I am a Canadian citizen. My husband is a US Citizen living here in Canada with me for the last 20 years as a PR. We are thinking of moving to the USA if my job will permit me to work remotely. We have a dependent son (28) who is disabled. Does anyone know if there would be an issue with him moving with us? Also, any tax ramifications anyone has had experience with?
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1What status will you have in the US? Will you be authorized to work in the US? Will you immigrate to the US (i.e become a US permanent resident)?– user102008Commented May 30, 2021 at 6:19
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My husband would bring me with him and I suppose “sponsor” me if that’s how it works. We are just now looking into this so I have no idea about being authorized to work in the US but am hoping to keep my current job in Canada and work remotely from the US. Do I have to apply for anything else if I am moving there with my husband who is a US citizen?– LisaTCommented May 31, 2021 at 13:56
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1 Answer
There are several issues here.
First, you are not supposed to do work while you are in the US unless you are authorized to work in the US. Unless you can get TN status for your job (and even if you could get TN, you might be denied for immigrant intent because you are married to a US citizen), your most likely way to get work authorization would be to become a US permanent resident (i.e. green card holder), petitioned by your husband.
You are not supposed to enter the US on most types of nonimmigrant status with intent to do Adjustment of Status (the process of getting a green card from within the US) during that stay, so your only appropriate way to get a green card would be through Consular Processing at a US consulate abroad. The process involves your husband filing the I-130 petition, waiting for USCIS to approve the I-130, and then it goes to NVC and the consulate to handle the Consular Processing process, at the end of which you get a US immigrant visa. This process might take one or two years before you get the immigrant visa.
Second, there are US taxes. Any time you do work in the US (no matter if you are authorized or not), your income from that work is subject to US tax (as well as state tax of the state where you did the work). In addition, if you stay long enough (half year, though it can be less if you have been present in previous years) to pass the Substantial Presence Test and become a "resident alien" for US tax purposes, you will be subject to US tax on your worldwide income, though you can claim the Foreign Tax Credit on any doubly-taxed non-US income.
Third, your company would probably need to issue you a W-2 (if you are an employee) or 1099 (if you are a contractor) if you do the work in the US. If you are an employee, they would have to withhold income and payroll taxes. They may have other US tax requirements if you are working for them from the US. I am not familiar with these.
