Marrying a US Citizen want to live in both countries

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DovimaNew Member
Topic author
Posts: 1
Joined: 27 Nov 2007

Marrying a US Citizen want to live in both countries

Post Tue Nov 27, 2007 5:06 pm

I am a Canadian wanting to marry a US Citizen, we both have busineses in our repective
countries and would like to live in
both countries. What paper work do we
require to make this happen. Finally,
does it make it easier to marry in
Canada or Europe rather than the US?
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RebaModerator
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Joined: 16 Jul 2004
Location: North Carolina

Post Wed Nov 28, 2007 5:06 am

It probably won't be immiedately possible to live in both countries. You could do the back and forth thing, but sooner or later someone is going to be denied entry and barred until you have some sort of immigrant visa. Immigrant visas take time, and then you are required to be a permanent resident, with a set amount of time in the country or you lose your status.

It wouldn't matter where you get married really, either country, or Europe, you're still going to have to figure out which country you both want to live in and start some immigration paperwork.
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StevenCanuckAbroad VIP
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Location: Calgary

Post Thu Nov 29, 2007 6:19 pm

If you're only spending max six months in either country, you just get married and one of you remains a visitor.

Canada is the easier option for permanent residency, because it's faster to get citizenship, you have to be physically in Canada for a total of three years in the last four years to qualify for citizenship.
Steve.
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RebaModerator
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Joined: 16 Jul 2004
Location: North Carolina

Post Fri Nov 30, 2007 5:09 am

Yes, but while you're "visiting" for that 6 months, you can't legally work, so unless they're independently wealthy, most couples can't manage that for more than one 6 month stint.

US citizenship is also available only 3 years after you get permanent residency based on marriage to a US citizen.
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KassvanNew Member
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Joined: 24 Mar 2009

Re: Marrying a US Citizen want to live in both countries

Post Thu Apr 02, 2009 12:05 am

"If you're only spending max six months in either country, you just get married and one of you remains a visitor."

Does anyone have a definitive answer to this? This is exactly what my American fiancee and I (Canadian) wish to do.....get married and live six months in Canada (less 1 day so he doesn't have to pay Canadian taxes), spend four months in the US (less 1 day so I don't have to pay taxes) and two months elsewhere. Will the US grant me entry as a visitor knowing that we are married? Is it just a matter of carrying proof of my Canadian residence? (We are retired so working is not an issue)
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RebaModerator
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Joined: 16 Jul 2004
Location: North Carolina

Re: Marrying a US Citizen want to live in both countries

Post Thu Apr 02, 2009 4:02 am

Depends. Yes, it is legal to spend 6 months in either country, however, when you're married to a citizen, it gets more difficult, and more likely to be denied entry. No one here can give you a definitive answer one way or they other. It may work for a year or so, and then one of you may be denied entry.
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StevenCanuckAbroad VIP
Posts: 3635
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Joined: 28 Sep 2007
Location: Calgary

Re: Marrying a US Citizen want to live in both countries

Post Thu Apr 02, 2009 4:08 pm

We had a big thread on this subject before, if you're retired it's not a sensible plan because at the moment as individuals you can have two principal residences, one is his and one is yours. If you're married you can only have one, so one home becomes subject to capital gains tax. Plus a spouse is a residential tie for tax purposes so it means that you have to choose which country you want to be your tax home, you can't have two. Of course, if one country is your tax home then that means you basically have to be a permanent resident of that country.

Basically if you're married you have to be based in one country. Which one is the question. In Canada it's faster to get citizenship, however the US has lower taxes plus as an LPR of the US you can spend up to six months outside of the country and still qualify for citizenship. With Canada you can only spend up to a year out of four years and still qualify (which works out to an average of three months a year).

Also it can foul all kinds of things up because you're not filing jointly although you're married.

Basically it's a minefield, the more I think about it the more problems I can think of. The short answer is either don't get married or if you do, choose which country you want to be your principal residence.
Steve.
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