Questions about Returning Resident Visa

[Indo_mommy 0]

I'm not sure if this is the right place for my question but I'm gonna ask anyway.

My husband has been offered a new job in Singapore (we're currently in China) and I'm already within that 90 days window for Removal of Condition for my GC. I had been out of the country since December 2008 and we didn't apply for re-entry permit because of my GC will expired in May 2009. Now I'm having some doubts after I talked with a friend who's in similar situation like us and said she didn't apply for the 10 years GC (I think she returned her GC to US embassy or something like that) and just apply for a tourist visa valid for 5 which was granted by the US Embassy since she said she and her husband doesn't have any plan to return to the US for good.

Is this a wise choice? Then how bout my husband's income tax? We always filed jointly since we got married although I never work. Then how about my SSN? We does plan to stay around in Asia for a few years but plan to come and visit my inlaws once in awhile. I've also heard about Returning Resident Visa, is this a good choice too? Or should I just go with the regular tourist visa?

Any input on this is highly appreciated. Thank you!

[jula 0]

Is this a wise choice? Then how bout my husband's income tax? We always filed jointly since we got married although I never work. Then how about my SSN? We does plan to stay around in Asia for a few years but plan to come and visit my inlaws once in awhile. I've also heard about Returning Resident Visa, is this a good choice too? Or should I just go with the regular tourist visa?

I say what would be the best choice depends on how much longer you'll stay abroad. What's a few years? 2 or 4? If that's for 2 or less, and you can travel to the USA to capture the biometrics for a new card, you may want to do that. Get new GC and re-entry permit. If you plan to stay 2+ year, abandoning status may be a better option. If you stay outside of USA for a long time (even with the short trips to the USA), it may be difficult to keep residency anyway.

Even if you are no longer resident (have GC), you can sign a statement saying you want to be treated as a resident for USA tax purposes, and continue filing jointly with your husband. You can change that decision in the future and file as non-resident if you have any income in USA. But, as I understand it - once you start fililing as non-resident (or stop filing if you don't have any USA income), you can't go back and file jointly with your husband unless you obtain the residency in the USA again... But check that with a professional... I guess it comes down what's better for the family (if your husband "needs" your portion of foreign income exclusion).

SSN is your for life...

Returning resident visa is issued to permanent residents who can prove that the reason they did not return to the USA in due time (normaly within a year) was beyond their control (prolonged illness).

[Indo_mommy 0]

Hi there, thanks for your reply.

After a much discussion with my DH, we decided to just go ahead & apply for my 10 years GC (application will be send out ASAP!) and just follow all the rules then see what happens next. If we get approve then it will be truly wonderful if no then we will try to figure something else. Yes, I can travel back to the US for biometric whenever they schedule it and then apply for a Re-entry permit as I believe I will have to be physically in the US to do so.

Thanks for your info regarding the tax thing. I will let my DH read that part.

Is this a wise choice? Then how bout my husband's income tax? We always filed jointly since we got married although I never work. Then how about my SSN? We does plan to stay around in Asia for a few years but plan to come and visit my inlaws once in awhile. I've also heard about Returning Resident Visa, is this a good choice too? Or should I just go with the regular tourist visa?

I say what would be the best choice depends on how much longer you'll stay abroad. What's a few years? 2 or 4? If that's for 2 or less, and you can travel to the USA to capture the biometrics for a new card, you may want to do that. Get new GC and re-entry permit. If you plan to stay 2+ year, abandoning status may be a better option. If you stay outside of USA for a long time (even with the short trips to the USA), it may be difficult to keep residency anyway.

Even if you are no longer resident (have GC), you can sign a statement saying you want to be treated as a resident for USA tax purposes, and continue filing jointly with your husband. You can change that decision in the future and file as non-resident if you have any income in USA. But, as I understand it - once you start fililing as non-resident (or stop filing if you don't have any USA income), you can't go back and file jointly with your husband unless you obtain the residency in the USA again... But check that with a professional... I guess it comes down what's better for the family (if your husband "needs" your portion of foreign income exclusion).

SSN is your for life...

Returning resident visa is issued to permanent residents who can prove that the reason they did not return to the USA in due time (normaly within a year) was beyond their control (prolonged illness).