dakota44

Apologies...but this is sort of a long post.

I've been reading quite a bit here and thought I would post my situation. It is somewhat interesting. First of all, I married a Peruvian woman that I have known for two years. I had been friends, almost like a brother, with her sister for 4 years and it was she who introduced us. Last year she was visiting her brother in California, with her two daughters. I flew them to Las Vegas and joined them there for 4 days. The following month I flew to Lima for a two week visit with her and her family. I returned again in January of 2006 and then again in September.
Her daughters were both in the U.S. with relatives at that time, Florida, and attending High School. She was lonely for her daughters, quit her job and flew to Florida, on a valid visitors visa, to wait for them to finish the school year and then return to Peru. I phoned her in Florida on Thanksgiving and proposed. Because I had mentioned many times how much I loved Peru and wanted to live there, she assumed that I would return to Peru with them. I suggested that her daughters had a much better future in the U.S. She discussed it with her daughters, because for both of us it was important that they supported the decision. They did, and have happily accepted me as a father. Now the interesting part..............
I am an American Citizen, obviously, but have resided in Canada for 28 years. I flew to Florida in December, we were married and hired an immigration lawyer (more about him later). There is a domicile requirement for sponsoring a spouse. While in Florida I switched the utility bills for the home they are living in (shared with a nephew, the lease is in his name), opened a joint bank account and deposited thousands of dollars, obtained a Florida drivers license and registered to vote. The domicile requirement has a loophole...for lack of a better word coming to mind. You do not need to be domiciled in the U.S. in order to file for AOS, you only need to demonstrate an intent to domicile prior to final adjustment of status. Now we get more interesting.
It is my intention to move to Florida as soon as possible. Truth is, it is killing me to be separated from them. However, it will take some time. I have a continued employment obligation here for at least another 9 months. Also I need to find a job in Florida prior to moving. I anticipate the initial interview in April or thereabouts. At that time I will return to Florida and submit some resumes. The IRS has an interesting little piece of information. According to IRS regulations, it is possible and legal to be domiciled in the U.S and have a "tax home" in another country, your place of employment (this is directly from an IRS rep in Philadelphia and from the IRS website). This results in being able to eliminate all foreign taxed employment income from U.S. taxes (although I would MUCH prefer to pay the low U.S. rate). So it begs the question of whether the INS will take the same point of view as regards employment overseas. My hope is that they will approve at the initial interview with some expectation of my departure from Canada prior to lifting the two year restriction.
As an side, I am concerned about the health insurance issue. DAMN it's expensive. Not used to that in Canada, free health care and all. I'm also 20 years older than my wife, she being 40 and me being 60 (but trust me, nobody pegs me at more than 50). All in all, I am expecting an interesting interview. And sweating bullets. Any opinions?

Oh yes. The lawyer. I had a few conversations with him on the phone, and was impressed. Not to mention he was far more reasonable in what he would charge for adding the two daughters to the equation. When we arrived at his office, it was painfully obvious that the poor guy is in late stages of Parkinsons. The whole process was difficult. I expected a certain handling of the forms, it wasn't what I expected. We took forms home and filled them out and returned them to him. I went in on a Saturday to sign the typed forms. He hadn't done it and I sat there for a few hours while he struggled to operate the keyboard on his computer and prepare the forms. I ended up having to dictate all the information that I had already hand written. Then it was me who had to explain the domicile rule to him. He then looked it up and verified it. He continually spelled one of my stepdaughters name wrong, got names confused, etc. He would ask me for certain things and I would say "You already have it". Then, when I returned to Canada, he contacted me to say he had forgotten to have me sign the signature pages for the girls and has to mail them to me so I can sign and send them back. Call me stupid, but I couldn't bring myself to can him. I'm just hoping for the best.

workboresme

Too many words, I can't be arsed to read it.

workboresme

Dunno about the rest of it, but that's when you get a different lawyer

ian-mstm

Actually, since this is the first time you mention it, it isn't obvious! But I digress...


Unfortunately, USCIS (INS hasn't existed as an entity for many years now) does not think like the IRS, so the definition of "resident" has two completely different meanings!


Since you specifically asked for it, you're stupid. How on earth can you continue to use an attorney who is, apparently, unable to help you in an informed and timely manner? Money be damned! According to you "it is killing me to be separated from them" and the more delays caused by your attorney, the longer you're going to be separated from your family. Most of us here consider immigration to be stressful enough without actively working to make it harder on yourself. Okay, maybe you feel sorry for the guy... well, suck it up. You are not helping your family by continuing to use this man's services.

Bottom line - you, and you alone, are responsible for having the paperwork completed correctly with all the i's dotted and t's crossed - if things don't go well, it's not going to come back on your lawyer. Get another attorney, if you still feel you want to use one to help you sleep better at night.

Oh, while I'm thinking about, your age difference will not be an issue.

Ian

dakota44

Yes, you would be correct..it really wasn't obvious. I was forgetting that persons other than American citizens can petition for family.

INS is still ingrained in the minds of many..in fact if you google INS, you get the USCIS site. I agree that they won't necessarily take the same view as the IRS, but I plan to discuss it if the need arises.

As for the lawyer...believe me, I have spent many hours researching and reading the USCIS regulations etc. I am confident that all the paperwork is done properly. Obviously I had to read and approve the forms I signed and I had, as mentioned, done many hours of research and reading prior to putting my name to the forms. I could have done it myself, but because I am 2,000 miles away, I wanted at least a representative 'on site' so to speak. Unfortunately, the limited time I had in Florida did not allow for more Lawyer shopping. I did suggest to my wife that if she was not satisfied, she had my agreement to find another lawyer.

Rete

It is hoped that you, as a USC, have been filing your 1040 federal tax return annually for the last 28 years. If not, you might well want to start filing past due 1040s now since you will have to complete an I-864 for the wife and her children. If you have no other dependents that would mean you need to have the income available to support a family of 4 under the poverty guidelines. Will they consider your Canadian income? Not sure that they will. You can always find a co/joint financial sponsor for your wife and her children but note that the sponsor must be either a USC or PR and must reside in the US.

Since you prefer living in Canada, why are you not petitioning for them to become Canadian residents under the family unity act and/or spousal visa.

dakota44

6 years of tax returns brings you into compliance..which I have done. Already filed the I-864 with U.S. tax returns for the past three years. When I moved here I had no clue that I was still required to file U.S. tax returns. But, as was explained to me by the IRS, I am far from the only one. It is a very common misunderstanding. In any event, all of my income is free from U.S. tax as I fall below the maximum allowed income for that catagory, so filing is a snap. I was actually taking a much harder filing route (taking a deduction for foreign tax paid) until an hourlong discussion with a very helpful IRS person in the Philly office. Saved me a lot of work and time.
Yes, they will accept my Canadian income. And it is well above the 120% of poverty line.
As for Canada, it is possible that I will file here as well, and offer them the choice. Canada is fine, but the winter is damn cold and brutal. Had enough of it. Not to mention the tax situation, higher income tax, plus 8% provincial sales tax (none for Florida), 6% GST (none in the U.S.) Ontario income tax (none in Florida) gas is about 50% more expensive here (and we EXPORT oil..go figure) etc. The only real hitch is the health care. What I save in taxes in the U.S. will mostly be eaten up by health insurance cost.

Filing for Canada creates some issues as well. She has no visitors visa for Canada (and likely would not qualifiy for one now because she is not in Peru, not working, etc) , so not possible to get them here and file 'in country'. Filing out of country means through the Lima, Peru office. This entails her eventually having to depart the U.S. and go to Lima for interview (already verified this with Immigration Canada), and, if succesful, going again to have her passport stamped. Not to mention the difficulty in acquiring all of the items they want from Peru.

Rete

As my Canadian husband will tell you and others here will affirm it, the tax structure in the US is far higher than what you are paying in Canada and for what you get for the monies.

While Florida does not have a State Tax, as yet, they have a high sales tax, higher property taxes, etc. Unless you are living on the road, your fuel costs are negible. I only have to fill up once a month.

As for healthcare, you won't be saving much in living in Florida in the way of taxes, etc. so your healthcare is going to cost you big time. Especially since you are older (over 60) and haven't had a US healthcare policy for 28 years. You are not eligible for social security even as a USC until you have worked 40 quarters (10 years) and therefore not eligible for senior healthcare (medicare?) either. This I know first hand as my Canuck is 65 and although now a USC has only worked 30 quarters and is not eligible as per his visit to the social security administration's office.

Returning to the US might be a welcome break from the cold and long winters of Canada, but even as a USC you aren't going to be getting much benefit from that status.

dakota44

I appreciate your response..but, a few corrections. I erred on the Florida sales tax, but there is still the issue of 6% GST on everything we buy in Canada, except food (unless it is restaurant or prepared food in the supermarket..prepared food is taxable) As for income tax, the manner in which deductions are taken makes a huge difference. In Canada you have one deduction for yourself (a spousal deduction can be taken, but only if her income does not exceed the maximum deduction and she is not filing a return and taking a deduction for herself..or you can take a deduction for head of household) and NO, I repeat NO deductions for children. In Canada, by the way, there is no such thing as a joint tax return. Taking personal deductions does NOT reduce your taxable income. Instead, you calculate your tax and then take a non-refundable tax credit equal to 15% of the deduction (the lowest tax rate). I would also point out that in Canada YOU CANNOT DEDUCT MORTGAGE INTEREST OR ANY SALES TAXES. That's a pretty big dent for homeowners. Let me give you a comparison of tax returns.
Converting my Canadian income to U.S. dollars for 2005. $44,319.
I take a direct reduction of income for married filing jointly. $10,000. I take a further reduction of taxable income in the following way..$3,200 each for me, spouse and each of two children. total for that $12,400. Total reduction of taxable income, $22,400. Taxable income, $22,319. Total Federal tax from the tax table, $2,619. There is no State income tax in Florida and, if they should institute one, it is doubtful that it would be as punitive as Ontario's where it is calculated at about 50% of your federal tax. In fact, my Ontario tax was double what my U.S. Federal tax would be. My tax in Canada (provincial and Federal) on the same income was, in U.S. dollars, $8,950. I rest my case. As I pointed out, paying for health care will eat that up, but still there is the issue of lower cost of living and no GST, mortgage interest deduction (which I did not calculate for this example) etc. It does not change the fact that taxes are higher in Canada than in the U.S. by a long-shot. Also, they have now instituted a health care surtax that I pay on my tax return. Above certain income levels there is a formula to calculate it and last year it cost me $650 over and above my income tax.
As for property tax, I just calculated the tax rate (based on Sarasota's property tax site) a 12.5 mill rate and a $200,000 tax value on the home. $2,500 tax including school taxes. The same value house where I live, $3,900. So that's cheaper too. And I'm sure that I've left out some other deductions in the U.S. that are not allowed in Canada.
Any way you look at it, Canada is higher tax than the U.S. The only other issues is Social Security contributions. They are at least double the max for CPP in Canada, but the benefits are larger too (if you have paid in long enough at max). But I would lose a little over $1000 of my tax edge there.
I paid into Social Security for 20 years before moving here, so I am covered just fine when it comes to elegibility. I am also in the position of being able to collect from both Social Security and Canada Pension.

Rete

Well I still beg to differ, as would my Canadian husband. He didn't migrate to the US until age 57 and he has paid taxes all of his adult life in Canada and has lived in every province in Canada and retired from the RCAP after 36 years and lived in Ottawa. He will be the very first to tell you (and this is where I have to agree with him and it isn't often that I do), that the US tax structure is definitely higher than the Canadian tax structure even with the government sex taxes included. In fact he still pays taxes in Canada on his military pension and now his old age pension and will until the day he dies (as will you). And yes, I know all about the tax treaty because of the dual income and property owned in Ottawa.

Enjoy your life in Florida. There is a cost to the sunshine as you well know or will know sooner or later. Wish you and your wife and adopted family a Merry Christmas.

ian-mstm

Having lived most of my life in Canada, sadly, I have to agree with you. Canada does not have the tax base (read = population) to support a world class economy although they are classed as a first world country. So, we Canadians are taxed heavily, and in return for those tax dollars we don't see nearly the benefits we get here in the US. As for "free" health care... ain't no such a thing. Most individuals are covered through their employers and those who work for very small businesses must foot the bill themselves. If you're indigent, the provincial government will cover the cost for you... but those who are indigent (or on old age pensions) are far and away a very small part of the population. We (individuals and businesses) pay for health care through tax dollars. Yes, you don't generally have any out-of-pocket expenses when you go to see a doctor... but it's certainly not free by any stretch of the imagination.


Sheila and I are actually considering a move from Kentucky to Minnesota. I never thought I'd miss the cold, but I do... and it's far better for my health. I don't care much for the snow... but I love the cold!

As for the OP, he seems to have things well in hand at this point, so good luck to him.

Ian

dakota44

What Province did you live in? In Ontario, OHIP covers everyone, period. Yes, employer provided plans take up some slack as regards prescriptions and dental among other things, but my ex had 3 children here, cost to me, zero. I had 7 kidney stone attacks and three hospital stays as a result, cost to me, zero. I had 7 or 8 MRI'S and CTScans and numerous specialist visits for a problem behind my eye, cost to me, zero. My 23 year old daughter had a baby, complications, c-section, severe infection, week-long hospitalization, a return for surgery to open her up and drain more infection in the C-section, then her gallbladder removed. All within a month. She has no coverage except OHIP. Cost to her, zero. Doctors visits for her and the baby, cost, zero. Home care visits daily for attention to her surgical dressings etc., cost, zero. Emergency room visits? cost, zero. In fact, there was an outcry when the idea of a small fee for emergency room visits was suggested. Never got off the ground. If you do not have employer health insurance here, the only thing you lose is dental, prescription and private room coverage. Everything else is paid.
Years ago OHIP premiums were split between employer and employee. If you were not ermployed, you did not have to pay any premiums and were still covered. Now, the employer payts the full shot and you pay, zero, until you do your taxes and determine if you have a surtax to pay for OHIP. But of course, you are correct...for some of us nothing is free. If you work, you pay for the coverage in your higher taxes. If you don't work, well, then it's free.

HondPopper

Rete what is this sex tax? And how do I go about getting a refund?

dakota44

It was only a matter of time before they taxed that too. lol

Noorah101

My brain feels a bit taxed after reading all this....LOL