getting a notarized copy of my passport for an ITN application.

Welcome to the wonderful world of cross-border taxation. The US has similar requirements (certified copy of the passport) and I have to drag my spouse through the works (prior to last year the US didn't recognize our marriage, so I just filed single and didn't have to worry about it.)

On the topic of TFSAs; We've been doing retirement planning, too, and so I've seen how much hell filing US taxes is going to be. -.- The forms are so weird and vague that we will have to file when I start an RRSP. Another fun hat trick: Not getting to e-file ever again because my spouse doesn't have an SSN.

RRSPs are easy: there's a special IRS form for it - form 8891. It's one page.

Realize that TFSAs and retirement accounts for any other country require a 3520 and 3250-a form and you have to request an EIN for each such account. You won't be able to e-file if you need to file the 3520 (I have minor business interests in Canada as well so I must file 5471 forms). My US return each year is 75-100 pages long and typically I don't have any tax liability. I do it myself because the cost of hiring it out generates estimates in the $10k+ range. There's just so damned much paper.

 

[clearly]

Thanks computergeek!

 

[keesio]

Realize that TFSAs and retirement accounts for any other country require a 3520 and 3250-a form and you have to request an EIN for each such account. You won't be able to e-file if you need to file the 3520 (I have minor business interests in Canada as well so I must file 5471 forms).

Also note that one of the two forms (either the 3520 or 3520a) must be received by the IRS earlier (mid-march) than the other forms with no option for an extension.

 

[computergeek]

Also note that one of the two forms (either the 3520 or 3520a) must be received by the IRS earlier (mid-march) than the other forms with no option for an extension.

I believe this is incorrect. The 3520 is filed with your 1040 and you can check off a box (at least on the 2013 version) that indicates why you are doing an extension (it looks like they are permitting people to file the 3520 separate from the 1040 now so you can file part of the return electronically and then file the 3520 separately). The 3520a is only required if there were contributions or withdrawals.

Are you sure you aren't thinking of the FBAR? That must be filed by 30 June and there is no extension for that. It's also not filed with your tax return and it only applies to anyone with more than US$10k in foreign bank accounts (or anyone with signatory authority over a third party account - like a business account). http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Report-of-Foreign-Bank-and-Financial-Accounts-FBAR (and I see they extended the exemption for signatory reporting once again).

I guess the good news is that it looks like the FBAR will be filed electronically now.

 

[computergeek]

I guess the good news is that it looks like the FBAR will be filed electronically now.

Where "electronically" means "fill out the PDF form, print and sign, scan and then submit the scanned copy".

 

[NicAnn]

Just landed 3pm Eastern time today

Everything went pretty smoothly and took us about 20 minutes. 8) Then we went and had a nice supper at Swiss Chalet, and even ordered dessert! It all still seems surreal to me. YaY!!! Thanks to all who have helped me here, this board is awesome!

 

[clearly]

Congrats NicAnn! We are very happy to see things moving along again.

 

[NicAnn]

Congrats NicAnn! We are very happy to see things moving along again.

Yes, it's great! 8) Thanks clearly, hang on and soon the time will come for you too. It is so surreal, but like a weight lifted from my shoulders. When it happens for you, it will almost seem like it wasn't a long wait at all. Just only while you are in the midst of it the waiting can be very tiring. Hang in there and soon it will be you feeling this kind of joy.

 

[chala]

Just landed 3pm Eastern time today

Everything went pretty smoothly and took us about 20 minutes. 8) Then we went and had a nice supper at Swiss Chalet, and even ordered dessert! It all still seems surreal to me. YaY!!! Thanks to all who have helped me here, this board is awesome!

Congratulations! ! Finally it's all done, just have to wait for your PR Card, MCP and SIN. Best wishes for a happy life in Canada.

 

[Florida Bear]

Just landed 3pm Eastern time today

Everything went pretty smoothly and took us about 20 minutes. 8) Then we went and had a nice supper at Swiss Chalet, and even ordered dessert! It all still seems surreal to me. YaY!!! Thanks to all who have helped me here, this board is awesome!

Congratulations! That is so wonderful!

I can imagine it was surreal, like "is this really happening"? lol And it did! Enjoy the new life!

 

[Buffy2323]

I realized that the spreadsheet isn't updated with our sponsorship approval. We had sponsorship approval on August 15th, 2013.

You are updated.

 

[NicAnn]

Congratulations! ! Finally it's all done, just have to wait for your PR Card, MCP and SIN. Best wishes for a happy life in Canada.

Thanks Chala, yours is coming soon too. Still have a few things to do....wow, it really happened!