Green Card/Abandoning Status Issues

[jula 0]

Miri: I put down my address and mailing address in the US , but on the separate piece of paper I listed all my previous addresses and something like: from October xx, 200x "US mailing address" and "the address overseas". I thought it was important to have an US address and wasn't sure if USCIS would mail papers overseas.

All the correspondence (NOA, approval letter) was mailed to my US address.

[Tex'n'Brit 0]

Hi there,

Looks like you've already had lots of good advice already.

I've just one other thought to add ... I was wondering - depending on your financial circumstances of course - would keeping your current home in the USA and renting it out while you're away (at least until you decided your future) be enough to satisfy the requirements? Just a thought.

All the best,

Sheila

Edited May 1, 2006 by Tex'n'Brit

[Yodrak 7]

Mike,

In addition to following the leads given by Kezzie and meauxna, you should watch your language. Saying things like "move to Europe permanently" and "move all of our assets overseas" are clear indications that you fully intend to abandon your US residence and your wife's Green Card along with it.

Do you really intend to make such a comprehensive move? I suspect that you can probably find a different way to express what you will do that leaves the door open to keeping the USA as your primary country of residence that you do not intend to abandon although it may be a long time before you take up full-time residence in the USA again.

Yodrak

Hi there,

I haven't posted on this forum in quite some time. However, this thread has me interested. I don't want to hijack that one, so I decided to start a new one.

My wife has now had her conditional green card since last August. I've recently learned that I have a potential job opportunity in W. Europe. If we decide to move to Europe permanently or semi-permanently, am I right to assume this will mean she'll "abandon" her permanent resident status in the US? If we decide to move back later than 1 year, I also assume we'll have to start again from square one? I can't really see how we'd maintain a residence here in the states if we move all of our assets overseas. Does it make a difference one way or the other that her Green Card is conditional? Am I also correct in thinking you can't lift conditions on a green card while living outside the US?

Thanks for any help

Mike

dmartmar,

Not true. In the circumstances that Mike described his wife has a lot to worry about with respect to her LPR status.

Yodrak

Since your wife already has a good for 2 years GC in her hand, she can come and go as she pleases to/from the US. You have nothing to worry about.

[miketrombone 0]

Update to this story:

I did end up getting the job in Denmark back in April, so at this point we are planning to move over there. We don't have the financial ability to maintain our current residence here, and plan to have whatever US business we need to do be based from my parents place. It seems that we probably will have to abandon my wife's GC with all of this, as the job is a permanent position, and I can't see us going back to my current job, which is not a positive situation financially. (I'm an orchestral musician, so jobs don't grow on trees)

My question is somewhat unrelated to immigration.....if we try to claim residency in the US on our tax return for 2006, will we have to pay US taxes on my overseas income? If so, then we will not be able to claim as such because we'll already be paying Scandanavian taxes, which are extremely high. Otherwise, I might try to claim residency for at least one year until I get tenure on the job.

Another related question, is it possible my wife will get hassled trying to come here on a visa waiver for a visit after she abandons status? Of course, anything is possible on any given day, but "likely" is a better word, I guess.

thanks

Mike

[sparkofcreation 0]

Unless I'm very much mistaken, *all* USCs have to claim all worldwide income on their taxes. However, you then can exclude up to $84K of foreign income per year (as in, you tell the government about it in the "total income" line, but then deduct it so it doesn't count for tax purposes). The $84K is prorated; if you are abroad for 200 days of the year, you can deduct ($84K × 200/365) and so on. I think this is the method you would use if you file taxes as resident in the US.

There's also another alternate method I'm not quite sure of where you would be able to claim the tax you paid to Denmark against the money you owe to the US. I believe that's the one you use if you're a non-resident in the US.

Again, you probably won't actually have to pay taxes on your income in Denmark, but as a USC you are required to tell the IRS about it.

[miketrombone 0]

Right, I realize I will always have to file an IRS tax return regardless of where I live. My question mainly centers around whether my tax-status would change whether I claim myself as a US resident or not. When I file taxes for 2006, we would only have been hypothetically out of the country for a few months, so I would prefer to file as a resident at that time---if I don't get hit financially.

[sparkofcreation 0]

Right, I realize I will always have to file an IRS tax return regardless of where I live. My question mainly centers around whether my tax-status would change whether I claim myself as a US resident or not. When I file taxes for 2006, we would only have been hypothetically out of the country for a few months, so I would prefer to file as a resident at that time---if I don't get hit financially.

As far as I know, if you are a US resident you can exclude your foreign income, and if you are a non-resident, the US will give you a credit for taxes paid to Denmark. If I were you, I'd probably sit down and fill out a tax return each way, and see which works out better. Though there may be some sort of time test that determines which you must use.

[dmartmar 1]

dmartmar,

Not true. In the circumstances that Mike described, his wife has a lot to worry about with respect to her LPR status.

Yodrak

You're right! I missed the "permanently leaving" part.

[miketrombone 0]

Thanks Spark. I think I need to do some more research on the whole tax issue. If anyone else has experience with this kind of situation, I'd like to hear the story.

Right, I realize I will always have to file an IRS tax return regardless of where I live. My question mainly centers around whether my tax-status would change whether I claim myself as a US resident or not. When I file taxes for 2006, we would only have been hypothetically out of the country for a few months, so I would prefer to file as a resident at that time---if I don't get hit financially.

As far as I know, if you are a US resident you can exclude your foreign income, and if you are a non-resident, the US will give you a credit for taxes paid to Denmark. If I were you, I'd probably sit down and fill out a tax return each way, and see which works out better. Though there may be some sort of time test that determines which you must use.

[Sweetgirl 0]

Hi there,

I haven't posted on this forum in quite some time. However, this thread has me interested. I don't want to hijack that one, so I decided to start a new one.

My wife has now had her conditional green card since last August. I've recently learned that I have a potential job opportunity in W. Europe. If we decide to move to Europe permanently or semi-permanently, am I right to assume this will mean she'll "abandon" her permanent resident status in the US? If we decide to move back later than 1 year, I also assume we'll have to start again from square one? I can't really see how we'd maintain a residence here in the states if we move all of our assets overseas. Does it make a difference one way or the other that her Green Card is conditional? Am I also correct in thinking you can't lift conditions on a green card while living outside the US?

Thanks for any help

Mike

HI! the Conditional Resident and the Permanent Resident must spend most of the time in the United states.,otherwise the CPR or PR priviliege will be taken away. The CPR and PR may spend no more then 6 month outside of the U.S each time they travel,otherwise if you and your wife are planning to stay overseas longer,you must obtain a Reentry permit.You can apply for the Removing Conditions from overseas ,but i don;t know what exactly the rules are about that concern, but you should defenetely contact the Immigration Attorney to this matter.

Take Care!

Sincerely.

Hi there,

I haven't posted on this forum in quite some time. However, this thread has me interested. I don't want to hijack that one, so I decided to start a new one.

My wife has now had her conditional green card since last August. I've recently learned that I have a potential job opportunity in W. Europe. If we decide to move to Europe permanently or semi-permanently, am I right to assume this will mean she'll "abandon" her permanent resident status in the US? If we decide to move back later than 1 year, I also assume we'll have to start again from square one? I can't really see how we'd maintain a residence here in the states if we move all of our assets overseas. Does it make a difference one way or the other that her Green Card is conditional? Am I also correct in thinking you can't lift conditions on a green card while living outside the US?

Thanks for any help

Mike

HI! the Conditional Resident and the Permanent Resident must spend most of the time in the United states.,otherwise the CPR or PR priviliege will be taken away. The CPR and PR may spend no more then 6 month outside of the U.S each time they travel,otherwise if you and your wife are planning to stay overseas longer,you must obtain a Reentry permit.You can apply for the Removing Conditions from overseas ,but i don;t know what exactly the rules are about that concern, but you should defenetely contact the Immigration Attorney to this matter.

Take Care!

Sincerely.

go to the www.ilw .com website and the immigration attorneys can answer on your question there as well.

[miketrombone 0]

Hi Sweet,

Thanks for the link, I'll check it out. I am planning to get a re-entry permit, as that seems like a pretty easy way to help our cause should we need to come back within a reasonable time-frame (ie less than 2 yrs).

The USCIS website says that a LPR can technically stay out of the country for up to 1 yr. w/o a re-entry permit. Of course, it will depend on what Immigration agent you get. It goes on to state that a re-entry permit will be good for up 2 yrs after you leave, and then you are SOL.

Anyway, should be interesting whatever happens.

Cheers

Mike

[Kathryn41 3,205]

Here is a link to the IRS which gives you options for asking your questions directly to the IRS. You can also access the IRS' various documents through this link that addresses foreign tax issues. Most major countries have tax treaty agreements with the US that ensure you don't end up in a double taxation situation or can take advantage of claiming foreign tax credit on your world wide income. They do have information that will help you determine your tax residency in the year that you relocate to see if you qualify for all or a prorated amount. Really get familiar with the IRS website, and you may also find it useful to pick up one of the big tax guides that are usually published for the current tax year. They will at the very least give you an overview and advise you what other publications to request from the IRS. Good luck.

http://www.irs.gov/contact/index.html

Edited May 23, 2006 by Kathryn41

[Sweetgirl 0]

Hi Sweet,

Thanks for the link, I'll check it out. I am planning to get a re-entry permit, as that seems like a pretty easy way to help our cause should we need to come back within a reasonable time-frame (ie less than 2 yrs).

The USCIS website says that a LPR can technically stay out of the country for up to 1 yr. w/o a re-entry permit. Of course, it will depend on what Immigration agent you get. It goes on to state that a re-entry permit will be good for up 2 yrs after you leave, and then you are SOL.

Anyway, should be interesting whatever happens.

Cheers

Mike

HI Mike,

Its my pleasure . Anyway,i would suggest to you ,to get a re-entry permit for your wife just incase,if you planning to be out of the country for more then 6 month.

Take Care!

Sincerely.

[Yodrak 7]

Sweetgirl,

Not correct. Not any of it.

Yodrak

HI! the Conditional Resident and the Permanent Resident must spend most of the time in the United states.,otherwise the CPR or PR priviliege will be taken away. The CPR and PR may spend no more then 6 month outside of the U.S each time they travel,otherwise if you and your wife are planning to stay overseas longer,you must obtain a Reentry permit......

[jula 0]

Hi,

so, when are you moving?

You got some good leads on tax-issue.

Regarding re-entry permit: since your wife is still a conditional resident, she'll NOT get a 2 year permit.

"A reentry permit issued to a conditional resident

shall be valid for two years from the date of

issuance, or to the date the conditional resident

must apply for removal of the conditions on his or

her status, whichever date comes first."

See if it's worth applying for one before you guys leave. She can always apply after removing conditions, while visiting the States.