TD visa application at border for Canadian

TAPS2050

TAPS2050

New Member
Hello everyone,

My husband has been in US for last 6 months on TN. His Dallas based company allowed him to work from Buffalo but not from Canada. We have home in Toronto and I have job here. I can work remotely from Niagara falls ontario. I am planning to get TD status along with my kid (both canadians) at peace bridge so that I can live with my husband at Niagara falls USA and travel to work in Canada daily. I have a few questions about this.

1. Can I travel to work in Canada daily without facing secondary inspection on regular basis. My Canadian employer will not permit me to work from USA and so as the TD status I believe.

2. Indian marriage certificate and birth certificate in English along with Canadian passports and citizenship certificate and my husband's i94 copy and Canadian passport copy with TN stamp page enough for TD or should my husband be with us?

3. Do I need to get appointment for TD at peace or Rainbow bridge or it's only for TN?


Thank you very much for your time for reading through this. Also, thanks in advance to all those experts who are gonna answer. You guys are gems!
 
1. As long as you don't do anything suspicious, you should be fine. I would invest in NEXUS to speed things up.
2. You can get TD by yourself, no need for your Indian birth cert, or Cdn citizenship cert, your passport proves your citizenship. . Children's birth certs (with parent's name) and passports.
3. No need for any appointments.
 
Keep in mind that you will need to report the income from the job on US taxes, as you will be a resident alien at least starting next year (you won't pass the Substantial Presence Test this year, but if you move to the US late this year or early next year, you will pass the Substantial Presence Test next year). You will be able to claim the Foreign Tax Credit on your US federal tax return, for the amount of taxes paid to Canada, or the amount of US federal taxes on that income, whichever is less. (So you probably end up not paying US tax on that income.) You would also need to file and pay the New York state taxes on your income; I am not familiar with the rules on when residency starts for New York tax purposes.

(You wouldn't need to report your income on US federal taxes this year if you guys file separately, since you are a nonresident alien for this year. But if you and your husband choose to file US taxes jointly for this year, you guys will both be treated as resident for the whole year, and your income this year would also need to be reported to US taxes, and you would also need to use the Foreign Earned Income Exclusion and/or Foreign Tax Credit on the doubly-taxed income.)
 
We try not to delve into taxes here. Too much partial or mis-information (as above, sorry). forums.serbinski.com deals well with these topics.
 
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