John & Angela
Full Timers in Canada, USA and Mexico
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Joined: 02/18/2003
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Hi Folks. Not really sure where to put this. This is long term planning for us but it came up in discussion again and I figured what the heck, It's sunday afternoon, all my chores are done and I have nothing to do so what the heck, I'll ask my fellow RVers on the forum our question.
In a couple years we will be spending a year travelling around europe in an RV and that particular year we will snowbird in the south of spain. The following spring we will return to North America where we will spend a month or so here (in Canada) and then hit the road to see some of the summer oriented type attractions in the USA. eg, Yellowstone, parts of Montana etc. You get the idea. However as Canadian citizens our US visa is only good for 6 months of the year before we have to leave the US or be be deported. If we arrive in the US in July our departure date will have be Decemberish. Are there any US immigration experts out there that would know if there is some sort of extended visa available for Canadian citizens in non working situations? Although we will certainly spend at least some of our winter in Mexico as per usual, we also still enjoy our property in Palm Springs and it would be nice to extend to a total of about 8 months for that particular year.
No big deal if not possible as we will just settle into one of our favourite Mexican spots for a little longer than usual but I wonder if there is a "retired guy" type of visa available. We don't don't mind filing a US tax return if required. A search on the web found no definitive results.
Thanks in advance folks. Have a nice day ....eh.
2003 Fleetwood Revolution 40C. Smart car CDI diesel TOAD towed on a trailer
2001 22 foot Vanguard VXL 2200 when travelling in Mexico
Retired Canadian Air Force Technicians
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RamblinFever
Ontario, Canada
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Joined: 06/01/2005
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It appears that you can stay only 6 months but may be allowed to return home to Canada and back to the US.
From Department of Homeland Security
"Canadian citizens traveling to the U.S. by land or sea are required to present one of the travel documents listed below, and may generally visit the U.S. for up to six months."
"The burden of proof that the Canadian citizen is not an intended immigrant (plans to make the U.S. their primary residence) is always on the applicant. There is no set period of time Canadians must wait to reenter the U.S. after the end of their stay, but if it appears to the CBP Officer that the person applying for entry is spending more time over-all in the U.S. than in Canada, it will be up to the traveler to prove to the officer that they are not de-facto U.S. residents. One of the ways to do this is demonstrate significant ties to their home country, including proof of employment, residency, etc."
Your other concerns are tax and health insurance issues. This will be even more complex if you do not own property in Canada.
Lots of other info here and here
* This post was
edited 08/29/10 07:58pm by RamblinFever *
04 Bounder 35E, W-22
05 Honda CR-V, SMI brake
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John & Angela
Full Timers in Canada, USA and Mexico
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Joined: 02/18/2003
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Thanks for the reply. Looks like it may be easier than it appears. We would be out for awhile anyway as we would be in Mexico for a few months. Somehow I had in my mind that it was a total time period 6 months in 12 months.
We own property in the US and Canada so no worries there. We will be on private health insurance for the 18 month period so thats not an issue either. Thanks again, looks encouraging.
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RedAce
Stratford
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Joined: 04/06/2009
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If You stay in the US for more than 183 days you will be deemed to be a US resident and will be required to file and pay US income taxes on your world income.
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moisheh
North America
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Joined: 05/04/2002
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Good Sam RV Club Member
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John: There is some sort of Formula that they use. It has to do with how many days you were in the USA in previous years. However the homeland security personell have been turning back those that may be full timers. They do have the final say. On Edit: That rule applies to the IRS
Substantial Presence Test
You are considered a U.S. resident if you
meet the substantial presence test for
2009. You meet this test if you were
physically present in the United States for
at least:
? 31 days during 2009 and
2. Days you were in the United States
for less than 24 hours when you were
traveling between two places outside the
United States.
Closer Connection Exception
? You were present in the United States
for fewer than 183 days during 2009,
? 183 days during the period 2009, 2008,
and 2007, counting all the days of
physical presence in 2009 but only 1/3
the number of days of presence in 2008
and only 1/6 the number of days in 2007.
? You establish that during 2009, you
had a tax home in a foreign country, and
? You establish that during 2009, you
had a closer connection to one foreign
country in which you had a tax home
than to the United States, unless you had
a closer connection to two foreign
countries.
Days of presence in the United States.
Generally, you are treated as being
present in the United States on any day
that you are physically present in the
country at any time during the day.
1. Days you regularly commuted to
work in the United States from a
residence in Canada or Mexico.
4. Days you were unable to leave the
United States because of a medical
condition or medical problem that arose
while you were in the United States.
5. Days you were an exempt individual.
Closer Connection to Two Foreign
Countries
You may demonstrate that you have a
closer connection to two foreign
countries (but not more than two) if all
five of the following apply.
1. You maintained a tax home as of
January 1, 2009, in one foreign country.
4. You had a closer connection to each
foreign country than to the United States
for the period during which you
maintained a tax home in that foreign
country.
Moisheh
* This post was
edited 08/30/10 10:24am by moisheh *
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John & Angela
Full Timers in Canada, USA and Mexico
Senior Member
Joined: 02/18/2003
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Hi Moisheh and long time no see.
We are comfortable with the IRS side of things and play totally above board with our US hosts and their tax department. I have no issues with filing all required paperwork and a tax return if deemed required. Tax treaties with the US make it financially painless but a bit of an administration PITA. It is the immigration side of things that can get confusing and a little intimidating. This year we will probably pop down to the border in Tijuana and talk to the US imigration on the right way to deal with this situation. I have done a little more research and from what I can see it tends to be looked at on an individual basis. This can be risky as it seems it can lead to extended periods of entry denial which of course is their right. It may mean extended periods in Mexico for a couple of winters which is more a planning issue than anything else although Mexico tends to be harder on my waistline and liver. Regardless we are bound and determined to see some of the great American landmarks and the history that goes with them but like I said, these are the ones that need to be seen in the summer. Just a matter of planning and doing it right.
Thanks for your input.
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