International Issue Canadian living in U.S. while working in CA

[nk76]

I am an American with a Canadian girlfriend. She currently lives and works in Canada very near the U.S. border. I am in the process of moving close to the border so we can see each other more often.

My question is: Would she be able to live with me in the U.S. and commute into Canada everyday for work?

We have thought about her keeping her legal address in CA and then "staying" at my place. I would have to think with her crossing the border twice a day she would end up running into problems.

If anyone knows anything about this type of situation or could point me in the right direction as to where I could look for the answer I would really appreciate it.

 

[NYClex]

She might be successful doing this for a while but some day she might run into problems and be no longer admitted to the U.S.

To live in the United States she needs to be either a legal permanent resident (Green Card holder) or have a non-immigrant visa allowing her to stay. Basically there are only two ways to obtain that: by family status (marrying an American citizen) or through employment or sudies in the United States.

There is no visa for people living in the United States and commuting to work outside of the U.S. She is being admitted only on the basis of tourist status, but this status does not allow anyone to take residence here, which she would more or less do when she moves in with you.

 

[nk76]

Thank you for your repsonse.

I guess that confirms what we thought, but didn't want to hear. At least now we have a better idea of what our opitions are.

 

[Larraque]

I have a similar question, slightly different scenario.

My fiancee and I are planning to get married and I will move from Canada to St. Louis to live with her. However, I received an interesting offer from my current employer, to continue to work for them remotely. (I work as a software developer so this kind of scenario is very amiable to my line of work. There are developers living in the states doing work for our company already) If it's important, I am a canadian citizen (born in Canada).

I already know that we need to get a K1 marriage visa, and that we will be filing for that in the next couple of days. (and then later the permanent us citizen)

My primary question is - would I need to obtain a work permit in order to work remotely? What do I need from the US government in order to make this work?

Thanks in advance!
Brian

 

[NYClex]

Yes, you would need a work permit, or as they call it: Employment Authorization. It does not matter where your employer is located or where you send the product of your work, it matters where you physically are when you work. If you are in the United States, you need an employment authorization.

You can apply for an EAD once you have married and applied for adjustment of status to a legal permanent resident. I assume here that your fiancee is an American citizen.

 

[mvon64]

PR in Canada Working Remotely In United States

I am new to posting so forgive me if this conversation is over but I too have a slightly different question regarding living in Canada but working remotely in the US.

I have just received word that our application for permanent residence in Canada was approved.

My partner and I are in the process of getting our landing paperwork in order and plan on moving to Canada in November of 2005. I will continue working remotely for my company which is headquartered in New York.

Are there special requirements that I must satisfy for this type of working arrangement?

Am I correct in assuming that I will file both a United States tax return and I Canadian tax return?

 

[mvon64]

Yes, you would need a work permit, or as they call it: Employment Authorization. It does not matter where your employer is located or where you send the product of your work, it matters where you physically are when you work. If you are in the United States, you need an employment authorization.

You can apply for an EAD once you have married and applied for adjustment of status to a legal permanent resident. I assume here that your fiancee is an American citizen.

PR in Canada Working Remotely In United States

--------------------------------------------------------------------------------

I am new to posting so forgive me if this conversation is over but I too have a slightly different question regarding living in Canada but working remotely in the US.

I have just received word that our application for permanent residence in Canada was approved.

My partner and I are in the process of getting our landing paperwork in order and plan on moving to Canada in August of 2005. I will continue working remotely for my company which is headquartered in New York.

Are there special requirements that I must satisfy for this type of working arrangement?

Am I correct in assuming that I will file both a United States tax return and I Canadian tax return?

 

[sodapopkidd28]

Your situation is not too difficult. Since the company you work for is in NY they would sponsor you, that shouldn't be a problem. I am no tax expert, I would contact IRS but I would think that you would only pay taxes here in the US. But the IRS can answer that question for you or contact some place like H & R block. But get your company involved.

 

[mvon64]

Thank you!

I will do as you suggest....I imagine there are others like me so it can't be too dificult to figure out.

thanks again!

 

[golgappa]

Hello.
I am an indian citizen with a Canadian PR card. My husband (currently a student) plans to start working in the US this summer with an H1B. we will have apartments in Canada and the US. I will be in Canada for 4 days a week and in the US every Friday, Saturday and Sunday.
My company is recommending a B1/B2 visa for this arrangment. Will this work? I fear that my status as a "visitor" as per the B1/B2 coudl be questioned since my spouse has a residence and a job in the US. What are you thoughts on this?

Would an H4 be a safer option?
Also, will I be taxed on both sides of the border.
Thank you for your help!!