Wishing to marry an American in three weeks

Patzt
New Member



Joined: 02 May 2008
Posts: 1
Location: Guelph, Ontario

Posted: Fri May 02, 2008 6:51 am

 

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We are two seniors (widow and widower) wishing to marry. (67 years and 71)

There will not be any working involved.just companionship. We are both seniors and will not be going out to work. I'm Canadian (Guelph, Ontario) and he's American (Falls Church, VA)

We hoped to keep a small residence here in Canada and one in Virginia. We found out last evening that we should have some papers and we're not sure what we need or how to get them.

Can someone help?

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flames9
Senior Member



Joined: 08 Mar 2007
Posts: 105
Location: Falls Church VA

Posted: Fri May 02, 2008 9:54 am

 

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Great forum for relationship visa's is:
http://www.visajourney.com/forums/
Since u dont care about working, the fastest route is the K1,its a fiance visa (not married) Takes around 6-8 months from start to finish! The immigration process isn't fast I'm afraid! Once u get the K1 visa (your interview would be In Montreal since ur in Ontario) one can then move to the USA, BUT once you enter and activate the visa, you CAN't leave the USA (wel lu can leave, but won't get back in) until you have completed Adjustment of Stats (AOS) or u apply for and get approved for Advance Parole (AP).

NOW if you entered the USA and had no intention of staying, but out of the blue you got married, and said hey, i want to stay, you could just AOS wink wink, but there are risks going that way, and again, one can't leave the USA until u complete the AOS or get AP. Many canucks go that way, and i was actually told by a USA immigration attorney to do that! For me personally, it sounds a bit fishy and risky,thus I went the total, dont lose any sleep way of the cr-1 visa (marriage based)

Check out Visajourney (VJ) and the K1 forum. Free to sign up. We even have a Canada section. I'm in Falls Church as well!

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1172
Location: North Carolina

Posted: Sat May 03, 2008 4:42 am

 

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Which country do you plan to get married in, and where are you both now? Which country do you wish to be your primary residence? The immigration paperwork for either country is long and drawn out process, and there are pros and cons to living in each country. Tax implications and healthcare issues would be primary concerns for retirees I would think. As a sponsored spouse in the US, you would not be eligible for means tested benefits, which means you'll be paying thru the nose for healthcare costs, and if you move your primary residence to the US, you won't be eligible for OHIP either.

Lots and lots of things to consider.
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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1112
Location: Calgary

Posted: Sun May 04, 2008 9:12 pm

 

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"Some papers". Bit of an understatement I'm afraid! It really depends on where you want to live and the way the tax system works you cannot have two principal residences, it's either Canada or the US.

If you could stand living exactly six months a year in Canada and six months a year in Virginia then actually you don't have to do anything, because you enter as a visitor into the US and he enters as a visitor into Canada. And you just file your taxes as individuals. (Not necessarily consecutive days, six months total each country). However in reality, USCIS is going to have a problem with a spouse entering as a "visitor" sooner or later unless he can satisfy them he lives in Canada.

If you're going to maintain two residences, from a tax standpoint it will work out better that way because otherwise one will be subject to capital gains tax when you sell it. Technically under the law if you're married, married couples can only have one primary residence but if you only visit each place as visitors I'm not sure it would matter - might work out better not to get married though, the tax guide on CGT says married couples can only have one principal residence.

But anyway, if swapping homes every six months doesn't appeal, then one of you is going to have to sponsor the other for permanent residency, you need to decide where you want your principal residence to be.

Reba mentioned the health care system in Canada, that's true, but it's really awkward for US citizens to sever ties for tax purposes from the US, especially if they have a home there.

The Canadian spousal immigration system is simpler than the US one, so it's easier for you to sponsor him than the other way around.

However really your first port of call needs to be an accountant who specialises in US/Canadian cross border tax issues in my opinion (and all of the good ones in this situation will be Canadian, not American - bear that in mind when you look for one, Canadians have a better understanding of the US tax system than they do of ours). You really need to have a careful think about which is the most advantageous tax situation to be in, because there are all sorts of things that will be affected, for example any investments you have becoming subject to US tax, or any investments he has becoming subject to Canadian tax, etc. What returns etc. you will need to file every year and with whom.

Once you've figured out where you want your tax home to be, then you can figure out whose immigration system you want to use!

Bear in mind all of this also has a bearing on other things, like where you have your cars registered, who issues your driver licenses, etc.
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Steve.

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