Canadian Passport -US GreenCard

sudhir59
New Member



Joined: 14 Sep 2008
Posts: 2
Location: Cambridge

Posted: Sun Sep 14, 2008 5:58 pm

 

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Hi,

I became US Green Card holder along my wife and two kids-last year in September. I visited US in December 2007 for the first time as a US Immigrant for the first time. I stayed there for short time and returned to Canada. After that visit I went to US 2-3 times every time by showing my Canadian Passport. They never asked me to show my US Green Card.

I am not planning to move to US in near future-however I don't want to loose my Green Card. Can anyone please show me the way?

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1582
Location: Calgary

Posted: Mon Sep 15, 2008 10:44 am

 

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You can't keep it if you don't plan on staying. For one thing a claim of permanent residency under the tax treaty means exactly that - you permanently reside in the US. Which means you must file a US tax return every year as a resident. If you carry on living in Canada you will be subject to dual taxation.

You should have filed a 1040 for 2007, in fact you should have filed dual-status, meaning a 1040NR for the part of 2007 you weren't there.

If you don't file tax returns it puts your PR status in jeopardy.

The only way around it would be to file a 1040 in the US and file a non-resident T1 in Canada, however this is impossible if you don't sever residential ties to Canada as the CRA won't believe you.

To maintain your PR status if you are outside the US you have to file USCIS Form N-470, but this can only be done in limited situations (e.g. you work for the US Govt.), from the sounds of it you wouldn't qualify.
_________________
Steve.

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sudhir59
New Member



Joined: 14 Sep 2008
Posts: 2
Location: Cambridge

Posted: Sat Sep 27, 2008 7:07 am

 

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Hi,

I can still apply for re-entry permit to stay away from US for up to two years. Can't I?

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1449
Location: North Carolina

Posted: Tue Oct 14, 2008 3:21 am

 

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here's the USCIS webpage with info on what your obligations are now as US green card holders.
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I miss Shreddies!

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1582
Location: Calgary

Posted: Sun Oct 26, 2008 10:34 am

 

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A re-entry permit doesn't help because your problem is that you have not established a principal residence in the US. Without severing ties to Canada there's no way of avoiding dual taxation. You cannot permanently reside in both countries simultaneously.

If your family was in the US, you had a house there and perhaps you just visited Canada to work but could demonstrate you were non-resident (i.e. US driver's licence etc.) then you could do it that way.
_________________
Steve.

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