Some questions about my rights with the 10 year card...

[Katz 0]

My sincerest apologies if this topic has been brought up a thousand times before... but I don't know where else to look.

Okay, my 2 year (conditional) green card expires in February next year, and we are going to file to remove the conditions. We have plans on moving to Australia permanently summer of next year. Can I be a resident in both countries? With that green card am I free to enter the US for visits whenever I want, no matter how long I have been gone? What are my rights with a 10 year green card?

I hope this all makes sense. Thank your for your help... I've been so confused on what to do.

[shawna7 4]

My sincerest apologies if this topic has been brought up a thousand times before... but I don't know where else to look.

Okay, my 2 year (conditional) green card expires in February next year, and we are going to file to remove the conditions. We have plans on moving to Australia permanently summer of next year. Can I be a resident in both countries? With that green card am I free to enter the US for visits whenever I want, no matter how long I have been gone? What are my rights with a 10 year green card?

I hope this all makes sense. Thank your for your help... I've been so confused on what to do.

Hi Katz

You can't be a resident in 2 places..If you are gone for more than 6 months you need a re-entry permit (I think it is an I-130) and that allows you up to 2 years out of the country but if you're leaving to live there permanently then you are giving up your permanent resident status.

[rika60607 215]

You can move 6 months later than you planned and apply for citizenship. You could lose GC, but you get to keep the citizenship no matter where you reside.

[shawna7 4]

You can move 6 months later than you planned and apply for citizenship. You could lose GC, but you get to keep the citizenship no matter where you reside.

nice! I wasn't even thinking how lose she was to being able to become a citizen. great idea!

[Brother Hesekiel 2,236]

If you move to Australia, your GC is gone like the wind. In order to pull that off, you need to add one more year and become a US citizen (dual citizen in your case). If you move afterward, you can do whatever you want, as long as you file your taxes in the US until the day you die.

[Katz 0]

Thank you all for your wonderful and extremely helpful answers..

[Katz 0]

Thank you all for your wonderful and extremely helpful answers..

Just wanted to add: if I lose my permanent residency status, am I allowed back for a visit with a visitor visa? Or am I banned for a certain amount of time?

[w8inglongtime 29]

<!--quoteo(post=3795410:date=Mar 14 2010, 01:41 PM:name=Katz)--><div class='quotetop'>QUOTE (Katz @ Mar 14 2010, 01:41 PM) <a href="index.php?act=findpost&pid=3795410"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec-->Thank you all for your wonderful and extremely helpful answers.. <img src="http://www.visajourney.com/forums/public/style_emoticons/<#EMO_DIR#>/good.gif" style="vertical-align:middle" emoid="" border="0" alt="good.gif" /><!--QuoteEnd--></div><!--QuoteEEnd-->

Just wanted to add: if I lose my permanent residency status, am I allowed back for a visit with a visitor visa? Or am I banned for a certain amount of time?

If you lose your permanent residency, I see you having problems getting a visitor visa in the future since you've shown intent to migrate to the U.S in the past. Maybe voluntarily giving up the green card will make things a bit easier for you to visit the U.S in the future than to have them take it away from you.

Edited March 14, 2010 by w8inglongtime

[bryan45876 0]

If you lose your permanent residency, I see you having problems getting a visitor visa in the future since you've shown intent to migrate to the U.S in the past. Maybe voluntarily giving up the green card will make things a bit easier for you to visit the U.S in the future than to have them take it away from you.

I hope this isnt true.

Lets say an individual becomes a permanent residents of the US, and then after a few years they stop residing in the US and move to another country. After they give up their permanent resident status I dont see why they couldnt apply for a 10 year tourist visa.

Now my question is if they want to become a permanent resident again (many years later) what is the procedure for that? To summarize, if someone spends 3 years as permanent resident, then gives up their resident status and lives overseas for 8-10 years, and then wants to become a permanent resident again, how is that situation viewed by USCIS? How would you go about applying?

Edited March 14, 2010 by bryan45876

[bryan45876 0]

Lets say an individual becomes a permanent residents of the US, and then after a few years they stop residing in the US and move to another country. After they give up their permanent resident status I don’t see why they couldn’t apply for a 10 year tourist visa.

Now my question is if they want to become a permanent resident again (many years later) what is the procedure for that? To summarize, if someone spends 3 years as permanent resident, then gives up their resident status and lives overseas for 8-10 years, and then wants to become a permanent resident again, how is that situation viewed by USCIS? How would you go about applying?

Assuming the person was working, another important consideration is that during that hypothetical 8-10 year period would you be obligated to pay US taxes?

[Kathryn41 3,205]

I hope this isn’t true.

Lets say an individual becomes a permanent residents of the US, and then after a few years they stop residing in the US and move to another country. After they give up their permanent resident status I don’t see why they couldn’t apply for a 10 year tourist visa.

Now my question is if they want to become a permanent resident again (many years later) what is the procedure for that? To summarize, if someone spends 3 years as permanent resident, then gives up their resident status and lives overseas for 8-10 years, and then wants to become a permanent resident again, how is that situation viewed by USCIS? How would you go about applying?

You would start the immigration process all over again from the beginning. Your US spouse would sponsor you with an I-130 petition, and then when that was accepted, move on to the IR-1 visa process. If you are both residing outside of the US and intend to re-establish domicile within the US you may have the option of doing a Direct Consular Filing (DCF) but it would depend in which country you were living - not all of the Consulates do a DCF. If you have the opportunity to get US citizenship before you decide to move to another country, then do so - it will mean you are allowed to return to the US to live and work without having to go through the immigration process once again.

[Kathryn41 3,205]

Brian45876: Now my question is if they want to become a permanent resident again (many years later) what is the procedure for that? To summarize, if someone spends 3 years as permanent resident, then gives up their resident status and lives overseas for 8-10 years, and then wants to become a permanent resident again, how is that situation viewed by USCIS? How would you go about applying?

Assuming the person was working, another important consideration is that during that hypothetical 8-10 year period would you be obligated to pay US taxes?

If you have given up your US permanent residency then no, you would not be required to file US income tax returns if you were living outside of the US. Your US spouse, however, would still be required to file no matter where she is living. If you take citizenship before you leave to work and live elsewhere, you will always need to file a return with the IRS. That doesn't mean you have to pay taxes as there are tax treaties with many countries that are in place and prevent double taxation, but you would have to declare the information and record the taxes you had paid outside of the US all the same.

[bryan45876 0]

If you have given up your US permanent residency then no, you would not be required to file US income tax returns if you were living outside of the US. Your US spouse, however, would still be required to file no matter where she is living. If you take citizenship before you leave to work and live elsewhere, you will always need to file a return with the IRS. That doesn't mean you have to pay taxes as there are tax treaties with many countries that are in place and prevent double taxation, but you would have to declare the information and record the taxes you had paid outside of the US all the same.

Thanks for the reply.

Yes, I realize that the US spouse will always have to file US taxes and that there are some tax treaties and “foreign earned income” programs that will help reduce the US spouse’s tax responsibility for the US government.

I guess we are debating about what to do for the non US spouse and their income if we leave the US. One option would be to file for US Citizenship, pay yearly US tax, return to the US hassle free when ever we wanted to, and enjoy the relatively visa free travel around the world. Another option would be to give up permanent resident status now, enjoy tax free income while working abroad, but then having to deal with the headaches, fees, and visa process again when we decide to return to the US.

[w8inglongtime 29]

Thanks for the reply.

Yes, I realize that the US spouse will always have to file US taxes and that there are some tax treaties and “foreign earned income” programs that will help reduce the US spouse’s tax responsibility for the US government.

I guess we are debating about what to do for the non US spouse and their income if we leave the US. One option would be to file for US Citizenship, pay yearly US tax, return to the US hassle free when ever we wanted to, and enjoy the relatively visa free travel around the world. Another option would be to give up permanent resident status now, enjoy tax free income while working abroad, but then having to deal with the headaches, fees, and visa process again when we decide to return to the US.

I think it will be less stressful filing us taxes than having to deal with uscis ever again. Starting the aos process from scratch always leaves the option of being denied. Let's remember there's no law that says they have to approve our cases.

[Jolibee76 1]

Arent you allowed to stay more than 6mths away from USA on your 10 greencard? I was told up to 1 year... i am planning to go back to australia while my hubby is on deployment for 6mths.. so i be away for about 7mths in total