Best way to go to USA from Canada without being hassled?

[agnelson]

No, you have to have lived so many years in canada, as an adult, to collect OAS.

You need to work one year in Canada to collect CPP.

It's always good to be familiar with what the references actually say.

[Reba]

semantics

[agnelson]

accuracy.

You are a moderator after all.

[Steven]

I am a retired woman married to an american. I was told i had to apply for a green card to beable to visit my husband for an extended time. I have commitments in canada so I can only leave for a couple of weeks at a time. Summers sometime for a month. I would like to know does this affect my canada pension if i apply for a green card.
I have been told that i can not return unless i show them 12 years of taxes and bills and bank statements can they do that. And would it be better to get a nexus card and how would that help me.
canukprincess

Best option here is to get your husband to file for you on I-130 and you get LPR status in the US. You have to be out of the US for more than a year to lose it so spending substantial time in Canada won't hurt, in fact if you spend more than six months in the US each year you can still qualify for citizenship after five years.

Bear in mind however as soon as you get LPR status your tax home automatically becomes the US. This does not affect your receipt of OAS and CPP, but I think CPP is taxed at 85% of the US income tax rate, can't remember the treaty provisions off-hand. Your RRSP (if you have one) is covered by treaty provisions so don't worry about that one.

That stuff about 12 years of guff is wrong, even the IRS only go back seven years.

There have been a lot of threads on here in the past about pensioners getting married "for love" but for whatever reason they cannot live in the same country. There are various problems doing this that you should consider - if your tax home moves to the US you become exposed to departure tax. Because you're married, you can only have one principal residence so one of your homes will be exposed to capital gains tax. If your assets move to the US, they can become exposed to US estate tax. Probate will need to be performed in the US when you die, etc. All of this has various implications for you and your heirs.

Really the best plan is to talk to a good cross-border accountant before moving forward on this. e.g. www.serbinski.com or www.ustax.ca - there are others.

[agnelson]

Bear in mind however as soon as you get LPR status your tax home automatically becomes the US. This does not affect your receipt of OAS and CPP, but I think CPP is taxed at 85% of the US income tax rate, can't remember the treaty provisions off-hand. Your RRSP (if you have one) is covered by treaty provisions so don't worry about that one.

Correct. Both OAS and CPP, by treaty will now only be taxed in US, and only at an 85% inclusion rate (ie. 15% of CPP and OAS are not taxable at all). Moreover, your OAS will never be subject to clawback as it might if living in canada, regardless of your yearly income. And it'll be direct depsited into your US account in US$. Pretty neat.

If you do have RRSPs, they are covered by teaty, but you will have to fil la form 8891 every year.

[Reba]

if you want the job ag, you're welcome to it, I've been trying to get them to replace me for well over a year now.

and i'm only a moderator in the US forum. Here I can do or say whatever.

[agnelson]

Wouldn't want the job, and don't deserve it.

This is a travel site, so a travel expert should moderate.

[Reba]

Well then I'm sure not it! Never have been.