AAABBB

I work in US on H1B visa and recently got married to a Canadian citizen. However, she is living in Canada completing her masters and visits me frequently.

I am wondering if I should file my Tax in Single or Married status.

Also, do I need to do something regarding my change of marital status for my H1B visa...??

Thank you for your help.

Stuart Brook

AAABBB wrote:
    >
    > I work in US on H1B visa and recently got married to a Canadian citizen.
    > However, she is living in Canada completing her masters and visits me
    > frequently.
    >
    > I am wondering if I should file my Tax in Single or Married status.
    >
    > Also, do I need to do something regarding my change of marital status
    > for my H1B visa...??
    >
    > Thank you for your help.
    >

You need some definite assistance. Because your spouse is in Canada,
that can make you a Canadian resident for tax purposes! One specialist
in cross border tax issues that I am acquainted with is Mark Serbinski
(http://www.serbinski.com). He isn't cheap, but at the same time, he
may be able to save you from some costly taxation!

You don't need to do anything for your H1B, but when she comes to the US
to join you she will need to get H4 status at the time of entry, which
she can get at the border presenting a photocopy of the front and back
of your I-94, a photocopy of your I-797 Notice of Approval for you H4
employment, a photocopy of the ID page of your passport, a letter from
your employer indicating your continued employment, and finally your
marriage certificate. (Oh, and if a land port $6 for an I-94)

AAABBB

Hey Stuart:

Thanks a lot for your valuable advise. However, I forgot to mention that I am not a Canadian citizen or a PR. My wife has applied for me and I am awaiting PR visa. So therefore, I have no status in Canada yet, so does that require me to file taxes in Canada? I guess not.

I am a citizen of India and work in US on an H1B visa for the last 3 years. So now I go back to my original question. Do I need to do anything about filing my US taxes owing to change in my marital status?

Thanks again. Your reply is greatly appreciated.

Stuart Brook

AAABBB wrote:
    >
    > Hey Stuart:
    >
    > Thanks a lot for your valuable advise. However, I forgot to mention that
    > I am not a Canadian citizen or a PR. My wife has applied for me and I am
    > awaiting PR visa. So therefore, I have no status in Canada yet, so does
    > that require me to file taxes in Canada? I guess not.
    >
    > I am a citizen of India and work in US on an H1B visa for the last 3
    > years. So now I go back to my original question. Do I need to do
    > anything about filing my US taxes owing to change in my marital status?
    >
    > Thanks again. Your reply is greatly appreciated.
    >

The problem is that even though you personally have no status in Canada,
your wife does. Canada treats a spouse resident in Canada as if all the
family were tax residents of Canada unless you can prove otherwise.
There are a few exceptions that may be available, along the basis of
"closer ties", but it needs care in preparing the declaration.

What you do about filing your US taxes will be greatly impacted by what
you have to do for Canada. You cannot claim your Canadian wife as a US
tax resident - the US goes on the basis of physical presence (183 days
in a year). While you can claim "married" for the period you're
married, you can't file jointly unless she is physically present in the
US for at least part of the year.

I would strongly recommend you contact a cross border tax specialist
like Mark Serbinski (http://www.serbinski.com). A specialist deals with
the complications that arise from these situations as a part of their
job.

AAABBB

Thanks a lot for your valuable advice Stuart.

Kerberos

Do not if this apply, but under NAFTA you can claim anybody in Mexico
or Canada, if they met certain criteria, specially if you are related
and the person income is less that 3000 US a year.

I know turbotax has this information. Not sure what would be the case
if your wife had a greater income that 3000

K


Stuart Brook wrote in message news:...
    > AAABBB wrote:
    > >
    > > Hey Stuart:
    > >
    > > Thanks a lot for your valuable advise. However, I forgot to mention that
    > > I am not a Canadian citizen or a PR. My wife has applied for me and I am
    > > awaiting PR visa. So therefore, I have no status in Canada yet, so does
    > > that require me to file taxes in Canada? I guess not.
    > >
    > > I am a citizen of India and work in US on an H1B visa for the last 3
    > > years. So now I go back to my original question. Do I need to do
    > > anything about filing my US taxes owing to change in my marital status?
    > >
    > > Thanks again. Your reply is greatly appreciated.
    > >
    >
    > The problem is that even though you personally have no status in Canada,
    > your wife does. Canada treats a spouse resident in Canada as if all the
    > family were tax residents of Canada unless you can prove otherwise.
    > There are a few exceptions that may be available, along the basis of
    > "closer ties", but it needs care in preparing the declaration.
    >
    > What you do about filing your US taxes will be greatly impacted by what
    > you have to do for Canada. You cannot claim your Canadian wife as a US
    > tax resident - the US goes on the basis of physical presence (183 days
    > in a year). While you can claim "married" for the period you're
    > married, you can't file jointly unless she is physically present in the
    > US for at least part of the year.
    >
    > I would strongly recommend you contact a cross border tax specialist
    > like Mark Serbinski (http://www.serbinski.com). A specialist deals with
    > the complications that arise from these situations as a part of their
    > job.

lairdside

Download [http://www.irs.gov/pub/irs-pdf/p519.pdf and read pg 24 - if you are classed as a resident alien then you are subject to the same dependency rules as a US citizen - you can claim your spouse as a deduction on your tax return wherever they are and other dependents if they are resident in the US, Mexico or Canada. Subject to certain rules and qualifiers of course but all the info is in the pdf file

QUOTE]Originally posted by Stuart Brook
AAABBB wrote:
    >
    > Hey Stuart:
    >
    > Thanks a lot for your valuable advise. However, I forgot to mention that
    > I am not a Canadian citizen or a PR. My wife has applied for me and I am
    > awaiting PR visa. So therefore, I have no status in Canada yet, so does
    > that require me to file taxes in Canada? I guess not.
    >
    > I am a citizen of India and work in US on an H1B visa for the last 3
    > years. So now I go back to my original question. Do I need to do
    > anything about filing my US taxes owing to change in my marital status?
    >
    > Thanks again. Your reply is greatly appreciated.
    >

The problem is that even though you personally have no status in Canada,
your wife does. Canada treats a spouse resident in Canada as if all the
family were tax residents of Canada unless you can prove otherwise.
There are a few exceptions that may be available, along the basis of
"closer ties", but it needs care in preparing the declaration.

What you do about filing your US taxes will be greatly impacted by what
you have to do for Canada. You cannot claim your Canadian wife as a US
tax resident - the US goes on the basis of physical presence (183 days
in a year). While you can claim "married" for the period you're
married, you can't file jointly unless she is physically present in the
US for at least part of the year.

I would strongly recommend you contact a cross border tax specialist
like Mark Serbinski (http://www.serbinski.com). A specialist deals with
the complications that arise from these situations as a part of their
job. [/QUOTE]