Border police

[belinda63 3,031]

Read the link provided above by canadian wife

[criandjen 0]

Read the link provided above by canadian wife

That is where i copied the note!

Probably i was not clear. I read the rules a way before posting this post. I am looking for personal experiences not for a mere copy of the link

[Aztec&Taino 144]

If we do not have income is not mandatory to file tax return. That was confirmed by an expert accountant, but this is not the point.

The point is:

- I agree we are not living in the US but the rule say that "Remain outside of the United States for more than 1 year " and i have never been out for more than one year

I was, at one point, a green card holder myself. As I remember, it was clear that I could not leave the US for periods of 6 months or longer. Otherwise, it would be considered that I abandoned my given status. After all, the official name of the document is Permanent Resident card, meaning that is an immigration benefit given to foreigners who intend to become legal permanent residents of the US.

In addition to this, if you were ever interested in becoming a naturalized US citizen you need to provide information of all the times you have not been in the US. You need to have a continuous presence/residence in the US for 3 years -if you file for naturalization and you are still married to the same spouse through whom you obtained the immigration benefit. Or, you could have been a permanent resident for 5 years (regardless of whether you are still married or not to your US spouse) before you file for naturalization.

It would be a shame if your green card was revoked because of your extended absences because it would mean more paperwork, money, and wait in order to obtain the benefit again. Do you know where you want to stay and live? If you are not planning to make the US your home, then the green card may not be worth keeping...

[criandjen 0]

I was, at one point, a green card holder myself. As I remember, it was clear that I could not leave the US for periods of 6 months or longer. Otherwise, it would be considered that I abandoned my given status. After all, the official name of the document is Permanent Resident card, meaning that is an immigration benefit given to foreigners who intend to become legal permanent residents of the US.

In addition to this, if you were ever interested in becoming a naturalized US citizen you need to provide information of all the times you have not been in the US. You need to have a continuous presence/residence in the US for 3 years -if you file for naturalization and you are still married to the same spouse through whom you obtained the immigration benefit. Or, you could have been a permanent resident for 5 years (regardless of whether you are still married or not to your US spouse) before you file for naturalization.

It would be a shame if your green card was revoked because of your extended absences because it would mean more paperwork, money, and wait in order to obtain the benefit again. Do you know where you want to stay and live? If you are not planning to make the US your home, then the green card may not be worth keeping...

We applied for green card but we are not thinking about living in the US for now. Our idea was/is to get the double passport in order to be able to move wherever we want withouth having more paper to be done.

Anyway we are looking for personal experiences on the topic

[DaveyOntario 1]

We have an US account with good amount of money in it. No tax return because we never worked there

If this is an investment account you are probably making money from it or should be. This would be income. A USC and permanent resident DO need to file a return if the US is stated as your place of residence even though you are seldom in the US. Also, if this is the case you need to be aware of the "Global Income" requirement on the tax return. A book called "The Border Guide" by Robert Keats explains all the pros and cons about global income/investment.

[criandjen 0]

If this is an investment account you are probably making money from it or should be. This would be income. A USC and permanent resident DO need to file a return if the US is stated as your place of residence even though you are seldom in the US. Also, if this is the case you need to be aware of the "Global Income" requirement on the tax return. A book called "The Border Guide" by Robert Keats explains all the pros and cons about global income/investment.

It is not an investment account. it's a not interest account. No income from the account

[Sweetcheeksss 91]

The green card program is meant to allow foreign nationals the opportunity to legally reside and work in the United States - it is not meant for people to use it as a convenient, permanent visa.

If you spend more time out of the US than in the US each year (6 or more months, for example), or if you spend more than one year away without first applying for a Re-entry permit, or if you do not maintain a residence in the US, and/or you do not continue to file your US taxes, you may lose your green card status.

A number of foreign nationals are quite surprised each year when they attempt to re-enter the US, only to find that they are stopped at the US Port of Entry and told that they no longer have status in the US as a Lawfully Admitted Permanent Resident. If people with green cards do not wish to live in the US, they should turn them in, and simply visit with a non-immigrant visa.

[Sweetcheeksss 91]

Dang, can't edit - I found that info ( and more) here:

http://answers.yahoo.com/question/index?qid=20071022162304AAiq4Yo

[criandjen 0]

The green card program is meant to allow foreign nationals the opportunity to legally reside and work in the United States - it is not meant for people to use it as a convenient, permanent visa.

If you spend more time out of the US than in the US each year (6 or more months, for example), or if you spend more than one year away without first applying for a Re-entry permit, or if you do not maintain a residence in the US, and/or you do not continue to file your US taxes, you may lose your green card status.

A number of foreign nationals are quite surprised each year when they attempt to re-enter the US, only to find that they are stopped at the US Port of Entry and told that they no longer have status in the US as a Lawfully Admitted Permanent Resident. If people with green cards do not wish to live in the US, they should turn them in, and simply visit with a non-immigrant visa.

Can you please avoid to tell me things that i already know?

Things changed since we applied and received the green card. Now that we have it we are trying not to loose it.

Edited November 14, 2010 by criandjen

[Sweetcheeksss 91]

This explains it much better :

A commonly held but mistaken assumption is that a visit every year to the US will preserve LPR status.  While an LPR needs only the green card to reenter the US after an absence of less than one year, this is not enough to indicate the intent to remain a resident of the US.  The LPR must take additional action to preserve their status.

One of the most important factors in preserving permanent residence is to continue filing tax returns in the US.  Because of international tax laws, there will often be no tax owed to the US government, but failure to file a return is almost always considered a sign that LPR status has been abandoned.  The LPR should also maintain a bank account and credit cards in the US.  These accounts should be as active as possible.  For example, if the LPR is employed abroad, the salary should be deposited in the US account.  The LPR should also continue to renew their US driver’s license.  If possible the LPR should purchase property in the US.

If the LPR’s absence is due to employment, a letter from the employer detailing the terms and length of employment is very important.  If the absence is for family or personal reasons, these should be well documented.  While such reasons are acceptable, the ease with which they can be manipulated means they should be very well documented.  

Of course, the LPR can also obtain a reentry permit if the absence is to be greater than one year (after absences of less than one year, the green card is sufficient for reentry).  However, many of these same factors are involved in the decision of whether to issue such a permit, and even with a reentry permit the LPR can still be deemed to have abandoned status. 

It is important that the LPR traveling abroad for an extended period is prepared to document their intent to remain a US resident if questioned by immigration or consular officials.  One of the best ways to do this is carry copies of relevant documents in a single location that can easily be presented to officials.  Among these documents should be copies of past tax returns, deeds showing property ownership, records of bank account activity, relevant letters from employers, and letters explaining the purpose of the extended absence.

From here: http://www.visalaw.com/01jan4/12jan401.html

[kennym 275]

WE are not PLAYING any GAME. That is simple offensive to think we are doing that. We followed the rules, payed the fees, we cannot live in the US now.

We do not have a job there. We should live on welfare and we are both professionals!

Ok, I see you're not playing any games, but you're clearly aware of the requirements for the Green Card, but you don't want to follow the rules. You can't find a job in the US if you aren't here looking and you can't work here if you don't have legal status.

We applied for green card but we are not thinking about living in the US for now. Our idea was/is to get the double passport in order to be able to move wherever we want withouth having more paper to be done.

Anyway we are looking for personal experiences on the topic

What do you mean by Personal Experiences? The rules are the the rules... people are trying to tell you that you're not following the rules, but as you stated, you already knew that.. Maybe what you mean by "personal experiences" is how to circumvent immigration rules, well, it's doubtful you'll find advise here on how to get around the rules...

If your are not going to live in the US, even though you know the residency requirements, then clearly the Green Card won't work for you.. If you want a double passport, I beleive at minimum you need to meet the requirements for your citizenship and that will only happen if you follow the rules...

[Sweetcheeksss 91]

Hmmm, since I am not inside your head, I have no idea what you already know. Just trying to be helpful, I won't make the effort again tho. Good luck with everything.

[criandjen 0]

Hmmm, since I am not inside your head, I have no idea what you already know. Just trying to be helpful, I won't make the effort again tho. Good luck with everything.

It did not come out good...the meaning was that i know what is the green card.

[criandjen 0]

Ok, I see you're not playing any games, but you're clearly aware of the requirements for the Green Card, but you don't want to follow the rules. You can't find a job in the US if you aren't here looking and you can't work here if you don't have legal status.

What do you mean by Personal Experiences? The rules are the the rules... people are trying to tell you that you're not following the rules, but as you stated, you already knew that.. Maybe what you mean by "personal experiences" is how to circumvent immigration rules, well, it's doubtful you'll find advise here on how to get around the rules...

If your are not going to live in the US, even though you know the residency requirements, then clearly the Green Card won't work for you.. If you want a double passport, I beleive at minimum you need to meet the requirements for your citizenship and that will only happen if you follow the rules...

Who told you that i am not looking????? And i already mentioned that things changed since we received the green card, we are trying to keep the green card. I suggest you to better read the post before writing back

[kennym 275]

I did read your posts, and I will say this more clearly, so you can understand better..

To maintain residency, you must follow the rules.. You stated you know the requirements, but then you said they've changed so when people tell you the requirements, you said not to tell you something you already know.. You're sending some mixed feedback.. If you know the rules, then you know you need to follow them.. If you don't know the "new" rules, then we're tried to politely share them with you, but you tell everyone you already know the rules..

so what's the real story?

do you know the rules?

do you want to follow the rules?

do you want to keep your green card?

one small piece of advice, it helps if you tone down the attitude if your seriously looking for helpful feedback from the forum..

Kenny