Avoid Tax on World Income

[miky348]

Hi,

I am a non-resident Canadian citizen. I maintain my residency in Qatar. My wife (US citizen) also maintains her residency in Qatar. My wife will be moving back to US. I would also like to move with her and live in US legally. I have no intention of either obtaining a Green card or US citizenship.

1. What visa status should I maintain that would qualify me as "non-resident alien", i.e. I have to pay income tax only on American income and not on world income?

2. How many days in a calender year (or period of 365 days) can I physically reside in US to maintian my "non-resident alien" status?

3. Since my wife is a US citizen, would I be permitted to maintain a non-sponsored immigration status and still qualify as a "non-resident alien"

Requirement:
I want to live in US legally (with my wife) and be liable to pay tax only on American income and not on world income.

Also,
1. What is the maximum amount (per annum) can I give to my wife as a gift, under:
a. Non-resident Canadian and not residing in US
b. Non-resident Canadian and residing in US as "non-resident alien"

Thanks
miky

[nelsona]

The only statuses which would allow you entry are H1 or L status, which would be working statuses.

You are presupposed to have immigratnt intent when you enter US with a US citien spouse, who lives or is palnning to live in US. Thus, all other non-imigrant (ie non-GC) statuses are forbidden.

You will need to apply for a spousal Visa, which will necessarily lead to a GC, and would immediately require you to file a US tax retunr as a resident.

if you were to get an H1 or L1 visa (which would require employer-sponsorship), about 140 days a year would be the max you could stay, unless you maintained STRONG ties in another country, and that country had a tax treaty with US.

Be carefgul about becoming "countryless" as this could let canada sneak back into the tax picture... unlikley be be warned.

[miky348]

1. Even after moving to US, I still intent to maintain my residency visa in Qatar, have business operations there.

2. I want to continue maintaining my non-resident Canadian status

3. Both H1 & L would only permit stay of 140 days. Is there any other way I can live in US and avoid paying taxes on world income?


4. How do I maintain STRONG ties in another country? Also, Qatar does not have any tax treaty with US

Thanks
miky

[nelsona]

1. That does not beat substantial presence test.
2. Good. So you need to maintain a residednce somewhere.
3. Yes, and it would need an employer to transfer or sponso you.

But more importantly: you will NOT be admitted to US if your spouse moves there unless you have a K, IR visa , H or L status.

So, you need to talk with an immigration atty. You may simply NOT be aboe to move to US, or you will have to pay US tax on world wide income.

You can't have it all.