Do I declare Common Law spouse CPP&OAS Living in the US

This forum deals with all aspects of immigration to the United States, including visa types, general immigration issues, and U.S. immigration topics.

Moderator: Jim Eiss

Post Reply
PaulPhoenix
Posts: 3
Joined: Mon Jul 10, 2023 3:48 pm

Do I declare Common Law spouse CPP&OAS Living in the US

Post by PaulPhoenix »

Hello. I am a Canadian who resides in the U.S. I am in the process of applying for CPP & OAS at age 65. The OAS application form asks me to indicate my marital status. I am currently living in a common-law relationship in the U.S. My common-law relationship is not legally recognized in the US as it would be in Canada. My common-law partner is a U.S. Citizen. I am seeking direction as to whether or not I should be declaring my common-law partner (same sex) on my OAS application. As I read the OAS guide, it seems to indicate that I must declare my common-law relationship status for OAS purposes. Do I have the option? Are there pros and cons to declaring a same sex common-law partner on a OAS application while I continue to reside in the U.S.? I am primarily concerned with tax implications. Is it possible that I can be considered to have a common-law spouse for Canadian purposes but this same relationship is not legally recognized in the U.S. for Social Security or any tax purposes. Thank you in advance to anyone who can comment on this.
Post Reply