Completey Confused! K3 or CR1? Mail or DCF?

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simistarJunior Member
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Joined: 26 Feb 2009

Re: Completey Confused! K3 or CR1? Mail or DCF?

Post Sat Feb 28, 2009 12:02 pm

Yes, of course!
His parents also ordered his long-form birth certificate and a copy of his other birth certificate...so we've got ALL that stuff!
Now, I just have to sit on my butt waiting for MY long-form birth certificate...which I've already been waiting for for a MONTH...

Oh well.... :(
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StevenCanuckAbroad VIP
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Location: Calgary

Re: Completey Confused! K3 or CR1? Mail or DCF?

Post Sat Feb 28, 2009 5:02 pm

simistar wrote:Anyone (maybe your friend Steven? :-)) know which is correct?


She told me the other day they've sent it back several times because they keep asking her for additional bits of info, which is why I said they might have some sort of supplemental form which isn't mentioned in the I-130 instructions. I get the impression they're a bit awkward about it as you've discovered yourself. As I recall she talked to an immigration consultant who told her where to mail it to.

Best bet I think is to physically go there and talk to them about it and save yourself a runaround.

FWIW: http://www.consular.canada.usembassy.go ... lative.asp
Steve.
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RebaModerator
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Location: North Carolina

Re: Completey Confused! K3 or CR1? Mail or DCF?

Post Sat Feb 28, 2009 6:13 pm

simistar wrote:Yes, of course!
Now, I just have to sit on my butt waiting for MY long-form birth certificate...which I've already been waiting for for a MONTH...

Oh well.... :(


Call your MPP's office, someone there should be able to light a candle under the Registrar to get it to you faster. And yes, long form birth certificate is required for the beneficiary at your interview, but not for the I-130 petition. For the petition, they're more concerned with the information regarding the US citizen, and his relationship to the person he endevours to sponsor.
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simistarJunior Member
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Posts: 12
Joined: 26 Feb 2009

Re: Completey Confused! K3 or CR1? Mail or DCF?

Post Sat Feb 28, 2009 8:24 pm

That's funny you mention a "supplemental" form for the I-130 that Vancouver might require...
I actually got another e-mail from them (shocking, I know! :shock: ), and they attached a list of supporting documents we'll need...and some of them on the list are "extra" to what the I-130 instructions say...
So maybe that's what your friend has had to deal with...?
Anywaaay, thanks for all your help!!
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StevenCanuckAbroad VIP
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Location: Calgary

Re: Completey Confused! K3 or CR1? Mail or DCF?

Post Sun Mar 01, 2009 10:41 pm

There's a list of them in the link I posted above.
Steve.
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simistarJunior Member
Topic author
Posts: 12
Joined: 26 Feb 2009

Re: Completey Confused! K3 or CR1? Mail or DCF?

Post Sun Mar 01, 2009 11:24 pm

Steven wrote:There's a list of them in the link I posted above.


So there is!
Sorry... I feel like I have looked at WAAAY too many documents online recently that I keep anything straight...
Thank you AGAIN:-)

-- Sun Mar 01, 2009 10:25 pm --

Make that "CAN'T" keep anything straight!
(can't even type anymore, lol:-)0
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StevenCanuckAbroad VIP
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Re: Completey Confused! K3 or CR1? Mail or DCF?

Post Mon Mar 02, 2009 11:06 am

Just FYI, but I've noticed that one thing that trips a lot of people up doing this is that their US spouse stopped filing tax returns after they left the US, which is legally required. The sponsor has to provide his last three years of tax returns so it's important to have filed them. Generally if he earns less than US$87,600 a year then he is under the foreign income exclusion limit, so basically he needs to just file a Form 2555-EZ, declare his income on it and a 1040 for the last three years. There isn't any tax to pay provided his income was under that limit (even over it, it has to be a fair bit over it before there is a significant bill).
Steve.
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simistarJunior Member
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Joined: 26 Feb 2009

Re: Completey Confused! K3 or CR1? Mail or DCF?

Post Wed Mar 04, 2009 10:56 am

Steven wrote:Just FYI, but I've noticed that one thing that trips a lot of people up doing this is that their US spouse stopped filing tax returns after they left the US, which is legally required. The sponsor has to provide his last three years of tax returns so it's important to have filed them. Generally if he earns less than US$87,600 a year then he is under the foreign income exclusion limit, so basically he needs to just file a Form 2555-EZ, declare his income on it and a 1040 for the last three years. There isn't any tax to pay provided his income was under that limit (even over it, it has to be a fair bit over it before there is a significant bill).


Eeek! :shock:
Okay, so I just want to confirm this...
He has to have filed US income tax returns for the past few years...?
He has obvously been filing Canadian returns, but I'm not sure is he's kept up with anything in the States....
Assuming he hasn't, are you saying he just needs to file those two forms for the years he's missed...?

Thanks...in advance :-)
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StevenCanuckAbroad VIP
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Re: Completey Confused! K3 or CR1? Mail or DCF?

Post Wed Mar 04, 2009 11:29 am

US citizens (and LPRs) MUST file a 1040 return every year regardless of where they live. They can't complete the I-864 without copies of their returns and it explains this in the instructions.

Like I said, provided his income is under the exclusion limit (US$87,600 for 2008) it's not a particularly big deal. He just needs to file a 1040 and a 2555-EZ for the years that he's missed. The IRS may assess a late filing fee penalty but if there's no actual tax outstanding it's not something to be terribly concerned about. From the sounds of it only 2007 and 2006 are late anyway.

2555-EZ is pretty straightforward to fill in (but read the instructions carefully) and if he's under the exclusion limit, 1040 is simple too.
Steve.
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RebaModerator
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Location: North Carolina

Re: Completey Confused! K3 or CR1? Mail or DCF?

Post Wed Mar 04, 2009 5:31 pm

He will be required to file US income tax returns for the years he has been in Canada, to a maximum of 7 years.
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