Timeline for Canadian overstayed in the US for 14 years. Can I leave to Canada and return back to the US?
Current License: CC BY-SA 3.0
12 events
| when toggle format | what | by | license | comment | |
|---|---|---|---|---|---|
| Oct 31, 2017 at 7:56 | comment | added | JollyJoker | @phoog Sure, I meant that they have no way of knowing. | |
| Oct 31, 2017 at 4:03 | comment | added | Viktor Toth | @Dennis Based on the question I doubt the OP filed such a return 14 years ago. | |
| Oct 31, 2017 at 2:04 | comment | added | user38879 | @ViktorToth, Generally when you leave Canada you file a tax return that says you became a non-resident on some date, pay your exit tax if you owe any, and usually you're done. If they doubt you they ask you to file the dreaded NR73, you (or, better, your lawyer) fill it out and they make a determination from that. Note that while the NR73 asks where you are required to pay taxes (among many, many other questions), it doesn't ask about your immigration status there or elsewhere. That isn't relevant. | |
| Oct 30, 2017 at 20:11 | comment | added | phoog | @JollyJoker that's not true. If she has in fact been earning income in the US, or even outside the US while she is resident in the US, then she is liable for tax on that income whether the US now knows it or not. In that case, if the US discovers the income and the unfiled returns, there will be a problem. One can be a resident for income tax purposes even if one has no legal immigration status; most (all?) who spend a year in the US in illegal status will be tax residents b/c of the substantial presence test. | |
| Oct 30, 2017 at 18:53 | comment | added | Viktor Toth | @JimMacKenzie True, but only if you establish that you are a non-resident for income tax purposes. Usually this implies severing all ties with Canada. I don't know if Revenue Canada would accept someone claim to have severed all ties when that person has no legal residence in another country and has not paid income tax in another country either, while traveling on a Canadian passport. See, e.g., canada.ca/en/revenue-agency/services/tax/… or americanlaw.com/ustxtmp2.html. | |
| Oct 30, 2017 at 17:14 | comment | added | Michael Seifert | @JimMacKenzie: In fact, the United States is one of only a few countries that tax their citizens on income earned outside of their borders. Wikipedia has a brief summary of the countries which tax non-resident citizens, and the circumstances under which they do so. | |
| Oct 30, 2017 at 16:58 | comment | added | Jim MacKenzie | @ViktorToth Canadians living abroad have no requirement to file Canadian tax returns (unlike Americans doing the same). A filing is done the year of emigration, and none are required again unless a person returns to Canada. There is likely not a problem for the question author to return to Canada, but her partner would likely need a visa of some kind to establish long-term residency there. | |
| Oct 30, 2017 at 8:10 | comment | added | JollyJoker | If the US is unaware she's even been in the country all this time, there can't be a problem with unfiled taxes. | |
| Oct 30, 2017 at 6:10 | comment | added | user102008 | Nothing we've seen so far indicates that the OP was required to file taxes during those years. | |
| Oct 30, 2017 at 5:48 | comment | added | Viktor Toth | I was answering the OP's question about visiting Canada. Also, marriage does not solve the problem with unfiled taxes. | |
| Oct 30, 2017 at 5:25 | comment | added | user102008 | "You really have no good options here." There is a very good option regarding the immigration situation: Marry in the US and apply for Adjustment of Status to get a green card. It will be very straightforward with no problems. Unfortunately, the complication is the need to return to Canada to visit the mother. | |
| Oct 30, 2017 at 5:18 | history | answered | Viktor Toth | CC BY-SA 3.0 |